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Thursday, May 6, 2010

Exclusion of Frivolous or Vextious application - Request to Mr.Shailesh Gandhi

From: Col NR Kurup colnrkurup(AT)
Date: Wed, May 5, 2010 at 4:48 PM
Subject: [MAP_INDIA] Exclusion of Frivolous or Vextious application - Request to Mr.Shailesh Gandhi
To: shailesh gandhi shaileshgan(AT)

Hope Mr.Shailesh Ghandi still maintain contact with RTI forums. Though RTI Activists had some misunderstanding with Mr.Gandhi for some time, his present timely reaction to DoPT's proposed amendment to exclude "frivolous or vexatious" application has adequately compensated. It is fully agreed that the frivolous and vexatious bit is the most dangerous..

The same way the CIC or SIC is given the prerogative of ...."is of the opinion" for impossing penalty under Section 20 or charging cost of providing information "as determined by him " stipulated in Section7(3)(a) or the way the CIC/SIC having no accountability, claiming themselves as Courts with all the powers under CPC, specifically Section 11 - Resjudicata exclusion of frivolous or vexatious clause will give a free hand to PIOs to decide this factor by himself. As Mr.Gandhi has correctly projected 'the department is bound to be vexed whenever an inconvenient information is sought. I have no doubt in my mind that this single provision will be good enough weapon for the public authorities to reject any application and naturally with this provision the Act will be finished.

I have no faith in the DoPT's claim that any amendment will be made only after consultation with the stake holders. How can the DoPT consult wilh RTI foot-soldiers like you and me ? This claim is only a window dressing. Recently the DoPT has published a questionnire for the so called stakeholders to respond. I do not know about others, but my effort to post it bounced.

Mr.Shailesh Gandhi can help us.The Nation can defenitely benefit from selecting him from us Media just does not listen to the stakeholders voice. But it cannot ignore the statement or reaction of Mr.Shailesh Gandhi as an Information Commissioner. He should keep on facing the media with this opposition. He himself or someone on his behalf can gather on line opposition petition from us and Mr.Gandhi can present it to the DoPT on behlaf of the stake holders. If Mr.Gadhi is determined the DoPT just won't be able to carry out above amendment. I request Mr.Gamdhi to rise to the occassion. This is the opportunity for Mr.Gandhi to pay back.

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