HC quashes UP govt notifications on RTI Act

PTI | 10:01 PM,Jan 25,2012: Lucknow, Jan 25 (PTI) The Allahabad High Court today quashed two notifications by Uttar Pradesh government which excluded confidential section under Home and Civil Aviation departments from the purview of RTI Act, saying restrictions imposed were excessive and beyond the powers of the state. The order was passed by a Lucknow bench comprising justices Pradeep Kant and Decvendra Kumar Upadhyaya while allowing two Public Interest Litigations challenging the notifications issued by the state government. On June 7 2009, a notification was issued excluding certain works alloted to conidential sections of the state government from the purview of RTI Act. Prior to this, one more notification was issued on March 25, 2008 which specified that the operation unit, the maintenance, security and general administration unit of the civil aviation department of the state were excluded from the applicability of the RTI Act. The court in its order observed that the RTI is part and parcel of the right to freedom of speech and expression as contained in the Constitution. Further the RTI Act gives statutory safeguard to the freedom of speech and expression guaranteed in the Constitution, which cannot be curtailed except with reasonable restrictions, it said. The court said that therefore restrictions imposed were excessive and beyond the powers of the state, which cannot be done by issuance of the impugned notifications. "For the aforesaid reason petitions are allowed and both the notifications being invalid or hereby quashed," it said.

Shailesh Gandhi Writes to Chhatisgarh CM as Legislative Assembly Hikes RTI Fee to Rs 500

Text of the letter written by Shri Shailesh Gandhi, Information Commissioner, Central Information Commission, New Delhi, to Chief Minister, Chhattisgarh, and Shri Ravindra Choubey, Leader of Opposition, is reproduced below.

------------------------------------------------------------

Dr. Raman Singh

Chief Minister

Chhattisgarh

Mantralaya

DKS Bhawan, Raipur- 492001

Chhattisgarh

Dear Dr. Raman Singh,

There is some disturbing news which has been received that the Chhatisgarh Legislative assembly has revised the fee payable for RTI applications and the fee chargeable for providing information to Citizens. All over the country all Public authorities have kept a fee of `10 as application fee and `2 per page for providing information. It has been reported that the Chhatisgarh Legislature has revised this to`500 for application fee and `15 per page for information to be provided.

This would be very unfortunate since Right to Information is a fundamental right of citizens and Section 7(5) of the Act states that, “Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the Provisions sub-section (6), pay such fee as may be prescribed:

“Provided that the fee prescribed under sub-section (1) of section 6 and sub-section (1) and (5) of section 7 shall be reasonable and no such fee shall charged from the persons who are of below poverty line as may be determined by the appropriate Government.”

It has clearly been mentioned in the law that the application fee as well as the additional fee for providing information would be reasonable. Almost all Public Authorities in the Country have in the right spirit of the Act and recognizing that information should be available to citizens since they are the owners of the information, kept `10/- as application fee and `2/- per page as additional fee for providing the information. In this background the Chhattisgarh Legislative Assembly’s decision to start charging `500/- as application and `15/- per page as additional fee goes against the spirit and purpose of the RTI Act and would be unwarranted discrimination against citizens who seek information from the Legislative Assembly. This would give rise to suspicion and speculation that the legislative assembly wishes to discourage citizens from exercising their fundamental right. I am sure the Chhattisgarh Assembly will set a good example to promote citizen’s fundamental rights and reduce the application fee and the additional fee to `10/- and `2/- respectively at the earliest.

Best Regards,

Your’s Truly

(Shailesh Gandhi)

+++++++++++++++++++++++++++++++++++++++++++++++++++++++

Shri Ravindra Choubey,

Leader of Opposition

Chhattisgarh Vidhan Sabha,

Baluda Bazar Road,

Raipur- Chhattisgarh

Dear Shri Ravindra Choubey,

There is some disturbing news which has been received that the Chhatisgarh Legislative assembly has revised the fee payable for RTI applications and the fee chargeable for providing information to Citizens. All over the country all Public authorities have kept a fee of `10 as application fee and `2 per page for providing information. It has been reported that the Chhatisgarh Legislature has revised this to`500 for application fee and `15 per page for information to be provided.

This would be very unfortunate since Right to Information is a fundamental right of citizens and Section 7(5) of the Act states that, “Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the Provisions sub-section (6), pay such fee as may be prescribed:

“Provided that the fee prescribed under sub-section (1) of section 6 and sub-section (1) and (5) of section 7 shall be reasonable and no such fee shall charged from the persons who are of below poverty line as may be determined by the appropriate Government.”

It has clearly been mentioned in the law that the application fee as well as the additional fee for providing information would be reasonable. Almost all Public Authorities in the Country have in the right spirit of the Act and recognizing that information should be available to citizens since they are the owners of the information, kept `10/- as application fee and `2/- per page as additional fee for providing the information. In this background the Chhattisgarh Legislative Assembly’s decision to start charging `500/- as application and `15/- per page as additional fee goes against the spirit and purpose of the RTI Act and would be unwarranted discrimination against citizens who seek information from the Legislative Assembly. This would give rise to suspicion and speculation that the legislative assembly wishes to discourage citizens from exercising their fundamental right. I am sure the Chhattisgarh Assembly will set a good example to promote citizen’s fundamental rights and reduce the application fee and the additional fee to `10/- and `2/- respectively at the earliest.

Best Regards,

Your’s Truly

(Shailesh Gandhi)

+++++++++++++++++++++++++++++++++++++++++++++++++++

Shri Dharamlal Kaushik

Speaker

Chhattisgarh Vidhan Sabha,

Baluda Bazar Road,

Raipur- Chhattisgarh

Dear Shri Dharamlal Kaushik,

There is some disturbing news which has been received that the Chhatisgarh Legislative assembly has revised the fee payable for RTI applications and the fee chargeable for providing information to Citizens. All over the country all Public authorities have kept a fee of `10 as application fee and `2 per page for providing information. It has been reported that the Chhatisgarh Legislature has revised this to`500 for application fee and `15 per page for information to be provided.

This would be very unfortunate since Right to Information is a fundamental right of citizens and Section 7(5) of the Act states that, “Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the Provisions sub-section (6), pay such fee as may be prescribed:

“Provided that the fee prescribed under sub-section (1) of section 6 and sub-section (1) and (5) of section 7 shall be reasonable and no such fee shall charged from the persons who are of below poverty line as may be determined by the appropriate Government.”

It has clearly been mentioned in the law that the application fee as well as the additional fee for providing information would be reasonable. Almost all Public Authorities in the Country have in the right spirit of the Act and recognizing that information should be available to citizens since they are the owners of the information, kept `10/- as application fee and `2/- per page as additional fee for providing the information. In this background the Chhattisgarh Legislative Assembly’s decision to start charging `500/- as application and `15/- per page as additional fee goes against the spirit and purpose of the RTI Act and would be unwarranted discrimination against citizens who seek information from the Legislative Assembly. This would give rise to suspicion and speculation that the legislative assembly wishes to discourage citizens from exercising their fundamental right. I am sure the Chhattisgarh Assembly will set a good example to promote citizen’s fundamental rights and reduce the application fee and the additional fee to `10/- and `2/- respectively at the earliest.

Best Regards,

Your’s Truly

(Shailesh Gandhi)

Jamia Millia Jamia sends Rs.50 lakh defamation notice to RTI activist

Association for Protection of Civil Rights has flayed Jamia Millia Islamia for sending defamation notice of Rs.50 lakh to RTI activist Afroz Alam Sahil – who was instrumental in bringing into the public domain the post-mortem report of Batla House encounter – and termed the move as an attempt to harass him. Jamia authorities were peeved at Afroz Alam Sahil constantly questioning the administration through RTI. Rights group alleged that it is an open attempt to suppress the voice of dissen

t as well as freedom of speech. Mr. Sahil has also been campaigning for restoration of democratic rights for students of Jamia where election for Students Union have not been held since 2006. Mr. Sahil is also credited for bringing into public domain post-mortem report into the Batla House encounter through his RTI application apart from raising issues pertaining to corruption, fellowships, hostel allotment, health services and security for women.

Several organizations have demanded that Jamia administration withdraw its legal notice with immediate effect to ensure freedom of speech and to encourage its own outstanding student.

Scan of the legal notice of defamation is attached.

RTI: 20 Lakh embezzled in Aligarh Station of All India Radio

Information provided under RTI to Mr Bimal Khemani of TRAP Group of Aligarh has revelaed that Aligarh based station of All India Radio entered into an agreement with a private security agency. The Director General (Additional-Security) objected to the said agreement with private security agency, and even the Audit Section pointed out that there has been flagrant violation of rules, the concerned officials of AIR Aligarh station did not pay heed to them. Later it was revealed under RTI that about Rs 20 lakh of public money has been embezzled, it is alleged, with the connivance of certain officials of AIR. Mr Bimal Khemani has filed a complaint with the Central Vigilance Commission (CVC) in the matter.

CIC Shailesh Gandhi: “No Public Interest” in IDBI’s Rs 4200 Cr. Loan to Mumbai Airport

Monday, 9 January: Central Information Commissioner Shailesh Gandhi is the poster boy of RTI activists. But an order given by him on 30th December 2011 will surely tempt RTI activists to worry about his application of mind to the essential points.

Because, Mr Gandhi has told the average citizen of India that information about an infrastructure loan of Rs 4,200 crore given by a consortium of banks led by IDBI Bank Ltd. to Mumbai Airport Authority Ltd. (MIAL) is protected by their “fiduciary relationship” and therefore, it is none of the citizen’s business!

The appellant in this case, Pune-based RTI activist Sanjay Shirodkar is of course amazed to hear this from Mr Gandhi. But this order is likely to give RTI activists all over the country a serious case of heartburn.

Read Shailesh Gandhi’s Order: http://rti.india.gov.in/cic_decisions/CIC_SG_A_2011_002878_16667_M_73304.pdf

LOOK AT THE FACTS OF THE CASE:

· Mumbai International Airport is a Public Private Partnership (PPP) project.

· MIAL is the PPP consortium in which Airport Authority of India (i.e. Govt of India) has a 26% shareholding. GVK Industries Ltd, and two rather dubious Mauritius-based khokhacompanies hold the remaining 74% shares.

· MIAL is a major beneficiary of public funds – 2000 acres of prime land in Mumbai, valued at Rs 50,000 crore, for which it is paying AAI the princely sum of Rs 100 per annum as lease rent.

· MIAL is playing a governmental role. It is in whole-and-sole control of Mumbai Airport.

[All of this is the official position, confirmed by two previous orders given by Central Information Commission. CIC MM Ansari’s order in 2008, and then again by CIC Sushma Singh’s order in 2011: http://www.rti.india.gov.in/cic_decisions/CIC_MA_C_2008_00195_SS_M_57922.pdf ]

· And now, on the other side of the transaction, you have IDBI Bank – India’s fourth-largest PUBLIC SECTOR BANK, which extends a huge loan consisting of RS 4,200 CRORE OF PUBLIC MONEY.

OUR QUESTIONS TO SHAILESH GANDHI:

1. CIC Shailesh Gandhi, Sir, a public sector bank extends a huge INFRASTRUCTURE LOAN (and not a personal loan for, say, GVK Reddy’s daughter’s wedding) to a dodgy consortium. And you say it is NOT public interest? You say that this information is exempted from information, given the “fiduciary relationship” between the lender and the borrower?

2. This loan is for a Public-Private Partnership project, presumably for the use of the good of the Indian citizen. And you say that it is none of our business? That the underlying documents and details of the transaction, which Sanjay Shirodkar asked for, is a private matter between the two transacting parties?

3. MIAL is a well-known fugitive or defaulter as far as the Sunshine Act is concerned. They are consistently stonewalling activists from every angle. No sooner CIC orders them to disclose information, than MIAL goes to Delhi High Court and gets a stay. The only way to get any information from them is to go to other entities like IDBI. Surely you, of all the people, know that?

4. Public Private Partnership (PPP) projects of various kinds are, as a group, fugitives from RTI Act. They are regularly stonewalling and defying orders of Information Commissions. Under the cover of this secrecy, they are looting public moneys from various government entities. Hence the urgent need for citizens to get information from other routes such as public sector banks lending to them. Surely, Sir, you are aware of this?

5. And last but not least, on a very personal note: Three years ago, you introduced the appellant Sanjay Shirodkar to me, specifically to assist him in getting information from MIAL. Sir, have you forgotten?

If seeking Public Private Partnerships’ information is not in public interest, then maybe the PPPs themselves are not in public interest; they only serve the interest of the private parties involved, and the ministers and officials who are in their pay. Maybe it is time for us to agitate for immediate closure of all PPP projects.

[If anybody should wish to contact RTI appellant Sanjay Shirodkar, his contact details aresanjay.shirodkar@gmail.com 097663 13997 .

Warm Regards,

Krish

98215 88114

PS: Read the background-story: Govt of India leased 2000 acres to GVK Ltd for Rs 100 p.a. Is this justified? http://tinyurl.com/MIAL-2000-acres-khokha-cos

RTI Task force for transparency in Banks & Financial Sector

Dear Friends,

A number of RTI activists are fighting for transparency in the banking sector, and their regulatory bodies. Whenever they have filed RTI applications for information from the banking sector – even where a large element of public interest is involved -- many activists have found that the banks are stonewalling and evading disclosures. RTI activists have many favourable orders from Central Information Commission to support them in their fight, but it is necessary for activists to come together on this issue and pool their energies.

In recent weeks, a number of activists have discussed with me about this area of need. (By a happy coincidence, I have been asked to address a meeting on this topic by Moneylife Foundation this week.)

So I am inviting you to not only participate in but spearhead a task force for transparency in this sector. If you have some experience with RTI on banks, or you are yourself a banker, we urge you to share your knowledge and insights with us.

WHY FOCUS ON BANKS? SOME SPECIFIC REASONS:

1. Banks play a key role in our lives. God forbid, if some major banks – or even relatively minor cooperative banks -- were to pack up tomorrow, we would be very badly hit. Therefore, their lending and investment policies are very much our concern. Banks – especially nationalized banks – cannot argue that what they do is their internal matter”, and of no concern to citizens!

2. Alarmingly, banks are increasingly acting like usurious money-lenders. Many of their loans – especially gold-loans and loans against property – are aimed at distressed borrowers who have been hit by recession and are struggling to maintain their lifestyle and business. A large proportion of such borrowers fail to repay their loans, and lose their assets. To promote borrowing in such an economic environment is exploitative: http://tinyurl.com/Bank-Loans-Aggressive-promos

3. Nationalized banks, private banks and cooperative banks have disproportionate clout. They are repositories of depositors’ moneys, and also retail as well as bulk lenders. Last but not least, they are investors participating in the equity markets and competing with small investors.

4. As bulk lenders and investors, they influence industrial growth. As retail lenders and savings banks, they determine consumer and investor behavior. By varying the interest rates on deposits and loans, they play a major role in determining whether the bulk of Indians invest in equity, put their money into fixed-income instruments, or use their money in buying consumer goods.

5. Banks and bankers actively shape the policies made by the Union Finance Ministry and Reserve Bank of India. The quality of their reporting to the government and regulatory bodies, and the pressures that they exert on governance, are key determinants on what happens to our nation. They actually have enough power to crash the economy singlehandedly!

6. Bad banks = costly bailouts using public moneys. Most banks are considered “too big to fail”. Government invariably steps in to rescue banks that are in trouble, using large amounts of public moneys for bailouts. This means that minding the business of banks is every citizen’s business!

7. Fuzzy lines in banking. The lines between non-banking finance companies and banks are blurred.

8. Conflicts of interest. With many banks like SBI becoming shareholders in loss-making companies like Kingfisher Airlines, and also project-finance to unscrupulous builders following bad and illegal practices, conflicts of interest are the norm rather than the exception.

I look forward to your early response.

Warm Regards,

Krish

98215 88114

thebravepedestrian.[AT].gmail.com