Info panel showcause notice to IPS officer

Times of India: Chennai: Sunday, 30 June 2024.

Thiru Md.Shakeel Akhter, I.P.S(Retired),
Tamil Nadu State Chief Information Commissioner

The state information commission has asked former deputy commissioner of police for T Nagar, D Ashok Kumar, to explain why he let an assistant commissioner reply to a Right to Information (RTI) Act query when it was his responsibility, as public information officer, to furnish information. It also awarded ₹10,000 compensation to an RTI applicant.
Chief information commissioner Shakheel Akhter, in his June 20 order, ordered Ashok Kumar to reply within 15 days why action should not be initiated against him under RTI Act Sections 20(1) and 20(2). He mandated the incumbent PIO (deputy commissioner) to get the response from Ashok Kumar and submit it to the commission.
City-based RTI activist Kasimayan in 2019 filed an RTI plea before the city police commissioner seeking an action taken report on his complaint dated 2016. He also sought to verify the documents regarding action initiated against Ashok Nagar police station officers as recommended by then deputy secretary M Araselvi and take a copy.
While the petition was forwarded to the T Nagar deputy commissioner, the petitioner filed the first appeal since he did not get information within the stipulated time. The same year, he received a communication from the assistant commissioner of Ashok Nagar, asking him to visit the station and verify the documents.
Kasimayan immediately filed a complaint before the commission but it came up for hearing after five years. Ashok Nagar range assistant commissioner Aldrin appeared on behalf of T Nagar deputy commissioner and Kasimayan appeared through videoconferencing.
The petitioner informed CIC that he was made to wait in Ashok Nagar police station for four hours in 2019 and sent off without any information. He also alleged that the police officers negotiated a compromise with him and that the information he sought was sent to him in 2022.
Recording the submissions, the CIC pronounced his order.

Government offices can’t refuse CCTV footage: Info panel

New Indian Express: Dehradun: Saturday, 29 June 2024.

Public information officer Poonam Saini had cited section 8(1)(g) of the RTI Act and said that there is no compulsion to give information.
Obtaining CCTV footage comes under the ambit of the Right to Information Act, so no department can deny it to an applicant unless it threatens security and sovereignty, Uttarakhand State Information Commissioner Yogesh Bhatt has said.
While delivering his order in a case, Bhatt has imposed a fine of Rs 25,000 on the public information officer of the district supply office of Haridwar for not providing the CCTV footage.
Roorkee resident Udayveer Singh had sought the recording of the CCTV camera installed in the Haridwar office from 10 am to 3 pm on May 25. Public information officer Poonam Saini had cited section 8(1)(g) of the RTI Act and said that there is no compulsion to give information.
“The video footage sought should be separately preserved before refusal to furnish information citing Section (8) of the RTI…There is no justification for refusing to hand over the footage under the RTI to the applicant without preserving it,” Bhatt said.
He said, “CCTV footage constitutes an electronic record accessible in digital format, and as such, cannot be denied upon request unless it poses a threat to the sovereignty, security, or personal safety of the state.”
Fine of Rs 25,000
State Information Commissioner Yogesh Bhatt has imposed a fine of Rs 25,000 on the public information officer of the district of Haridwar for not providing the CCTV footage. Roorkee resident Udayveer Singh had sought the recording of CCTV in the Haridwar office on May 25.

Only 322 institutions submit annual reports to RTI Commission – Minister

GNS: Ghana: Saturday, 29 June 2024.
The Right to Information (RTI) Commission, in 2023 received the annual reports of 322 out of an expected 683 institutions, Madam Fatimatu Abubakar, Information Minister, told Parliament on Friday.

That, she said, was totally unacceptable.
Presenting the 2023 RTI Report to the House, the Information Minister said the Ministry strongly urged the RTI Commission to impose administrative penalties against public institutions that failed, according to Section 71(2)(6) of the RTI Act, 2019.
She said of the complying 322 institutions, 173 received applications for information; adding that those institutions in total received 1,749 requests.
“Mr Speaker, the successful implementation of the RTI Law in Ghana partly depends on the demand for access to information by individuals, institutions, or groups. In accordance with Section 1 of Act 989, a person has the right to information and may apply for access to that information,” she stated.
‘It is important for citizens to understand, Mr Speaker, that in some limited circumstances as outlined between section 5 to 17 of Act 989, public institutions have a right to exempt some classes of information from access under this Act.”
Madam Abubakar said the RTI Act, 2019 had clearly identified and classified some information as exempt, which called for safeguards, including those related to national security, public safety and/or individual privacy.
She said the RTI Commission, however, as an independent and impartial body, had also been resourced to deal with any unwarranted denials by public institutions.
The Minister indicated that the Ghana Revenue Authority processed the highest number of requests, amounting to 115.
Out of the 1,749 requests received by the various public institutions, 1,225 were approved by the information officers of the public institutions representing 70 per cent of the total number of applications received.
The Minister said the total number of applications rejected for varied reasons was 281 by the various public institutions, representing 16 per cent of the total requests.
She noted that reasons cited for rejecting requests include exempt information and information not in the custody of the public institution.
She said 42 of the requests were transferred to other institutions for processing, 20 were deferred, 19 were partially granted and 162 were referred.
She informed the House that work would soon be completed on the Legislative Instrument (LI) for the RTI Act.
Mr Alexander Kwamina Afenyo-Markin, the Majority Leader and Leader of Government Business in Parliament, who commended the Information Minister for the timely presentation of the 2023 RTI Report, reiterated the government’s commitment to accountability and transparency.
Mr Kwame Governs Agbodza, the Minority Chief Whip and National Democratic Congress (NDC) Member of Parliament (MP) for Adaklu, commended the Minister for complying with the time frame for the submission of the RTI Report to the House.
Mr Samuel Okudjeto Ablakwa, NDC MP for North Tongu, who said it took the nation more than 20 years to pass the RTI Bill into law, also commended President Nana Addo Dankwa Akufo-Addo for assenting to the RTI Bill.
Mr Frank Annoh-Dompreh, the Majority Chief Whip and New Patriotic Party (NPP) MP for Nsawam-Adoagyiri, lauded the Yagbonwura and the Wa Naa for donating parcels of lands to the Information Ministry towards the construction of regional offices of the RTI Commission in the Savannah and Upper West regions.

Over 9,600 children wrongly incarcerated, jailed in adult prisons: Study

MSN: New Delhi: Saturday, 29 June 2024.
According to the data for the study "Incarceration of Children in Prisons in India" obtained under the Right to Information (RTI) Act, it showed that more than 9,600 children were wrongly incarcerated in adult prisons across India between January 1, 2016, and December 31, 2021, stated a report by PTI.

The study by legal rights body iProbono sheds light on a deeply concerning issue affecting the juvenile justice system in India.
"This means an average of over 1,600 children were transferred out of prisons across the country every year," the study said, referring to the children identified by Juvenile Justice Boards (JJB) and moved to juvenile homes from adult jails.
This figure was collated based on responses to RTI requests by 285 district and central prisons out of a total of 570, stated a PTI report.
Shortcomings in the data collection
The study additionally mentioned that the data collected does not encompass the 749 other prisons for which they did not request data, such as sub-jails, women's prisons, open prisons, special prisons, borstal schools, and other correctional facilities.
Several states failed to adequately respond to inquiries, with notable non-compliance from Madhya Pradesh, West Bengal, Nagaland, and the Union Territory of Ladakh.
States revealed alarming details
In the jails that were successful in providing data, Uttar Pradesh reported that 2,914 children were transferred from prisons to juvenile homes.
In Bihar, where 34 per cent of prisons provided data, 1,518 children were relocated from adult jails.
Madhya Pradesh failed to provide any data despite multiple requests made under the RTI Act. Similarly, West Bengal did not provide any data.
In Haryana, where data was provided by 90 per cent of prisons, 1,621 children were transferred, aligning closely with the number identified during JJB visits.
In Rajasthan, 108 children were transferred, as indicated by data from 51 per cent of its prisons, with a significant lack of information concerning children identified during JJB visits.
Chhattisgarh transferred 159 children, according to data from 44 per cent of its jails, revealing disparities in JJB visitation patterns across prisons.
Jharkhand transferred 1,115 children, also highlighting discrepancies in JJB visitations and identification practices, with 60 per cent of its prisons responding to RTI queries for the study.
Prisons in Odisha and Tamil Nadu exhibited extremely low response rates to the queries, with no children reported to have been transferred from prisons to juvenile homes.
The study found that Delhi demonstrated a highly organised approach to juvenile justice, with clear directives from the Delhi High Court aimed at preventing the incarceration of children in adult facilities.
The data excludes the Union Territory jurisdictions of the Andaman and Nicobar Islands, Dadra and Nagar Haveli and Daman and Diu, and Lakshadweep due to the absence of district and central jails there.

Delhi HC asks IFS officer to respond to CBI’s plea challenging order to give info under RTI Act

MSN: New Delhi: Saturday, 29 June 2024.

The Delhi High Court on Wednesday sought an Indian Forest Service (IFS) officer's response on a plea by the CBI challenging an order asking the probe agency to provide certain information about alleged corruption in AIIMS trauma centre.
A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora issued notice to Sanjeev Chaturvedi, a former chief vigilance officer (CVO) of AIIMS, Delhi, asking him to file a counter affidavit in response to the CBI’s appeal within four weeks.
The high court listed the matter for further hearing on July 29.
The division bench was hearing the CBI’s appeal challenging a single judge’s January 30 order refusing to interfere with the Central Information Commission’s (CIC) November 2019 decision directing the probe agency to provide certain information to Chaturvedi.
Chaturvedi had sought information about alleged corruption in purchase of disinfectant and fogging solution for the medical store of Jai Prakash Narayan Apex Trauma Centre, AIIMS.
He was the chief vigilance officer of AIIMS at the relevant time when he had sent a report regarding alleged corruption in the purchases being made for the trauma centre.
Chaturvedi had also sought a certified copy of the file noting or documents or correspondences related to the investigation done by the CBI in the matter.
According to the officer, since the CBI took no action on the information provided by him, he approached the Central Public Information Officer (CPIO) of the probe agency.
After the CBI declined to furnish the information, he approached the CIC which ordered the central agency to provide him the details. The CBI then approached the high court challenging the CIC’s 2019 order.
The single judge, in the January 30 order, held that the CBI was not completely exempt from the purview of the Right to Information (RTI) Act which permits it to provide information pertaining to corruption and human rights violation.
Perusing Section 24 (Act not to apply to certain organisations) of the RTI Act, the high court had said it showed that even though the name of the organisation (CBI) found mention in the Second Schedule to the law, it did not mean that the entire Act is not applicable to such organisations.
It had said there was nothing on record to demonstrate that investigation regarding malpractices in purchase of disinfectants and fogging solution in JPNA Trauma Centre, AIIMS here will expose the officers and other persons involved in the probe that can endanger their life or would jeopardise any other serious investigation.
On Wednesday, the counsel for the CBI argued that the single judge’s verdict be set aside on the ground that Section 24 of the RTI law acts as a complete bar and the agency was exempt from the provisions of the Act as its investigation “remains a secret and any disclosure” would defeat the very purpose of its inclusion in the RTI Act.
The federal probe agency said intelligence played a very vital role in investigation of offences of corruption, and many important and sensitive cases were registered on the basis of intelligence inputs. Therefore, it cannot disclose the details of the investigation to Chaturvedi, the CBI said.
“The single judge, while passing the impugned judgment, failed to consider that in the course of investigation carried out by CBI, communications are made to a public officer in confidence and disclosure of the same would be prejudicial to the public interest…
"Public interest demands that the proceedings of enquiry/ investigation should not be made available under the RTI Act, as it might endanger the safety of informants and might also deter the informants from giving information to the investigating agency,” the appeal said.
It added furnishing such information would defeat the very purpose of enquiry into a crime, in particular, a crime relating to corruption, as it would lead to exposing the information collected by the CBI with great effort using their men and resources, giving a chance to alleged culprits to tamper with evidence and destroy the money trail apart from paving the way for influencing the witnesses.
The single judge had, however, held that in appropriate cases, it is always open for the CBI to establish that the information sought about a particular investigation is sensitive in nature, and on considering the nature of sensitivity involved and keeping in mind the object of Section 24 of the RTI Act, it is always open for the CPIO to refuse grant of such information.

4 acquitted in T’wood drugs scandal: RTI

Times of India: Hyderabad: Saturday, 29 June 2024.

The Forum for Good Governance on Friday urged CM A Revanth Reddy to strengthen the prosecution wing to ensure that accused are punished.
FGG wrote to the CM after an RTI query by it to the state excise department revealed that four accused in the 12 FIRs registered by the excise department in connection with the Tollywood drugs scandal of 2017 were acquitted. The reason cited by the courts in the cases is that the prosecution had miserably failed to establish the guilt of the accused, said FGG.
“Keeping in view the fate of the cases booked earlier, people have doubts about the logical conclusion of cases being booked,” said FGG secretary M Padmanabha Reddy. The excise department, in its reply said 62 persons have been examined, including 12 connected to the film industry. FGG stressed that a proper inquiry has to be conducted and accused have to be punished.

Deemed university not covered under RTI Act unless government-controlled, says Delhi High Court

The Hindu: New Delhi: Saturday, 29 June 2024.

The Delhi High Court has said that a deemed university is not a “public authority” covered in the ambit of the Right to Information (RTI) Act unless it is under the control of or is financed by the government.
The court’s order came on a petition by an RTI applicant seeking information with respect to the details of students, including roll number, name and father’s name, who completed MSc in Chemistry through distance learning from 2007 to 2011 from Vinayak Mission University, a deemed university.
The chief information commissioner (CIC) had refused to provide the information, noting that the institute was not a “public authority”, and the data in question pertained to its internal administration.
The court said that the RTI Act deals with entities, including non-government organisations, which are owned, controlled or substantially financed by the government, and merely because a university has been deemed to be a university, it would not be considered a public authority under the act.
“It is not the case of the Petitioner that the Respondent University is either a government authority or a non-government organisation which is substantially financed by the government, either directly or indirectly. The Respondent No. 3 university, thus, cannot be held to be a ‘public authority’ under Section 2(h) of the RTI Act and will not be amenable to the provisions of the RTI Act,” the court in its order said.
The court observed that the information sought by the petitioner was “personal” in nature and exempted under the RTI Act, and he has also not shown any material to indicate what was the public interest that would outweigh the concerns of privacy.

MEA refuses to share details on extradition of Vijay Mallya, Nirav Modi

Live Mint: New Delhi: Friday, 28 June 2024.
Says disclosure of information would "impede the process of prosecution of offenders" MEA cites an RTI clause in order to not share extradition details

The Ministry of External Affairs (MEA) has refused to share details on the extradition of fugitive businessmen Vijay Mallya and Nirav Modi, citing an RTI clause that bars disclosure of information which would "impede the process of prosecution of offenders".
In a reply to an RTI query, it said requests for extradition of Mallya and Modi have been sent to the UK government.
"They are under the consideration of the concerned UK authorities. Copy of communications in this regard may not be provided under Section 8 (1) (h) of Right to Information (RTI) Act," the ministry said in response to the application filed by this PTI journalist.
The section bars disclosure of "information which would impede the process of investigation or apprehension or prosecution of offenders".
Embattled liquor tycoon Mallya is out on bail in the UK. The former Kingfisher Airlines' boss is wanted in India to face charges of fraud and money laundering amounting to ₹9,000 crore.
India's request to extradite Mallya was approved by UK home secretary in February this year.
He has appealed against his extradition order, a hearing for which is now scheduled in the UK High Court on July 2.
Fugitive diamantaire Nirav Modi is also contesting extradition proceedings in London.
He has been denied bail for the third time in his extradition case to India to face charges in the Punjab National Bank fraud and money laundering case amounting to up to $2 billion and will continue to be lodged in a London jail described by his lawyers as "unliveable".

RTI activists uncover illegal land deals worth Rs 250 crore in Bhubaneswar

MSN: Bhubaneswar: Friday, 28 June 2024.

Amassive land scam has come to the fore near AIIMS-Bhubaneswar in the capital city after the Odisha Soochana Adhikar Abhijan (OSSA), a forum of RTI activists, on Sunday alleged illegal conversion of government land at the behest of influential persons including politicians and IPS officers.
A stretch of 7.5 acre of government land has been sold and resold as many as 27 times. The beneficiaries of the proceeds included four IPS officers and powerful people including politicians owing close rapport with the previous BJD Government.
The scale of the land scam is estimated at Rs 250 crore as per the current market price, alleged Srikant Pakal, joint convenor of OSSA.
Despite the land grabbing being detected by the Bhubaneswar Development Authority (BDA) and Bhubaneswar Tehsil in 2021, the concerned authorities have shied away from reclaiming the government land from illegal possession of land grabbers.
The inaction on the part of government agencies in evicting the squatters and initiating action under the Odisha Prevention of Land Acquisition (OPLE) Act is solely due to the power and influence exerted by the land grabbers, Pakal maintained.
The valuable land was illegally leased out in 1978 by then Tehsildar to influential persons who faked being landless. Later, acting on public complaints, the lease was canceled by the then Bhubaneswar Sub Collector 2002.
Thereafter, the land was sold and resold several times on the strength of a forged record of rights. Among the influential persons involved in the dubious land deal included at least four IPS officers with one of them still in service, he alleged seeking a high-level probe for reclaiming of the land from the illegal occupiers.

Nothing Confidential About Property Register Kept In Public Office In Modern Era Of Right To Information & Transparency: Kerala High Court

Live Law: New Delhi: Friday, 28 June 2024.
The Kerala High Court held that a property register maintained in a public office is not confidential or a record of proceedings to be protected from disclosure as per Rule 225 of Criminal Rules of Practice, Kerala 1982.

The petitioner has approached the High Court challenging the dismissal of his application for obtaining a certified copy of a property register in relation to a property produced in a criminal trial in the Court. His application was dismissed stating that it is a register kept in the office of the court and is a confidential non-judicial record as per Rule 225.
Justice Bechu Kurian Thomas opined that the property register is a judicial record, not a non-judicial one since it is important in administering justice, especially in criminal trials. The court said:
“In this modern era of right to information and transparency there can be nothing confidential about a property register maintained in a public office like a court of law. It needs no mention that the property register is one of the key registers to be maintained by a criminal court. In this context, it needs to mention that Form 23 in Appendix II deals with the “Register of Property Produced in Inquiries and Trials”. The register falls under the category of 'Administrative Forms'. Though the property register falls under the category of administrative forms under the Rules, the said category or nomenclature of the form is not determinative of the character of the record as a judicial or non-judicial record. Having regard to the significance a property register holds in the administration of justice, this Court is of the opinion that the property register is a judicial record.”
The petitioner was arrayed as an accused for alleging the commission of offences punishable under Sections 447 (punishment for criminal trespass), 294(b)(obscene acts and songs), 323 (punishment for voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons or means), 308 (attempt to commit culpable homicide) and 34 (common intention) of the IPC. The petitioner's application seeking property register was dismissed by the Magistrate when the case was posted for trial.
Rule 225 reads thus: “Copies of non-judicial and confidential papers- Copies of correspondence or of proceedings which are confidential or are not strictly judicial shall not be granted except under the orders of the Court.”
Analyzing Rule 225, the Court stated that there is a restriction regarding the issuance of certified copies of correspondences or proceedings that are confidential and are not strictly judicial. It further stated that certified copies of any documents could be given pursuant to the orders of the Court.
The Court stated that the Trial Court should not have dismissed his application since the property register was not correspondences or proceedings which are confidential or not strictly judicial. “The property register cannot fall into such a category and the trial court went wrong in refusing to permit grant of a certified copy”, stated the Court.
The High Court stated that the Trial Court should not have denied a certified copy of the property register to the petitioner if he felt that it could help his defence in a criminal trial. The Court thus stated that it is legally improper to deny the certified copy of a document that is retained in a public office.
As such, the Court set aside the order of the Magistrate refusing the certified copy of the property register. The Court thus directed that a certified copy of the property register be issued to the petitioner without delay.

(Click here to download the Order)

Explained | How does the National Testing Agency function?

Deccan Herald: New Delhi: Friday, 28 June 2024.
The National Testing Agency (NTA) is at the centre of controversy over alleged irregularities in competitive exams conducted by it.

The National Testing Agency (NTA) is at the centre of controversy over alleged irregularities in competitive exams conducted by it. Amid the raging row over the recently conducted NEET UG and UGC-NET, the agency saw a change of guards last week and a high-level panel is reviewing its functioning. Here is an explainer on the functioning of the seven-year-old body:
When was NTA set up?
The NTA was set up in 2017 as an autonomous and self-sustained testing organisation under the Education Ministry, then known as the HRD Ministry. It is a registered society under the Societies Registration Act, 1860 and is under the purview of the Right to Information (RTI) Act.
Before the NTA was formed, government bodies, such as the University Grants Commission (UGC), the Central Board of Secondary Education (CBSE), and central universities, such as the Delhi University and Jawaharlal Nehru University (JNU), conducted their own exams.
When was NTA envisioned?
The roots of NTA can be traced back to the Programme of Action 1992 related to the National Education Policy 1986, which recommended the formation of a national-level exam agency.
In 2010, a committee comprising Indian Institutes of Technology (IITs) directors recommended establishing the agency through legislation to ensure its autonomy and transparency. It was modelled after the ETS (Educational Testing Service) body of the US.
The announcement of NTA's establishment came in 2017, with the subsequent cabinet approval. Vineet Joshi was appointed as its first director general, who is currently the Manipur Chief Secretary. His successor Subodh Kumar Singh was removed last week from the post.
Which exams are conducted by NTA?
NTA conducts three top undergraduate admissions entrance exams JEE-Main for Engineering, NEET-UG for medicine and CUET-UG for admissions to several other undergraduate courses. Over 50 lakh candidates appear for these three exams every year.
Besides these, the testing agency conducts CUET-PG for postgraduate admissions, UGC-NET and CSIR UGC-NET.
UGC-NET is a test to determine the eligibility for the award of junior research fellowship, for appointment as Assistant Professor and admission to PhD in Indian universities and colleges.
CSIR UGC-NET is accepted for PhD admissions in Chemical Sciences, Earth, Atmospheric, Ocean and Planetary Sciences, Life Sciences, Mathematical Sciences, and Physical Sciences.
Common Management Admission Test (CMAT), Hotel Management Joint Entrance Examination, Graduate Pharmacy Aptitude Test and entrance tests for Delhi University, Jawaharlal Nehru University, Indian Institute of Foreign Trade (IIFT) and Indian Council of Agricultural Research (ICAR), are among other tests conducted by NTA.
Why NTA is centre of controversy right now?
The NTA came under fire this year after it awarded grace marks to 1,563 candidates in NEET for compensating for loss of time due to delay in starting of examination at seven centres. Pleas were filed in the Supreme Court alleging inflation of marks which led to a record 67 candidates sharing top rank. The grace marks were later withdrawn and a retest was conducted for these candidates.
While the medical entrance exam question paper was allegedly leaked, according to an investigation by the Bihar Police, UGC-NET was cancelled a day after it was conducted following inputs that the integrity of the exam was compromised. The Education Ministry confirmed that the exam paper was leaked on darknet. CSIR UGC-NET was also postponed as a pre-emptive measure.
Previously, NTA was under scanner after a series of glitches in first edition of CUET-UG.
How NTA shortlists centres?
The testing agency identifies test centres for a pen-and-paper public exam from a base list of centres it already has. This list consists of government schools that have been conducting exams on behalf of bodies, such as CBSE and NTA, without reporting any problems or malpractices in the past.
If the base list does not have enough schools, NTA can enlist AICTE-recognised institutes and colleges. Even if a school or higher education institution has successfully conducted exams for NTA in the past, the agency must seek their consent every year. This process takes place on NTA's dashboard, where the base list of all test centres is uploaded, and they must give their consent to hold an exam on NTA's behalf.
What is the agency's current focus?
The agency's current focus is to timely release the results of CUET-UG on which the academic calendar of university depends besides re-conducting UGC-NET and announcing a fresh date for CSIR-UGC NET.
After removal of Subodh Singh as DG, ITPO Chairman Pradeep Singh Kharola has been assigned additional charge of the post.
The Centre's high-level panel will make recommendations on reforms in the mechanism of the examination process, improvement in data security protocols and the structure and functioning of the NTA. The panel will submit its report within two months.

Proposed solution to secrecy in Tasmania's bureaucracy redacted in right-to-information document: By state political reporter Lucy MacDonald

ABC: Tasmania: Thursday, 27 June 2024.
In short: Tasmania's Right to Information Act, similar to other jurisdiction's freedom of information laws, has been criticised as being too slow and the decisions made regarding the release of information being inconsistent or arbitrary.
A Tasmanian government discussion paper from last year looking to find ways to improve the RTI system has been released after an RTI request was made, with much of the document redacted something which one expert describes as being like the plot from a television political satire.
What's next? Labor and the Greens have blasted the redactions to the document as a "joke", with the person who successfully accessed the document applying for an unredacted copy of the discussion paper.

In the ABC television series Utopia, the fictional Nation Building
Authority has to navigate through layers of government bureaucracy.
(ABC)

It's a script that could've been sold to Utopia, as right to information (RTI) expert Rick Snell aptly put it.
Earlier this year the adjunct associate University of Tasmania professor heard about something called the "Right to Information Uplift Project" by the Department of Premier and Cabinet, which was looking at ways to improve the state's often-criticised RTI laws so he endeavoured to find out more.
First off, he sought the minutes from the meetings. That took a lot of persistence and about a six-week wait.
In those minutes he found reference to a discussion paper and put in a RTI request to get hold of it.
When he finally received a copy, all the proposed solutions to fix the state's RTI laws were blacked out.
Dr Snell said the Tasmanian government could "help its budget problems" by selling it as a "ready-to-go script" to Utopia, the Australian television political satire that lampoons bureaucracy.
"No other effort is actually needed to produce a script for Utopia or [UK political satire] Yes Minister on this," he said.
Dr Snell was told the redactions were made because they were internal working documents and it was "not in the public interest to release them because they'd confuse people".
"They said they don't satisfy the public interest test because these recommendations haven't been accepted by the department, the government and had effectively been overtaken by the Commission of Inquiry and Integrity Commission report," he said.
Dr Snell believes the problem is not necessarily the state's RTI laws, but the culture of how they are applied.
"It's a 19th century view about government information management, which is that the information actually belongs to the government of the day," he said.
"It starts from the default that this is the government's information, even the public service's viewpoint, this is ours … and we will determine when and how and if we release any of the information.
"That's despite the wording and intent of the RTI Act and all the kinds of recommendations that are around it."

One section noted the process is "impacted by some officers
who maintain an attitude against disclosing information …
despite the RTI Act requiring that this not be the case".
(Supplied: Department of Premier and Cabinet)

'Some officers maintain attitude against' release of information
It appears to be a view shared by those who authored the discussion paper, which notes the "successful performance of RTI is impacted by some officers who maintain an attitude against disclosing information".
The Right to Information Uplift Project, which surveyed RTI delegates across the Tasmanian state service in order to understand issues and inconsistencies, found some of the main issues affecting performance included:

• Inadequate RTI delegate staffing, despite significant increases in applications made
• Inconsistent processes undertaken between agencies which leads to an inconsistent experience for applicants
• Proactive disclosure not being used as the primary method for releasing information
• A negative public perception of the work undertaken by RTI delegates reduces work morale
• A lack of a formal or consistent process for determining when a person has the requisite skills and knowledge to be delegated powers and functions under the Act
• Limited training provided to new right to information delegates
• The time taken for external reviews to be completed and a lack of mechanisms for agencies to resolve longstanding matters outside of the formal review process
• The difficulty in handling requests for personal information with confusing and contradictory statutory mechanisms

'Culture of secrecy', says Labor
Labor spokesman Josh Willie suggested the decision to redact all the solutions in the report was "some kind of cruel joke on the Tasmanian people".
"A document which outlines improvements to the right to information process is redacted, I think it tells you everything you need to know about this government and the culture of secrecy within this government," he said.
Both the Labor and Greens parties went to the last election with policies to strengthen RTI and transparency laws.
Mr Willie said Labor will continue "to push the government to be more open and transparent with Tasmanians".
"It's ultimately their [Tasmanians'] information," he said.
"They deserve to have that information in the public domain, not have it hidden because it's politically inconvenient."
This sentiment was echoed by Greens deputy leader Vica Bayley, who described the situation as "laughable", saying it "shows what a farce transparency is under the [Jeremy] Rockliff government".
"If an RTI report that is proposing solutions in the RTI space cannot be publicly released without vast sections of black ink that redact the most critical information, it just highlights how broken the system is," Mr Bayley said.
"This is a joke and clearly the government needs to step up and do something urgently."
Government minister Jo Palmer said the RTI system was "completely at arm's length from government, we don't play a role in that process".
"We're having a review of the RTI process and from that, we'll see if there's anything we can do to improve it."
Dr Snell has appealed the redactions.

Mohd Ali Jinnah founded Muslim League? Marks given for wrong answer: RTI

Times of India: Dehradun: Thursday, 27 June 2024.

The State Information Commission (SIC) of Uttarakhand on Tuesday, while adjudicating a petition filed by a Haridwar resident under the Right to Information Act, expressed its displeasure over "the perfunctory approach in assessing the BA (history) examination answer sheets" and demanded a comprehensive elucidation from senior officials of Shri Dev Suman University, Tehri Garhwal. The SIC found that an examiner of the state varsity had awarded marks to BA third year students who "incorrectly identified Mohd Ali Jinnah as the founder of the Muslim League".
Muslim League was founded in 1906. Jinnah, at that time, was part of the Indian National Congress. However, many students erroneously consider Jinnah to be the founder of the Muslim League. Historians say that the "Muslim League was not founded by a single person, but there was an involvement of a group of leaders and scholars".
The SIC, consequently, served a notice to the examination controller and the registrar of the university, seeking their detailed clarification on the matter. The notice stated that under the provisions of section 18 of the RTI Act, they are "instructed to appear in person before the SIC on the next hearing and present a detailed report".
State information commissioner Yogesh Bhatt said: "The evaluation of answer sheets is an extremely sensitive issue. Incorrect evaluation by the examiner and incorrect marking are egregious negligence that jeopardises students' future. Carelessness or deliberate tampering in the evaluation of answer sheets can't be tolerated under any circumstances."
Incidentally, upon meticulously examining the history and political science answer sheets, it was found that many questions were not properly evaluated by the examiner". A thorough comparison with the original answer sheet then confirmed the "irresponsible evaluation". For instance, the answer "Mohd Ali Jinnah" was erroneously marked correct by the examiner for the question: "Who was the founder of the Muslim League?"
The commission, which takes up RTI-related matters, also issued a "compensation notice" to the university for the "irresponsible evaluation of answer sheets and for not responsibly handling requests under the RTI Act", directing the registrar to present an explanation on behalf of the university.
In fact, the SIC issued stern notices to the public information officer of the university for not providing the evaluated answer sheets on time and instructed the examination controller to elucidate the evaluation status.

Fact Check: Yes, you can RTI the National Testing Agency. Viral claim is misleading: Vikas Bhadauria

India Today: New Delhi: Thursday, 27 June 2024.
The NTA, while an autonomous body, does fall under the RTI Act and has a designated CPIO to process RTI queries.

The National Testing Agency (NTA) has been in the eye of the storm amid alleged irregularities in the NEET, the undergraduate medical entrance exam, and the cancellation of the UGC-NET. As students and parents called for the agency’s abolition, the Centre replaced the NTA's Director General Subodh Kumar Singh with Pradeep Singh Kharola.
Amid controversies and calls for reforms, a social media post claimed that the NTA is a private institution and does not fall under the Right to Information (RTI) Act. Senior journalist Pankaj Pachauri shared the NTA’s certificate of incorporation under the Societies Registration Act on X, and wrote, “Shocking to know that the NTA is a private society deciding the future of the students to publicly funded government institutions. Not under RTI = no info. No public oversight = no accountability. That’s why the govt and the ministry can wash their hands off the scam.” Its archive can be seen here.
India Today Fact Check found that the NTA is an autonomous body under the Department of Higher Education of the Ministry of Education of India that comes under the RTI.
Our Probe
Perusing the NTA website, we found its certificate of incorporation under the Registration and MoA tab. The registration certificate states that it was incorporated on May 15, 2018, under the Societies Registration Act, 1860.
The NTA is an independent autonomous body created following Cabinet approval, which also provided a one-time grant of Rs 25 crore. The agency is administered by its general body, and chaired by its chairperson (appointed by the Government of India). The Centre can also issue directions to the NTA regarding its policies, which it’s bound to comply with.
It’s worth noting that autonomous bodies can be either statutory (created by an Act of Parliament) or non-statutory. The former are governed by the provisions of the Act under which they are created. The latter are governed by the Act under which they were incorporated, such as the Societies Registration Act, and Trust Registration Act. However, in both cases, the government exercises control.
Can you send RTI queries to the NTA?
Organisations and bodies need to fulfil certain criteria to be under the purview of the Right to Information Act. According to the act, this includes bodies that are formed by approvals or notifications issued by the government and also substantially financed by it. The NTA fulfils these criteria, making it a public authority for the application of the RTI Act.

While there have been questions about the transparency and accountability of these autonomous bodies in contrast to statutory autonomous bodies, the RTI portal lists the National Testing Agency as one of the several public authorities to seek information under the Act.

The NTA website also hosts the details of the Central Public Information Officer (CPIO) and the First Appellate Authority.

There are several news reports on the responses sought by citizens from the NTA under the RTI Act. Some of these reports can be seen here and here.
The last available report of the number of RTI queries processed by the NTA can be accessed here for Financial Year 2022-2023.
Thus, it is clear that the NTA does fall under the purview of the RTI Act, and the viral post claiming otherwise is misleading.

Kangayam farmers at tail-end of PAP canal course seek details on water theft under RTI Act

The Hindu: Coimbatore: Thursday, 27 June 2024.

Farmers complaining of water shortage in Kangayam-Vellakoil belt at the tail-end of PAP (Parambikulam Aliyar Project) Canal System have sought details from the Water Resources Department about water distribution formula in the distributary canals in the last two seasons.
The details will help furnish information to the Madras High Court on its complaint on water thefts occurring in the main canal upstream.
Information on how many illegal tapping points were traced, details about the violation; and the number of criminal cases filed and power disconnections have been sought on behalf of the farmers by P. Velusamy, president of a Water Users’ Association in Kangayam belt.
Expressing dissatisfaction with the response to his RTI application by the Public Information Officer, Office of Assistant Executive Engineer, WRD, PWD, PAP Extension Sub-Division, Kangayam, Mr. Velusamy has sought the details from the first appellate (Assistant Executive Engineer, WRD, Kangayam).
The RTI application has questions on the loss percentage of water received at zero point of Vellakovil branch canal for the last two zones, wetting wise; the day-wise details of each wetting; the quantum of water realised at the zero point; and water loss particulars day-wise and zone-wise.
Mr. Velusamy said denial of the requested information by the public information officer had caused distress.
“The information is crucial for ongoing cases in the Madras High Court on abnormal water theft along the course of PAP canal,” he said. The information he had sought pertains to basic engineering and be accessible at divisional level.
As per the reply from the first appellate, for some of the questions, the details have been sought from a few other offices of the WRO in the region.

Gram secy fined Rs 25K for not giving info

Tribune India: Haryana: Wednesday, 26 June 2024.

State Information Commission has imposed a fine of Rs 25,000 on the gram secretary of Shahpur Begu for failing to provide information within the stipulated time. Additionally, the fine is to be recovered in two instalments from his salary. Surjeet Singh, district president of the farmers’ wing of the AAP, used the Right to Information Act to expose alleged large-scale corruption related to the maintenance, repair, and cleaning of ponds in Shahpur Begu village.
Complainant Surjeet Singh had requested information under the RTI Act from the then gram secretary, Bhoop Singh, on July 27, 2022. The gram secretary provided a response to this RTI request 10 months later on June 2, 2023. Bhoop Singh cited the 2022 panchayat elections as the reason for the delay in his response to the commission. The commission, however, said a 10-month delay was not justifiable and imposed a fine of Rs 25,000 on Bhoop Singh.
Bhoop Singh is serving as Assistant State Public Information Officer (ASPIO)-cum-gram secretary in Rania block.
According to Surjeet Singh, he requested the gram secretary the location records of the ponds in Shahpur Begu, along with audited payment bills, vouchers, MB (measurement book), inspection and monitoring reports related to the expenses incurred on the maintenance and cleaning of the ponds from the financial year 2018-19 to the date of application.
Due to the large-scale corruption and the department’s failure to provide the requested information, Surjeet Singh filed a complaint with the commission.
Delay under RTI act
The State Information Commission imposed the fine on the gram secretary of Shahpur Begu for a 10-month delay in providing information sought under the RTI Act.

When a Young Father Is Denied Alleged Updated Aadhaar Details of Minor Daughter under RTI: Vinita Deshmukh

Moneylife: Pune: Wednesday, 26 June 2024.

The Right to Information (RTI) Act is not only invoked for civic and social issues; more and more applications are being filed for information related to marital discord. For example, details of income tax returns and property tax of the estranged spouse are common and are often denied and now, a father’s bid to procure the alleged updated Aadhaar details of his little daughter has come a cropper.
Central information commissioner Heeralal Samariya, last fortnight, dismissing the father’s request (whose wife is separated and is living in her parents’ home along with their daughter) for information under section 6 of the RTI Act, ordered that “RTI Act is not the proper law for redressal of grievances/ disputes and there are other appropriate forum (s) for resolving such matters.”
The applicant (name withheld)’s argument that the RTI Act overrules the Aadhar Act of 2016 (amended in 2019) was stonewalled by CIC Samariya. He explained in his order that the RTI applicant argued that under section 22 of the RTI Act, the sunshine law overrides other laws.
CIC Samariya referred to a Supreme Court (SC) decision in the case of Bank of India vs Ketan Prakash, in which the SC noted that if two laws have conflicting provisions and there is no direct contradiction, the provisions of the newer law take precedence. Therefore, the Aadhaar Act of 2016 (amended in 2019), being the newer law, should take priority over the older RTI Act of 2005, he observed.
Earlier, after the CPIO (central public information officer) of the unique identification authority of India (UIDAI), Chandigarh on 4 December 2022 denied the information, the RTI applicant approached the first appellate authority (FAA). The FAA, upholding the PIO’s denial, stated that “The information sought cannot be disclosed as per section 28 (5) of the Aadhaar Act, 2016.”
The appellant was also advised to approach an appropriate forum for redressal of his personal grievances.
During the second appeal hearing on 6 June 2024, CIC Samariya also referred to a similar requisition to the UIDAI regional office of Mumbai which upheld the submission of the CPIO and found the denial of furnishing information justified and apt even under section  8(1)(j) of the RTI Act, 2005.
The CIC observed that “The question regarding disclosure of information of minor child could not be decided solely on the basis of the legal rights of the parties but on the sole criterion of the interest and welfare of the minor and it was also considered in the case as to who had the physical custody of the minor. In the instant case, at the time of replying to the first appeal, it was learnt that there is a court case pending before the appropriate court regarding the custody of the minor child and the mother had the physical custody of the child.”
CIC Samariya also noted in his order that “Such documents carry the address of the resident. Notwithstanding that UIDAI regulation 28 (5) do not permit the sharing of data stored in CIDR: had such information been shared with anyone, it would have also attracted sections 8 (1)(g) and 8 (1) (j) of RTI Act, 2005 as such disclosure would be an invasion of some other resident’s privacy.”
The appellant filed an RTI application with the CPIO, UIDAI, Chandigarh on 4 December 2022, seeking information on several points:

1. Whether the address in his minor daughter xxxxxxx’s Aadhaar no. xxxxxxxxx has been changed and, if so, to provide the new address along with a copy of the Aadhaar.
2. Whether the mobile number linked to his daughter’s Aadhaar has been altered and, if so, to provide the new mobile number now linked with the card.
3. Whether it is possible to change the name of the living father and head of the family in the Aadhaar of a minor/ unmarried daughter, and under what circumstances the name of the living father, who is the natural guardian, can be changed in the minor child's Aadhaar.
4. Who can replace the living father and head of the family in the Aadhaar of a minor unmarried daughter, and what documents are needed to effect changes of address, mobile number, and the head of the family in the minor child's Aadhaar.
5. Who applied for the changes/alterations, what changes/alterations were made in the Aadhaar of his minor daughter, and what documents were submitted with the application for these changes/alterations.
6. Whether it is true that an application for biometrics and changes/ alterations to address, mobile number, and head of family in the Aadhaar of his daughter xxxxxxxx was made on 1 October 2022.
7. Whether it is true that no OTP is sent to the registered mobile or email linked to the Aadhaar of a minor while undertaking the first-time biometrics (when the biometrics were not previously taken because the child was below five years old).
8. Whether it is true that no OTP is sent to the registered mobile or email linked to the Aadhaar of a minor while making changes/alterations to the address, mobile number and head of family in the Aadhaar.
9. Who is the responsible person in UIDAI for making these changes in the Aadhaar, and to provide the name and designation of the authorised person in UIDAI regarding this matter.

Asked for RTI, questioned corruption, then allowed to die: By Dr M Sridhar Acharyulu

Counter Currents: National: Tuesday, 25 June 2024.
It is not disturbing that an RTI applicant not responded under the Right to Information Act, 2005. Then he resorted to force the country to Satya Graha, but he was allowed to die after fast unto death.

Whether a ‘death’ after ‘fast unto death’ can be called a ‘suicide’? If the ‘death’ is connected to corruption and irregularities in Government Officers, can any be punished for ‘abetment to commit suicide’?  Any way it is can be described as murder, though not in fact. Who is responsible to the death of Devki Nandan Sharma, ‘after hunger strike’ for four months.
A 60-year-old Devki Nandan Sharma died after going on a hunger strike for four months against alleged corruption. He was demanding an investigation into the work done during the tenures of four ex-pradhans of the village.
He has already collected proof of documents that show correspondence with different Government Departments from 2012 till he took his last breath. He had 160 page-document. None cared to respond. From the Block Development Officer to the President, has no time to answer, or he might have explained that it was not reached, or not properly posted or somewhere it must have been lost, etc. Nobody can claim that we are in Ram Rajya about his silent death.
Daily from the Lucknow edition of Indian Express reported that Devki Nandan started the hunger strike at a temple, which is part of his house, on February 12. He had a 16-year-old daughter and his wife.
Devki Nandan Sharma was a resident of Shankar Garhi village in the district of Mathura Mant tehsil. Devki Nandan had been on a crusade over the last 13 years against alleged financial irregularities in rural development work in the village, such as the construction of toilets under the Swachh Bharat Mission.
Interestingly, the post-mortem report said the cause of death was a heart attack. Almost every death is explained by all doctors or police officers who claim that the cause is a heart attack.  When the police recorded it, it may not be possible to ascertain the real cause of death.  Why don’t the Government Departments concerned dare to say, that RTI has proven death or say ‘abetted death’ by voluntarily facilitating the end of life?
This is the ‘Swatch Bharath’
He questioned the wrong deeds in works commissioned under ‘Swatch Bharath Kishan’. It was associated with the construction of Toilets, where corrupt officers shared as part of their share.  He used the Right to Information (RTI) Act frequently to get access to different documents. In a country that believes that Satyameva Jayate (only truth wins victory) some media persons, not the police nor doctors, can safely state that RTI is the cause of ‘death’.  This was reported by a chartered engineer in Ghaziabad, Jitendra.
Using RTI to disturbing
There is no wonder, that the Government officers and PIOs under the Right to Information Act, he was threatened for disturbing the officers with frequent RTI questions. People used to describe it that questioners strike with RTI!
His wife Sudha Sharma explained: “All these months during the hunger strike, he was only consuming water or lemon water and smoked bidis. He grew weak and couldn’t speak. But the officials did not care. On June 10, they came to my home and pasted a letter threatening legal action if he did not end the strike”.
A notice a letter to ‘fast unto death’!
The SDM passed on to the temple where he was Fasting about. Devki Nandan Sharma, who passed away in Mathura District, while Fast till Death seeking investigation and action for corruption in his district, on Friday, June 14, 2024.
She said further: “He was very stubborn. He lost everything in fighting for the village all these years. He even sold his five bighas of land for social work. He did not leave anything for me. I do not know how I will survive now with my daughter”.
Sudha supported their husband in running a kirana store in the village part-time.
The son of a UP Irrigation Department engineer, Devki Nandan moved to his village from Mathura city after his father’s death, said: he loved this village and wanted to see its development. Initially, he would get agitated and that led to many disputes.
(Dr M Sridhar Acharyulu, LL.D. MCJ. Former Central Information Commissioner, Professor of Law, Mahindra University, Hyderabad.)

RTI activists uncover illegal land deals worth Rs 250 crore in Bhubaneswar.

The Statesman: Monday, June 24, 2024.

A stretch of 7.5 acres of government land has been sold and resold as many as 27 times.

A massive land scam has come to the fore near AIIMS-Bhubaneswar in the capital city after the Odisha Soochana Adhikar Abhijan (OSSA), a forum of RTI activists, on Sunday alleged illegal conversion of government land at the behest of influential persons including politicians and IPS officers.

A stretch of 7.5 acre of government land has been sold and resold as many as 27 times. The beneficiaries of the proceeds included four IPS officers and powerful people including politicians owing close rapport with the previous BJD Government.

The scale of the land scam is estimated at Rs 250 crore as per the current market price, alleged Srikant Pakal, joint convenor of OSSA.

Despite the land grabbing being detected by the Bhubaneswar Development Authority (BDA) and Bhubaneswar Tehsil in 2021, the concerned authorities have shied away from reclaiming the government land from illegal possession of land grabbers.

The inaction on the part of government agencies in evicting the squatters and initiating action under the Odisha Prevention of Land Acquisition (OPLE) Act is solely due to the power and influence exerted by the land grabbers, Pakal maintained.

The valuable land was illegally leased out in 1978 by then Tehsildar to influential persons who faked being landless. Later, acting on public complaints, the lease was canceled by the then Bhubaneswar Sub Collector 2002.

Thereafter, the land was sold and resold several times on the strength of a forged record of rights. Among the influential persons involved in the dubious land deal included at least four IPS officers with one of them still in service, he alleged seeking a high-level probe for reclaiming of the land from the illegal occupiers.