Dear all,
Warm Greetings!
You all must be aware about how J&K RTI activist Mr Muzaffar Bhat is being victimized and false cases are being levied against him for raising his voice against corruption. Below is a letter that we intend to send to J&K Chief Minister. All those who wish to be signitories of this letter kindly revert at the earliest so that action can be taken against those who are voilating the law.
Regards,
Aswathi Muralidharan
Ph: 9891148748
=================================================================
STOP ATROCITIES AGAINST RTI ACTIVISTS
Dear Sir,
It is a matter of grave concern that Right to Information activists are being victimized and harassed in J & K for raising their voice against corruption. The signatories to this letter are RTI activists from different parts of India. We wish to register our strongest protest against the same.
We are concerned how false cases were slapped against Muzaffar Bhat and his friends and they were arrested on fake charges. Muzaffar has been constantly in touch with you and various senior politicians and officials in the Government of J & K to help the government in proper implementation of RTI. We wonder if this can happen to Muzaffar and his team, how safe would be ordinary RTI activists?
Unfortunately, some of the people who slapped false cases against Muzaffar belong to your party. On one hand your government is credited with legislating a very progressive RTI Act. On the other hand, some of your colleagues bring a bad name to your government by indulging in such activities.
We hope you would take necessary steps to stop such illegal actions and threats to RTI activists. We also request you to kindly issue strong directions to the whole government and also to all your party colleagues to stop brobeating RTI activists. Needless to say that all cases slapped against Muzaffar and his team should be immediately withdrawn.
We would be grateful for your early response and action.
Yours Sincerely,
--
Please think about the environment and do not print this e-mail unless you really need to.
Public Cause Research Foundation
(A Parivartan Initiative)
A-119, Kaushambi
Ghaziabad (U.P.)
Tel/ Fax: +91 120 277 1017
Web: www.pcrf.in
www.righttoinformation.org
Parivatan
G-3/8 Sundar Nagari
Nand Nagari Extension
Delhi 110093
Tel: +91 11 2211 9930
Web: www.parivartan.com
RTI Helpline Number: +91 9718 100 180
For More Info Log on to www.rtigroup.org
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Sunday, March 28, 2010
Sunday, March 21, 2010
RTI Effect: Student of Class III Gets Garbage House Removed
Awakened Children , irresponsible Sleeping Babus of Government offices
……..its Uttar Pradesh , but the efforts must go on n on .............
Student of Class III uses RTI tool to get the garbage house removed
from the vicinity of her school
There are many negative news in the rti arena from across the country
that may dishearten rti-users but as an eternal truth , the life
begins from where it ended. At least the effort of 8 years’ girl
student of city Montessori school of Lucknow proves this.
Aishwarya is a student of Rajajipuram branch of this school . There is
a garbage house by the opposite side of the main gate of the school .
Months back , when swine flu panic gripped the country , the
schoolchildren of her school were asked to wear masks in the school.
Aishwarya also used the mask but a question was always there in her
mind as to why the Garbage- house was there at a distance of few yards
from the school when there was so much panic in the country. The
frequent movements of stray dogs , pigs and other animals into and out
of the garbage house was posing serious health threats to the students
. Moved by this , on 26 – 10 – 2009 she wrote a letter to the Chief
Minister of Uttar Pradesh . In this letter she requested the C.M. to
get the garbage house removed from the vicinity of the school n shift
it elsewhere. the letter is available at given link
http://file1.hpage.com/000223/57/bilder/aish_letter_to_cm.jpg
Aishwarya waited each day in the hope that the garbage-house would be
removed but nothing happened. As an eternal course of action of most
of the Government offices of U. P. , the speed post letter of
Aishwarya got lost in the wilderness of the other world of the
babudom of the Chief Minister Office.On 30-11-2009 , she filed an RTI
and asked for three point information. this rti letter is available at
given link
http://file1.hpage.com/000223/57/bilder/aish_rti_gh_sec6.jpg
The Reply sent by PIO of the Chief Minister puts a question mark on
the system that is governing us today . The PIO refused receipt of the
letter dated 26-10-2009 and transferred the RTI letter dated
30-11-2009 to the Commissioner of Lucknow Municipal Corporation . this
letter is available at given link
http://file1.hpage.com/000223/57/bilder/aish_rti_gh_cmo_reply.jpg
Had the RTI Act 2005 not been there , Aishwarya might have never been
able to know the fate of her letter.
The RTI reply by the Zonal health officer is not related to the point
2 and 3 of rti query of Aishwarya and shows his irresponsible
behavior.the letter is available at given link
http://file1.hpage.com/000223/57/bilder/aish_rti_gh_reply1.jpg
Though not fully satisfied , Aishwarya is sure not only to get the
information but to find her lost letter also. She has filed appeal to
the appellate authority , filed the rti to the PIO of the Chief
Minister to tell her the name of the person responsible for this
mishap and has written to the chief minister Km. Mayawati to initiate
enquiry to fix the responsibility of her lost letter.
As RTI Act is there to provide for setting out the practical regime of
right to information for citizens to secure access to information
under the control of public authorities, in order to promote
transparency and accountability in the working of every public
authority , So is Aishwarya to play her role of securing access to
information under the control of some public authorities, in order to
promote transparency and accountability in the working of them , but
these public authorities are not ready to play their role.
May more n more aishwaryas come forward to raise local issues and
fight them till they succeed to have true democracy in INDIA.
As democracy requires an informed citizenry so I think it would be
more appropriate to make RTI act a compulsory part of course
curriculum at primary level because this is the best solution to have
more n more Aishwaryas in the system and more n more corrupts out of
the system.
When a 8 year old Student of Class III can pursue for it , why can’t you ?
--
Posted on rti4empowerment by:
Urvashi Sharma
F-2376 , Rajajipuram , Lucknow
pin - 226017 , Uttar Pradesh INDIA
contact - 9369613513
……..its Uttar Pradesh , but the efforts must go on n on .............
Student of Class III uses RTI tool to get the garbage house removed
from the vicinity of her school
There are many negative news in the rti arena from across the country
that may dishearten rti-users but as an eternal truth , the life
begins from where it ended. At least the effort of 8 years’ girl
student of city Montessori school of Lucknow proves this.
Aishwarya is a student of Rajajipuram branch of this school . There is
a garbage house by the opposite side of the main gate of the school .
Months back , when swine flu panic gripped the country , the
schoolchildren of her school were asked to wear masks in the school.
Aishwarya also used the mask but a question was always there in her
mind as to why the Garbage- house was there at a distance of few yards
from the school when there was so much panic in the country. The
frequent movements of stray dogs , pigs and other animals into and out
of the garbage house was posing serious health threats to the students
. Moved by this , on 26 – 10 – 2009 she wrote a letter to the Chief
Minister of Uttar Pradesh . In this letter she requested the C.M. to
get the garbage house removed from the vicinity of the school n shift
it elsewhere. the letter is available at given link
http://file1.hpage.com/000223/57/bilder/aish_letter_to_cm.jpg
Aishwarya waited each day in the hope that the garbage-house would be
removed but nothing happened. As an eternal course of action of most
of the Government offices of U. P. , the speed post letter of
Aishwarya got lost in the wilderness of the other world of the
babudom of the Chief Minister Office.On 30-11-2009 , she filed an RTI
and asked for three point information. this rti letter is available at
given link
http://file1.hpage.com/000223/57/bilder/aish_rti_gh_sec6.jpg
The Reply sent by PIO of the Chief Minister puts a question mark on
the system that is governing us today . The PIO refused receipt of the
letter dated 26-10-2009 and transferred the RTI letter dated
30-11-2009 to the Commissioner of Lucknow Municipal Corporation . this
letter is available at given link
http://file1.hpage.com/000223/57/bilder/aish_rti_gh_cmo_reply.jpg
Had the RTI Act 2005 not been there , Aishwarya might have never been
able to know the fate of her letter.
The RTI reply by the Zonal health officer is not related to the point
2 and 3 of rti query of Aishwarya and shows his irresponsible
behavior.the letter is available at given link
http://file1.hpage.com/000223/57/bilder/aish_rti_gh_reply1.jpg
Though not fully satisfied , Aishwarya is sure not only to get the
information but to find her lost letter also. She has filed appeal to
the appellate authority , filed the rti to the PIO of the Chief
Minister to tell her the name of the person responsible for this
mishap and has written to the chief minister Km. Mayawati to initiate
enquiry to fix the responsibility of her lost letter.
As RTI Act is there to provide for setting out the practical regime of
right to information for citizens to secure access to information
under the control of public authorities, in order to promote
transparency and accountability in the working of every public
authority , So is Aishwarya to play her role of securing access to
information under the control of some public authorities, in order to
promote transparency and accountability in the working of them , but
these public authorities are not ready to play their role.
May more n more aishwaryas come forward to raise local issues and
fight them till they succeed to have true democracy in INDIA.
As democracy requires an informed citizenry so I think it would be
more appropriate to make RTI act a compulsory part of course
curriculum at primary level because this is the best solution to have
more n more Aishwaryas in the system and more n more corrupts out of
the system.
When a 8 year old Student of Class III can pursue for it , why can’t you ?
--
Posted on rti4empowerment by:
Urvashi Sharma
F-2376 , Rajajipuram , Lucknow
pin - 226017 , Uttar Pradesh INDIA
contact - 9369613513
Thursday, March 18, 2010
Ten Attacks on Activists in 2010 already … and a Wild Idea to fight back
# 1. Most recent: Murderous attack on Environmentalists Sumaira Abdulali & Naseer Jalal, and TOI Journalists. Maharashtra, March 16.
On March 16, the sand-mining mafia which is choking Bankot Creek – a rich mangrove habitat for migratory birds, crocodiles and marine life in Maharashtra’s Raigad district -- attacked environmental activists Sumaira Abdulali and Naseer Jalal, and a team of journalists from The Times of India, when they visited the creek on Tuesday afternoon to report on the rampant illegal activities.
After a 10 km high-speed chase on a twisting ghat road, Sumaira’s vehicle was rammed by an LCV as it entered the highway, and immediately surrounded by three other vehicles. In the presence of a traffic cop, 15 to 20 people smashed the vehicle’s rear window, the side mirror and side window. They then tried to snatch the camera from the TOI photographer but failed. The mob threatened to kill local activist Jalal who was in the vehicle and asked Abdulali not to visit the area again… or else.
Cops reached the spot after being phoned by the TOI office, but the attackers continued to threaten and abuse the team of journalists and environmentalists; they had spent Rs 28 crore “buying the creek’’ and nobody could stop sand-dredging there, the mob said.
Cops then escorted the team to the Mahad police station, four kilometres away, where police officials filed an FIR and booked the accused for attempt to murder, criminal intimidation and rioting. The Mahad police registered a case of attempt to murder, criminal intimidation and rioting. Shockingly, they did not arrest the accused who were present at the police station from 3 pm to 9 pm. One of the accused, present in the mob, was the local MLA’s son. At 9 pm, Sumaira and her colleagues were hurriedly ushered out of the police station as the MLA came in. The accused are now said to be “absconding”.
# 2. Police raid on the house of Journalist Dandapani Mohapatra. Orissa, March 11.
On 11th March, while Mr Mohapatra was away in some meeting, violating all procedures, the police raided his house for nearly six hours ransacking all his belongings and not even allowing his ailing wife and children to take their food. The police had not given a copy of any search warrant to his family members, nor stated any reason for the raid. As per Mr Mohapatra the police took away a number of old journals such as Ghadaghadi, Inquilab and Marga O Chinta – none of which is proscribed by the government – without giving a seizure list, which is mandatory. Strangely, the police took the signatures of Mr Mohaptra’s son and that of the local Sarpanch on a number of plain sheets of paper. After raiding the house, the SDPO Chhatrapur threatened him on the same day in the evening asking him to come to the Police station by 15th of March or face the dire consequences. No criminal case is said to be pending against him under any allegation.
It is believed that the intention of the police in raiding the house of Mr Mohapatra was to terrorize him and suppress his dissent, which he has been expressing through his writings continuously for many years. He is the General Secretary of Dakhshina Odisha Sahitya Sammelani, a literary organization. He was publishing a satirical magazine called Ghadaghadi between 1984 to 1990. Currently, he has been writing for a weekly tabloid called ‘Sahanamela’.
The police seem to have told the media that the raid was undertaken due to suspected Maoist links.
#3: FIR on Journalist Dr E Rati Rao. Karnataka, March 5.
Dr E Rati Rao, Vice-President of PUCL-Karnataka and Vice President of the All India Progressive Women’s Association (AIPWA), a senior scientist and activist with many decades of standing in the women's movement, the civil liberties movement, and campaigns against communal violence and caste atrocities, has been charged with sedition by the Karnataka police. The FIR against her implies that in Karnataka, defending secularism, opposing atrocities against dalits and minorities or fake encounters, and organising marginalised communities for struggle amounts to 'sedition.'
Dr. Rati Rao was Editor of an in-house PUCL-Karnataka Kannada language bulletin (called PUCL Varthapatra)– and it is this bulletin (last published in 2007) that is the supposed basis for the charges of ‘sedition’. The FIR against Dr. Rati Rao accuses her of publishing the PUCL bulletin that is “favoring naxals and Muslims and is propagating that the police are killing innocent people in the name of encounter”; that “calls upon dalits, women, minorities, farmers and adivasis to build organizations in order to fight for their rights”; that “accuses the Sangh Parivar in Karavali (coastal Karnataka) of indulging in false propaganda and fueling communal disharmony” and “calls upon the secular forces to raise their voice against such spread of communal hate”; and “by raising such issues incite and spread intolerance, disbelief, discontent amongst the public”; that “in the name of doing good to the dalits, women, minorities, & adivasis the said bulletin is spreading false information against the casteist & communal Government…It is propagating intolerance, disbelief, and discontent amongst the Government officials.” The sections under which Dr. Rati Rao has been booked are Section 124 A (Sedition), Section 505 (False statement, rumour, etc., circulated with intent to cause mutiny or cause communal discord) and sections of the Press Act that relate to knowingly spreading false information.
The PUCL Bulletin in question had discussed the attacks on the Christian community in Karnataka and had indicted the Government for failing to do enough to protect the minority community.
# 4: Murderous mob attack on Muzaffar Bhat & eight others, followed by FIR & arrest. Jammu & Kashmir, February 27
Dr Muzaffar Bhat, Convener of J&K Right to Information Movement and 8 other colleagues who had organized an RTI awareness programme in Branwar had all the tyres of their vehicle punctured during their overnight stay in that town. After they had their tyres repaired in nearby Chadoora market, they were murderously assaulted by a mob of 20 persons, and rescued in the nick of time by CRP and police personnel.
However, when the activists complained to the police, the police booked them instead, based on motivated charges leveled by Rashida Begum w/o Chaudhury Saifuddin of Branwar, who is also Halqa President and affiliated with the National Conference in the area. The activists were booked for rioting and house trespass, assault and theft (stealing gold ornaments) in FIR No. 42 of 2010 registered at Chadoora Police Station. Five activists were arrested and detained in custody over the weekend, namely Mushtaque Ahmed Mir, Abdul Rehman Bhat, Bashir Ahmed Lone, Nazir Ahmed Ganai and Mohammed Sadiq. Muzaffar, Dr. Sheikh Ghulam Rasool, Latif Ahmed and Ashik Ahmed applied for anticipatory bail. Thus, victims of the attack are being further victimized by the police, while those guilty of the attack are at large.
Detailed story: http://blog.jkrtimovement.org/?p=1732
Contact: muzaffar@jkrtimovement.org , 94195.62190
#5: Murder of Shashidhar Mishra. Bihar, February 14
On Feb. 14 in Bihar, well-known RTI activist Shashidhar Mishra was shot dead by unidentified gunmen on motorcycles at the entrance of his home. He had been working to expose local welfare schemes.
# 6. Murder of Vishram Laxman Dodiya. Gujarat, February 11.
Vishram Laxman Dodiya of Ahmedabad had filed an application under RTI to get details about the illegal electricity connection by Torrent Power. He could not get any information. On February 11, 2010 he was found murdered, shortly after meeting with the company officials. Three people were arrested in the case. His son is yet to receive the information under RTI.
Contact: Harinesh Pandya, Mahiti Adhikar Gujarat Pahel (MAGP) magpgujarat@gmail.com 079-26821553/0719
#7: Murderous assault on Ajay Kumar & colleague, followed by false FIR. New Delhi, January 12.
When Ajay Kumar asked New Delhi authorities later in 2009 why Municipal councillor Satbir Sharma had authorized the construction of private houses and shops on public land, he didn't imagine the question would land him in the hospital with a fractured nose.
Mr Kumar was stonewalled by the public information officer at the Municipal Corporation of Delhi, so he appealed to the Central Information Commission, which directed the MCD together with the police to jointly inspect the property. However, only two persons were allowed to come and inspect. Accordingly, Mr Kumar, who is General Secretary of an NGO, Public Grievance and Welfare Society, Kishan Ganj, went with his colleague Manmohan Gupta on January 12… only to find themselves surrounded by a mob.
"Neither the police nor the MCD officials helped us," says Mr Kumar, who was beaten in the head repeatedly by an iron rod, leaving him unconscious and bleeding profusely. Society president Surinder Puri said, “The police registered an FIR on January 18, after we took up the matter with the Chief Metropolitan Magistrate. But to our horror, we found that on January 12, they had filed a false FIR against us in connection with a weapon – a loaded katta (countrymade gun) supposedly found in our car.”
#8: Priyanka Borpujari & other Mumbai journalists assaulted, followed by FIR. Chhatisgarh, January 6
Priyanka Borpujari, a journalist from Mumbai, and her colleagues, were physically assaulted by locals and by police in Dantewada, Chattisgarh. Her camera was forcibly snatched away, they were detained overnight and a motivated FIR was lodged against them with charges of dacoity etc. More details at http://priyanka-borpujari.blogspot.com/2010/01/from-detention-drama-to-dacoit.html
For details, contact: Priyanka Borpujari aa.priyanka@gmail.com 9820741992
#9: Murder of Satish Shetty. Maharashtra, January 13
Social activist Satish Shetty (39), who had blown the whistle on a series of land scams in and around Talegaon, Lonavala and Pimpri-Chinchwad near here, was brutally murdered near his residence at Talegaon-Dabhade. Shetty was on his morning walk around 7am when he was attacked with swords and sharp weapons. An anti-corruption crusader for the last 15 years, Shetty had used the RTI Act to expose the irregularities in government offices. He had exposed many land scams in and around Talegaon, besides the setting up of restaurants and marriage halls in residential zones, selling in the black market of kerosene meant for distribution through ration shops, etc. Shetty’s murder is a major embarrassment for the police as he had demanded police protection after having received threats to his life.
For details, contact: Sandeep Shetty 99603 86681 or Vijay Kumbhar 99232 99199
#10: Firing outside Nayana Kathpalia’s house. Mumbai, January 8.
Two assailants barged into the Swastik building opposite Oval Maidan in Churchgate at 6.45am and fired a round with a country-made revolver outside Nayana Kathpalia’s first-floor residence. The 65-year-old co-convenor of the NGO Citispace, who has been fighting for open spaces in the city, escaped unhurt. “The two men entered the building to kill Kathpalia. In the absence of a watchman, one stood near the gate while the other went to her house and opened fire after Kathpalia’s domestic help Soma China, 28, opened the grilled security door. The panicked assailant fled immediately,” said an officer from the Marine Drive police station. “While an additional bullet was found outside the house, the gun lay abandoned under a tree outside the building. The police have registered a case under section 307 of the IPC and under various sections of the Indian Arms Act.”
The officer said that the dog squad, deployed after the incident, led the police to a restaurant next to the sessions court opposite the Maidan.
The NGO has been targeted for its relentless protests against Slum Rehabilitation Authority (SRA) scheme being implemented on open spaces and their opposition to hawkers.
THE NUMBERS WILL CONTINUE TO MOUNT. WHAT ARE WE GOING TO DO ABOUT THIS? Are we going to be content with signing online petitions? Or are we capable of ramping up our actions? Please remember, by doing so, we will not be acting altruistically, we will be acting in enlightened self-interest.
Let us go beyond just signing online petitions, sending letters of support and holding meetings. Let us organize at least a one-day protest this Sunday in support of all such people, who have been under attack from both anti-social elements and the police / administration.
What kind of protest? Let us think hatke. Also, think nationwide.
Here is one idea: On Sunday, for 24 hours (say 8 am to 8 am), we walk up and down the streets of our own cities wearing black clothes, handcuffs and mouth-coverings of the sort that Jain monks wear. We carry placards that says, "Citizens who seek Truth are under attack by goons and police in all states of India."
Wherever we feel tired, we sit down and rest -- even if it is on a footpath. If the police asks us to move, we move. In the evening, we ask aam janta / supporters to give us candles, which we light at various places -- walls, street corners, gates etc. and we go around all night till 8 am.
And we distribute pamphlets, give people copies of letters to the Chief Ministers of these states, along with postage stamps and envelopes (for which we charge money to meet costs). we ask people to sign, seal and post these letters. Alternatively, we can post them. Hopefully, we can get such letters signed and sent in the hundreds.
Can we all do this in various cities, this Sunday, next Sunday... and maybe the next? In this way, we can try to build public opinion and media glare on the entire issue of oppression of RTI activists.
Please let us discuss. Please call me and/or reply by email.
Warm Regards,
Krish
98215 88114
On March 16, the sand-mining mafia which is choking Bankot Creek – a rich mangrove habitat for migratory birds, crocodiles and marine life in Maharashtra’s Raigad district -- attacked environmental activists Sumaira Abdulali and Naseer Jalal, and a team of journalists from The Times of India, when they visited the creek on Tuesday afternoon to report on the rampant illegal activities.
After a 10 km high-speed chase on a twisting ghat road, Sumaira’s vehicle was rammed by an LCV as it entered the highway, and immediately surrounded by three other vehicles. In the presence of a traffic cop, 15 to 20 people smashed the vehicle’s rear window, the side mirror and side window. They then tried to snatch the camera from the TOI photographer but failed. The mob threatened to kill local activist Jalal who was in the vehicle and asked Abdulali not to visit the area again… or else.
Cops reached the spot after being phoned by the TOI office, but the attackers continued to threaten and abuse the team of journalists and environmentalists; they had spent Rs 28 crore “buying the creek’’ and nobody could stop sand-dredging there, the mob said.
Cops then escorted the team to the Mahad police station, four kilometres away, where police officials filed an FIR and booked the accused for attempt to murder, criminal intimidation and rioting. The Mahad police registered a case of attempt to murder, criminal intimidation and rioting. Shockingly, they did not arrest the accused who were present at the police station from 3 pm to 9 pm. One of the accused, present in the mob, was the local MLA’s son. At 9 pm, Sumaira and her colleagues were hurriedly ushered out of the police station as the MLA came in. The accused are now said to be “absconding”.
# 2. Police raid on the house of Journalist Dandapani Mohapatra. Orissa, March 11.
On 11th March, while Mr Mohapatra was away in some meeting, violating all procedures, the police raided his house for nearly six hours ransacking all his belongings and not even allowing his ailing wife and children to take their food. The police had not given a copy of any search warrant to his family members, nor stated any reason for the raid. As per Mr Mohapatra the police took away a number of old journals such as Ghadaghadi, Inquilab and Marga O Chinta – none of which is proscribed by the government – without giving a seizure list, which is mandatory. Strangely, the police took the signatures of Mr Mohaptra’s son and that of the local Sarpanch on a number of plain sheets of paper. After raiding the house, the SDPO Chhatrapur threatened him on the same day in the evening asking him to come to the Police station by 15th of March or face the dire consequences. No criminal case is said to be pending against him under any allegation.
It is believed that the intention of the police in raiding the house of Mr Mohapatra was to terrorize him and suppress his dissent, which he has been expressing through his writings continuously for many years. He is the General Secretary of Dakhshina Odisha Sahitya Sammelani, a literary organization. He was publishing a satirical magazine called Ghadaghadi between 1984 to 1990. Currently, he has been writing for a weekly tabloid called ‘Sahanamela’.
The police seem to have told the media that the raid was undertaken due to suspected Maoist links.
#3: FIR on Journalist Dr E Rati Rao. Karnataka, March 5.
Dr E Rati Rao, Vice-President of PUCL-Karnataka and Vice President of the All India Progressive Women’s Association (AIPWA), a senior scientist and activist with many decades of standing in the women's movement, the civil liberties movement, and campaigns against communal violence and caste atrocities, has been charged with sedition by the Karnataka police. The FIR against her implies that in Karnataka, defending secularism, opposing atrocities against dalits and minorities or fake encounters, and organising marginalised communities for struggle amounts to 'sedition.'
Dr. Rati Rao was Editor of an in-house PUCL-Karnataka Kannada language bulletin (called PUCL Varthapatra)– and it is this bulletin (last published in 2007) that is the supposed basis for the charges of ‘sedition’. The FIR against Dr. Rati Rao accuses her of publishing the PUCL bulletin that is “favoring naxals and Muslims and is propagating that the police are killing innocent people in the name of encounter”; that “calls upon dalits, women, minorities, farmers and adivasis to build organizations in order to fight for their rights”; that “accuses the Sangh Parivar in Karavali (coastal Karnataka) of indulging in false propaganda and fueling communal disharmony” and “calls upon the secular forces to raise their voice against such spread of communal hate”; and “by raising such issues incite and spread intolerance, disbelief, discontent amongst the public”; that “in the name of doing good to the dalits, women, minorities, & adivasis the said bulletin is spreading false information against the casteist & communal Government…It is propagating intolerance, disbelief, and discontent amongst the Government officials.” The sections under which Dr. Rati Rao has been booked are Section 124 A (Sedition), Section 505 (False statement, rumour, etc., circulated with intent to cause mutiny or cause communal discord) and sections of the Press Act that relate to knowingly spreading false information.
The PUCL Bulletin in question had discussed the attacks on the Christian community in Karnataka and had indicted the Government for failing to do enough to protect the minority community.
# 4: Murderous mob attack on Muzaffar Bhat & eight others, followed by FIR & arrest. Jammu & Kashmir, February 27
Dr Muzaffar Bhat, Convener of J&K Right to Information Movement and 8 other colleagues who had organized an RTI awareness programme in Branwar had all the tyres of their vehicle punctured during their overnight stay in that town. After they had their tyres repaired in nearby Chadoora market, they were murderously assaulted by a mob of 20 persons, and rescued in the nick of time by CRP and police personnel.
However, when the activists complained to the police, the police booked them instead, based on motivated charges leveled by Rashida Begum w/o Chaudhury Saifuddin of Branwar, who is also Halqa President and affiliated with the National Conference in the area. The activists were booked for rioting and house trespass, assault and theft (stealing gold ornaments) in FIR No. 42 of 2010 registered at Chadoora Police Station. Five activists were arrested and detained in custody over the weekend, namely Mushtaque Ahmed Mir, Abdul Rehman Bhat, Bashir Ahmed Lone, Nazir Ahmed Ganai and Mohammed Sadiq. Muzaffar, Dr. Sheikh Ghulam Rasool, Latif Ahmed and Ashik Ahmed applied for anticipatory bail. Thus, victims of the attack are being further victimized by the police, while those guilty of the attack are at large.
Detailed story: http://blog.jkrtimovement.org/?p=1732
Contact: muzaffar@jkrtimovement.org , 94195.62190
#5: Murder of Shashidhar Mishra. Bihar, February 14
On Feb. 14 in Bihar, well-known RTI activist Shashidhar Mishra was shot dead by unidentified gunmen on motorcycles at the entrance of his home. He had been working to expose local welfare schemes.
# 6. Murder of Vishram Laxman Dodiya. Gujarat, February 11.
Vishram Laxman Dodiya of Ahmedabad had filed an application under RTI to get details about the illegal electricity connection by Torrent Power. He could not get any information. On February 11, 2010 he was found murdered, shortly after meeting with the company officials. Three people were arrested in the case. His son is yet to receive the information under RTI.
Contact: Harinesh Pandya, Mahiti Adhikar Gujarat Pahel (MAGP) magpgujarat@gmail.com 079-26821553/0719
#7: Murderous assault on Ajay Kumar & colleague, followed by false FIR. New Delhi, January 12.
When Ajay Kumar asked New Delhi authorities later in 2009 why Municipal councillor Satbir Sharma had authorized the construction of private houses and shops on public land, he didn't imagine the question would land him in the hospital with a fractured nose.
Mr Kumar was stonewalled by the public information officer at the Municipal Corporation of Delhi, so he appealed to the Central Information Commission, which directed the MCD together with the police to jointly inspect the property. However, only two persons were allowed to come and inspect. Accordingly, Mr Kumar, who is General Secretary of an NGO, Public Grievance and Welfare Society, Kishan Ganj, went with his colleague Manmohan Gupta on January 12… only to find themselves surrounded by a mob.
"Neither the police nor the MCD officials helped us," says Mr Kumar, who was beaten in the head repeatedly by an iron rod, leaving him unconscious and bleeding profusely. Society president Surinder Puri said, “The police registered an FIR on January 18, after we took up the matter with the Chief Metropolitan Magistrate. But to our horror, we found that on January 12, they had filed a false FIR against us in connection with a weapon – a loaded katta (countrymade gun) supposedly found in our car.”
#8: Priyanka Borpujari & other Mumbai journalists assaulted, followed by FIR. Chhatisgarh, January 6
Priyanka Borpujari, a journalist from Mumbai, and her colleagues, were physically assaulted by locals and by police in Dantewada, Chattisgarh. Her camera was forcibly snatched away, they were detained overnight and a motivated FIR was lodged against them with charges of dacoity etc. More details at http://priyanka-borpujari.blogspot.com/2010/01/from-detention-drama-to-dacoit.html
For details, contact: Priyanka Borpujari aa.priyanka@gmail.com 9820741992
#9: Murder of Satish Shetty. Maharashtra, January 13
Social activist Satish Shetty (39), who had blown the whistle on a series of land scams in and around Talegaon, Lonavala and Pimpri-Chinchwad near here, was brutally murdered near his residence at Talegaon-Dabhade. Shetty was on his morning walk around 7am when he was attacked with swords and sharp weapons. An anti-corruption crusader for the last 15 years, Shetty had used the RTI Act to expose the irregularities in government offices. He had exposed many land scams in and around Talegaon, besides the setting up of restaurants and marriage halls in residential zones, selling in the black market of kerosene meant for distribution through ration shops, etc. Shetty’s murder is a major embarrassment for the police as he had demanded police protection after having received threats to his life.
For details, contact: Sandeep Shetty 99603 86681 or Vijay Kumbhar 99232 99199
#10: Firing outside Nayana Kathpalia’s house. Mumbai, January 8.
Two assailants barged into the Swastik building opposite Oval Maidan in Churchgate at 6.45am and fired a round with a country-made revolver outside Nayana Kathpalia’s first-floor residence. The 65-year-old co-convenor of the NGO Citispace, who has been fighting for open spaces in the city, escaped unhurt. “The two men entered the building to kill Kathpalia. In the absence of a watchman, one stood near the gate while the other went to her house and opened fire after Kathpalia’s domestic help Soma China, 28, opened the grilled security door. The panicked assailant fled immediately,” said an officer from the Marine Drive police station. “While an additional bullet was found outside the house, the gun lay abandoned under a tree outside the building. The police have registered a case under section 307 of the IPC and under various sections of the Indian Arms Act.”
The officer said that the dog squad, deployed after the incident, led the police to a restaurant next to the sessions court opposite the Maidan.
The NGO has been targeted for its relentless protests against Slum Rehabilitation Authority (SRA) scheme being implemented on open spaces and their opposition to hawkers.
THE NUMBERS WILL CONTINUE TO MOUNT. WHAT ARE WE GOING TO DO ABOUT THIS? Are we going to be content with signing online petitions? Or are we capable of ramping up our actions? Please remember, by doing so, we will not be acting altruistically, we will be acting in enlightened self-interest.
Let us go beyond just signing online petitions, sending letters of support and holding meetings. Let us organize at least a one-day protest this Sunday in support of all such people, who have been under attack from both anti-social elements and the police / administration.
What kind of protest? Let us think hatke. Also, think nationwide.
Here is one idea: On Sunday, for 24 hours (say 8 am to 8 am), we walk up and down the streets of our own cities wearing black clothes, handcuffs and mouth-coverings of the sort that Jain monks wear. We carry placards that says, "Citizens who seek Truth are under attack by goons and police in all states of India."
Wherever we feel tired, we sit down and rest -- even if it is on a footpath. If the police asks us to move, we move. In the evening, we ask aam janta / supporters to give us candles, which we light at various places -- walls, street corners, gates etc. and we go around all night till 8 am.
And we distribute pamphlets, give people copies of letters to the Chief Ministers of these states, along with postage stamps and envelopes (for which we charge money to meet costs). we ask people to sign, seal and post these letters. Alternatively, we can post them. Hopefully, we can get such letters signed and sent in the hundreds.
Can we all do this in various cities, this Sunday, next Sunday... and maybe the next? In this way, we can try to build public opinion and media glare on the entire issue of oppression of RTI activists.
Please let us discuss. Please call me and/or reply by email.
Warm Regards,
Krish
98215 88114
Sunday, March 7, 2010
Complaint filed over Appointment of Information Commissioner Omita Paul with CEC
Mumbai, March 7: Armed with documentary evidence received in several installments from DoPT, Mumbai RTI Activist Girish Mittal filed a formal complaint with Chief Central Election Commissioner Navin Kumar for breach of Model Code of Conduct during the Lok Sabha Elections held in 2009. The complaint, which was dispatched on Friday along with supporting documents, alleges that Prime Minister Manmohan Singh, former Union Law Minister H R Bhardwaj, Minister of State Prithviraj Chauhan and many others knowingly carried out the entire process of proposing, selecting, appointing and swearing-in Ms Omita Paul as Information Commissioner at the time when the Code of Conduct was in force.
And it wasn’t only the politicians. “Many highly placed officials belonging to PMO, DoPT, Law Ministry and Rashtrapati Bhavan facilitated the above wrongdoing on an ongoing basis during the period of the Code of Conduct,” alleges Mittal.
Magsaysay-award winner Arvind Kejriwal inspected the files at DoPT on 25th January 2010 and unearthed many documents that were denied to Mittal. The complaint to the election commissioner is based on both these sets of RTI documents, meticulously collected over a 6-month period.
PRESS KIT:
Full text of complaint letter: http://www.box.net/shared/13lfm7il7h
Supporting documents sent (with added footnotes): http://www.box.net/shared/nt0n6p0vif
Girish Mittal’s mobile: 9323462428 Email: mittalgirish @ gmail.com
Warm Regards,
Krish
98215 88114
And it wasn’t only the politicians. “Many highly placed officials belonging to PMO, DoPT, Law Ministry and Rashtrapati Bhavan facilitated the above wrongdoing on an ongoing basis during the period of the Code of Conduct,” alleges Mittal.
Magsaysay-award winner Arvind Kejriwal inspected the files at DoPT on 25th January 2010 and unearthed many documents that were denied to Mittal. The complaint to the election commissioner is based on both these sets of RTI documents, meticulously collected over a 6-month period.
PRESS KIT:
Full text of complaint letter: http://www.box.net/shared/13lfm7il7h
Supporting documents sent (with added footnotes): http://www.box.net/shared/nt0n6p0vif
Girish Mittal’s mobile: 9323462428 Email: mittalgirish @ gmail.com
Warm Regards,
Krish
98215 88114
Don’t Amend the RTI Act, Implement it
Mr Citizen, tell the Prime Minister, who is contemplating amending the Right to Information Act, that you disagree with him. (Reference http://www.ndtv.com/news/india/pm-sonia-divided-over-rti-act-17213.php ). It is good that UPA Chairman Sonia Gandhi has already voiced her opposition, but don’t take comfort in that. You and I must also tell PM and his colleagues: “Don’t Amend the RTI Act, Implement it”.
G R Vora’s prompt response this morning fired me up. He promptly dashed off a Phonogram to five top decision-makers in New Delhi, namely:
1. Dr Manmohan Singh, Prime Minister, North Block, New Delhi - 1.
2. Veerappa Moily, Law Minister, North Block, New Delhi - 1.
3. Prithviraj Chauhan, MOS for DoPT, North Block, New Delhi - 1.
4. Sonia Gandhi, 10 Jan Path, New Delhi - 1
5. Rahul Gandhi, 10 Jan Path, New Delhi - 1.
Following GRV’s example, I dialed 1585 from my MTNL landline and sent a phonogram to these five with a common message:
"We thank Mrs Sonia Gandhi for taking a strong pro-people stand. Implement the RTI Act and do not amend it. Chief Justice of India must be as transparent and accountable as other public authorities."
My token no. is PJ 31 and bill amount is Rs 119.80.
While sending phonogram, remember:
a) Specify “Same-message plus four-copies” before dictating the addresses
b) Ask for your token no. and bill amount which will be included in your phone bill.
c) Specifically ask for copy of phonogram to be sent to you by post.
Please speak up by using phonogram, telegram, post and other means of paper communication. In the government offices, paper is filed and treated carefully (unlike emails, which can be dismissed by pressing the delete button).
My Citizen, your voice counts. Please speak out loud and clear. Jai Hind!
Krish
98215 88114
G R Vora’s prompt response this morning fired me up. He promptly dashed off a Phonogram to five top decision-makers in New Delhi, namely:
1. Dr Manmohan Singh, Prime Minister, North Block, New Delhi - 1.
2. Veerappa Moily, Law Minister, North Block, New Delhi - 1.
3. Prithviraj Chauhan, MOS for DoPT, North Block, New Delhi - 1.
4. Sonia Gandhi, 10 Jan Path, New Delhi - 1
5. Rahul Gandhi, 10 Jan Path, New Delhi - 1.
Following GRV’s example, I dialed 1585 from my MTNL landline and sent a phonogram to these five with a common message:
"We thank Mrs Sonia Gandhi for taking a strong pro-people stand. Implement the RTI Act and do not amend it. Chief Justice of India must be as transparent and accountable as other public authorities."
My token no. is PJ 31 and bill amount is Rs 119.80.
While sending phonogram, remember:
a) Specify “Same-message plus four-copies” before dictating the addresses
b) Ask for your token no. and bill amount which will be included in your phone bill.
c) Specifically ask for copy of phonogram to be sent to you by post.
Please speak up by using phonogram, telegram, post and other means of paper communication. In the government offices, paper is filed and treated carefully (unlike emails, which can be dismissed by pressing the delete button).
My Citizen, your voice counts. Please speak out loud and clear. Jai Hind!
Krish
98215 88114
CIC Fines AMU PIO For Not Providing Information
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/003178/
Appeal No. CIC/SG/A/2009/003178
SHOWCAUSE HEARING:
Appellant : Dr.Anisul Ain Usmani
Depatment of Physics
Aligarh muslim University
Aligarh-202002
Respondent : Mr. Moinuddin
Public Information Officer & Consultant
Aligarh Muslim University
Registrar office, Aligarh-202002
RTI application filed on : 19/10/2009
PIO replied : 07/11/2009
First Appeal filed on : 12/11/2009
First Appellate Authority order : 10/12/2009
Second Appeal Received on : 17/12/2009
Notice of Hearing Sent on : 01/01/2010
Hearing Held on : 29/01/2010
Information sought:
The Appellant sought the certified copies of the application forms submitted by the candidates appointed as Professors after April 20, 2009. A list of 44 candidates was provided with it. The Appellant also requested to provide application forms of any other candidates appointed professors till date.
PIO’s Reply:
The information sought by the Appellant is not available. If this information is created all files of candidates appointed after 20/04/2009 will be required to be consulted for which disproportionate diversion of resources is involved and under Sec.7(9), this information can not be provided. Later the PIO on 01/12/2009 asked the Appellant to submit the amount of Rs.138/- for 69 photo copies of the information sought.
Grounds for First Appeal:
Incorrect and incomplete information provided by the PIO as every candidate fills a form and there is nothing to create. In continuation to his appeal the Appellant submitted the list of 14 remaining Professors appointed after 20/04/2009
Order of the First Appellate Authority:
As the Appellant had sought the information in his application dated 14/11/2009 only in regard of 14 Professors instead of 44 Professors as sought earlier and that information has been provided to him by the PIO. The offer of inspection still exists for the Appellant.
Grounds for Second Appeal:
Incomplete information provided as the PIO completely ignored the list of 44 candidates in his original application.
Relevant Facts that emerged during the Hearing on 29 January 2010:
“The following were present:
Appellant: Absent;
Respondent: Mr. Moinuddin, Public Information Officer & Consultant;
The Appellant had sought photocopies of application forms of 44 candidates who have been appointed as professors after 24/04/2009. The PIO has refused to give the information and invokes Section 7(9) asking the appellant to do an inspection of the records. The query is very simple and clear and sought only specific photocopies of 44 people of a record which was less than one year old. The PIO’s invoking Section 7(9) is definitely wrong since it cannot be claimed that giving photocopies of the application of the 44 people would lead to a diversion of resources of the public authority disproportionately. This was information which could very easily have been provided and it was the PIO’s attitude of not providing the information which has resulted in two officers traveling to the Commission and wasting their time and the Commission’s time.
Before parting with this matter the Commission must point out that it is a wrong practice of the Public Authority to appoint consultants as PIOs and the Commission advises the Vice- Chancellor to appoint its employees as Public Information Officers.”
Commission’s Decision dated 29 January 2010:
“The appeal is allowed.
The PIO is directed to provide the complete information to the Appellant before 10
February 2010.”
Facts leading to Showcause:
The issue before the Commission was of not supplying the complete, required information by the PIO within 30 days as required by the law. From the facts before the Commission it appeared that the PIO was guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act. Hence a showcause notice was issued to him, and he was directed give his reasons to the Commission to show cause why penalty should not be levied on him on 03 March 2010 at 11.30am.
Relevant Facts emerging during the Showcause Hearing on 03 March 2010:
The following were present:
Respondent : Mr. Moinuddin, Public Information Officer & Consultant; Mr Qadim Mian, Assistant Clerk, Record Section;
The PIO Mr. Moinuddin has given written submission in response to the Showcause notice to the Commission. He states that he received the RTI Application on 24/10/2009 asking for certified copies of application forms for 44 Professors. He states that he directed Mr. Qadim Mian, Assistant in the Records Section on 27/10/2009 to get photocopies of the Application forms and an instruction to the Assistant Mr. Qadim Mian to send a letter to the Appellant to deposit the additional fees for the photocopies. He then states that Mr. Qadim Mian was not able to get the relevant files and hence he decided to send a letter on 07/11/2009 asking the Appellant to inspect the relevant records. It is evident from the admission of the PIO Mr. Moinuddin that when the information was not available he resorted to the devise of asking the appellant to inspect the files which he is not been able to locate, this is clearly dishonest. He then states that consequent to the Commission’s order of 29/01/2010 he has obtained the information and sent it to the Appellant on 08/02/2010. He has pleaded for sympathetic consideration of his case and requested the Commission not to levy penalty on him.
The PIO has offered no reasonable cause for not providing information with a period of 30 days. He has infact admitted that since he could not get the relevant information he used the device of Section 7(9) to ask the appellant to inspect the records which he was not able to locate. This is clearly dishonest. The RTI Application has been filed on 19/10/2009 hence the information should have been provided to the Appellant before 19/11/2009. Instead the information has been provided to the Appellant on 08/02/2010 i.e. after a delay of 78 days. Since the delay in providing the information to the Appellant has been 78 days the Commission decides to penalize Mr. Moinuddin, PIO under Section 20(1)of the RTI Act at the rate of Rs.250/- per day of delay i.e. Rs.250/- X 78 days = Rs.19500/-
Decision:
As per the provisions of Section 20 (1) RTI Act 2005, the Commission finds this a fit case for levying penalty on Mr. Moinuddin, Public Information Officer & Consultant. Since the delay in providing the correct information has been of 78 days, the Commission is passing an order penalizing Mr. Moinuddin for Rs. 19,500/-.
The Vice-Chancellor, Aligarh Muslim University is directed to recover the amount of Rs.19,500/- from the salary of Mr. Moinuddin and remit the same by a demand draft or a Banker’s Cheque in the name of the Pay & Accounts Officer, CAT, payable at New Delhi and send the same to Shri Pankaj K.P. Shreyaskar, Joint Registrar and Deputy Secretary of the Central Information Commission, 2nd Floor, August Kranti Bhawan, New Delhi – 110066. The amount may be deducted at the rate of Rs.4875/ per month every month from the salary of Mr. Moinuddin and remitted by the 10th of every month starting from April 2010. The total amount of
Rs.19,500/- will be remitted by 10th of July, 2010.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
03 March 2010
(In any correspondence on this decision, mention the complete decision number.) (BK)
1- Vice-Chancellor
Aligarh Muslim University
Aligarh-202002- Uttar Pradesh
2. Shri Pankaj K.P. Shreyaskar,
Joint Registrar and Deputy Secretary
Central Information Commission,
2nd Floor, August Kranti Bhawan,
Amendments to RTI Act off the table for now
Amendments to RTI Act off the table for now
New Delhi: Plans to amend the Right to Information Act have been put on ice, with the Congress leadership taking up with the government the complaint of activists that the proposed changes would lead to dilution of the information law.
Senior sources said the amendments will have to wait till the time government dispelled fears of rights activists of the law being weakened.
Congress chief Sonia Gandhi wrote to Prime Minister Manmohan Singh some time ago, drawing his attention to the fear of activists.
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