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Friday, January 25, 2013

Video Accessible to Accused denied under RTI to Information Seeker



Please find below details of an interesting case heard on 23.01.2013 by Information Commissioner Mr Rajiv Mathur.

I (Dr Mohammed Naved Khan) had sought certain information including a video recording of a Fact Finding Inquiry (in which information seeker was himself present) conducted against former Vice Chancellor of AMU Dr P K Abdul Azis on the orders of the  President of India on allegations of corruption.

It interesting to point out that even during the hearing on 23.01.2013, I pointed out  to the learned Information Commissioner that the video which had been sought under RTI was in the custody of/accessible to the accused (i.e. Dr P K Abdul Azis) while it was being denied under Section 8(1)(h) of RTI to the information seeker. Further, events that happened much after the disposal of the matter by the Appellate Authority i.e. registering of a regular case by Case No RC9(A)/2012, ACU-IV, New Delhi, on 19.11.2012 by Anti Corruption Wing of CBI have been relied upon to deliver judgement in a matter dating back to 06.06.2011 (RTI was filed on this date!). 
Most shockingly, neither the CPIO and nor the Appellate Authority did ever mention CBI in any of the disposals but now inquiry by CBI has been made the basis for denying the information.

Complete details of the case, including CIC judgement are given below:
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CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus
New Delhi-110067
Tel: +91-11-26105682

File No.CIC/DS/A/2011/003901/RM

Appellant: Dr Mohammad Naved Khan, Aligarh

Public Authority: Aligarh Muslim University

Date of Hearing: 23.01.2013

Date of decision: 23.01.2013

Heard today, dated 23.01.2013 through video conferencing.

Appellant is present.

The Public Authority is represented by Md Afzal Ali, CPIO along with Dr S. Karamat Ali, AA, Council Section.

FACTS

Vide RTI dt 6.6.11, appellant had sought information on five points relating to video recording of the meetings of the 2nd Fact Finding Inquiry Committee.

2. CPIO/SO Council, vide letter dt 4.7.11, provided a point wise response.

3. An appeal was filed on 7.7.11 pointing out that the information provided was incomplete.

4. AA vide order dt 2.8.11, provided some additional information and disposed of the appeal.

5. Submissions made by the appellant and public authority were heard. The appellant submitted that the denial of copies of CD by the CPIO was not correct and wanted that copies be provided to him. The CPIO submitted that though the enquiry has been completed by the MHRD, the CBI is now investigating the matter.

DECISION
6. The Commission finds that the process of investigation is not yet over as the CBI is now investigating the matter. The Hon’ble Delhi High Court in WP(C)16712/2006 (Surinderpal Singh Vs Union of India) has held that “Exemption from disclosure of information can be claimed for any information which may impede the process of investigation or apprehension or prosecution of offenders.” Following the ratio of above said judgement, the Commission upholds the decision of the AA in not providing copies of the video recording.

The appeal is disposed of.
Sd/-

(Rajiv Mathur)
Central Information Commissioner
Authenticated true copy forwarded to:

The CPIO & Section Officer (RTI Cell)
O/o the Registrar
Aligarh Muslim University
Aligarh-202002

The Deputy Registrar (Council) & FAA
O/o the Councils Section & AA
Aligarh Muslim University
Aligarh-202002

Dr. Mohammad Naved Khan
Former Member, AMU Court,
D/o Business Administration
Faculty of Management Studies & Research
Aligarh Muslim University,
Aligarh-202002

(Raghubir Singh)
Deputy Registrar
.01.2013
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Text of Second Appeal, RTI and replies of CPIO and Appellate Authority  are available at URL below in PDF format:
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06.06.2011
CAPIO/DR (Legal)
AMU, Aligarh

Subject: Application for information under Section 6(1) read with Section 7(1) of RTI Act 2005

Please refer to the Second Fact Finding Inquiry Committee (FFIC) ordered by the President of India in her capacity as the Visitor of Aligarh Muslim University (AMU) under Section 13(2) of the AMU Act 1920 with Mr Justice B A Khan as its Chairman and Mr Justice A N Divecha as its Member.

Please also refer to the fact that several of the meetings/hearings of the Second FFIC were Video recorded.

With reference to the above, under the section 6(1) and 7(1) of RTI, I may be provided with/informed on the following:
1)      Breakup of the amount spent in Video recording of the said meetings/hearings including the dates on which such meetings/hearings were held. Also provide duration of each such meeting/hearing.
2)      Details of procedure adopted in assigning contract for Video recording of the said meetings/hearings.
3)      Name of the entity and its complete address including name of the proprietor to whom work of Video recording of the said meetings/hearings was awarded/assigned.
4)      Provide digital copy of the Video recording of the said meetings/hearings.
5)      Name and designation of the officer/functionary who ordered the Video recording of the said meetings/hearings together with facts and reasons. Also provide all relevant file notings.
A fee of Rs 10/- is deposited in the University vide Book No. 2 and R.No.185 dated 22.1.11. The original receipt is attached herewith.
            
                 
[Dr Mohammed Naved Khan]
Department of Business Administration
Faculty of Management Studies & Research
Aligarh Muslim University, Aligarh-202002
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Complete RTI file can be downloaded from the following URL in PDF format:
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URGENT/RTI APPEAL
July, 7, 2011
Dr S Karamat Ali
Deputy Registrar (Councils)
AMU, Aligarh-202002

Subject: Wilful/deliberate denial and providing of misleading/incomplete information by the CPIO (Councils) liable to be proceeded against under Sections 18(1), 19(1) and 20(1) of RTI Act 2005.
Ref:
1) RTI application filed with CAPIO/DR (Legal) dated 06-06-2011.
2) Reply by CPIO/Section Officer (Councils), AMU, Aligarh, vide ( C)/ 765 dated 4.07.2011.

Dear Sir,
I filed above referred RTI application with CAPIO, AMU, and have received an incomplete/misleading reply which tantamounts to wilful denial of information by CPIO, SO (Councils).

At the outset I wish to point out that the note sheet related to the matter (as clearly evident from document annexed with the RTI reply by CPIO) has been prepared as an after thought after the filing of RTI application on 06.06.2011.

The following may be noted with regard to the said reply by CPIO/SO (Councils):
Point 1: The following may be noted:
a)    Dates on which the hearings that were video recorded have not been provided.
b)    Duration of each of the meetings/hearings have not been provided.
Point 2: The reply is blatantly misleading as the information provided has been generated on 11.06.2011 after the receiving of the RTI application on 06.06.2011. It is amply clear that the appended note has been prepared in the light of the points raised in the instant RTI application.
Point 3: The name of the proprietor and address of the entity assigned the said videography work have not been provided.
Point 4: The information has deliberately/wilfully been denied by the CPIO. Further, the following may be noted in this regard:
(i).  No cogent reasons/evidence have been provided by the CPIO for denying the information and for invoking Section 8(1)(h) of RTI which is wholly inapplicable in the instant case.
(ii). The copies of the CDs of the Video recordings have been handed over to AMU by M/s Indian Television Co. (ITV), a Delhi based commercial organization.
(iii).                No details have been provided as to how it would hamper the prosecution of offenders and how they are likely to get away by the providing of said video recordings of hearings which are in all probability accessible to them already.
(iv).                It is to be noted that Justice Ravindra Bhat has held in Bhagatsingh vs. CIC WP (c ) no. 3114/2007- "13. Access to information, under Section 3 of the Act, is the rule and exemptions under Section 8, the exception. Section 8 being a restriction on this fundamental right, must therefore is to be strictly construed. It should not be interpreted in manner as to shadow the very right itself. Under Section 8, exemption from releasing information is granted if it would impede the process of investigation or the prosecution of the offenders. It is apparent that the mere existence of an investigation process cannot be a ground for refusal of the information; the authority withholding information must show satisfactory reasons as to why the release of such information would hamper the investigation process. Such reasons should be germane, and the opinion of the process being hampered should be reasonable and based on some material. Sans this consideration, Section 8(1)(h) and other such provisions would become the haven for dodging demands for information.
(v). Further, Right to Information is a fundamental right of citizens and the denial of information has to be backed by the strong reasons. Sufficient reasons have not been advanced to show that the denial of information is justified. 
(vi).                A rights based enactment is akin to a welfare measure, like the Act, should receive a liberal interpretation. The contextual background and history of the Act is such that the exemptions, outlined in Section 8, relieving the authorities from the obligation to provide information, constitute restrictions on the exercise of the rights provided by it. Therefore, such exemption provisions have to be construed in their terms; there is some authority supporting this view (See Nathi Devi v. Radha Devi Gupta 2005 (2) SCC 201; B. R. Kapoor v. State of Tamil Nadu 2001 (7) SCC 231 and V. Tulasamma v. Sesha Reddy 1977 (3) SCC 99). Adopting a different approach would result in narrowing the rights and approving a judicially mandated class of restriction on the rights under the Act, which is unwarranted.”
(vii).              The preambular goal of RTI Act to ensure transparency & accountability has been de facto liquidated by CPIO’s above decision.
(viii).             Denial of a citizen’s fundamental right must be justified and the mere act of continuing an investigation cannot be used to deny citizens’ rights.

Point 5: The following may be noted:
(i).  The CPIO has not provided the names and designation of the officer/functionary who ordered the Video recording.
(ii). Facts and reasons for videography have not been provided.
(iii).          File notings have not been provided.

The matter is of utmost public interest and importance as it relates to allegations of corruption and other irregularities in AMU, an academic institution of repute, taking note of which, the Hon’ble President of India, in her capacity as the Visitor of AMU, ordered the said Fact Finding Inquiry to submit its report within three (3) months. Further, in excess of Rs 80 Lakhs (Rupees Eighty Lakhs) have already been spent by AMU, a publicly funded institution, in the conduct of the Inquiry which lingered on for more than a year before any report could be submitted.

In the light of the above, I request that my application may be disposed of in consonance with provisions of RTI Act to provide me required information without any delay otherwise I will be free to proceed to the CIC, New Delhi, with a complaint under relevant sections of the RTI Act 2005.
With regards,
Sincerely,
          
(Dr Mohammed Naved Khan)
Former Member, AMU Court
Department of Business Administration
Faculty of Management Studies & Research
Aligarh Muslim University, Aligarh-202002

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Complete RTI file can be downloaded from the following URL in PDF format:
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Sunday, January 13, 2013

Video & Pics of Attack on Mumbai RTI Activist Sulaiman Bhimani

Sunday, 13th Jan, Mumbai: Yesterday afternoon, at 3 pm, eight unknown men entered RTI Activist Sulaiman Bhimani's office with sticks and swords, and smashed a laptop, printer-scanner and computer keyboard.

The attack ended within 10 seconds as Bhimani's neighbours raised an alarm. While retreating hastily, they slashed wildly at the nameplate with the swords, and kicked at the wooden doorframe, smashing it. Bhimani escaped with only an injury on his finger.

Fortunately, this entire episode was captured on two CCTV cameras installed inside and outside his office. The attached photo shows a man who entered his cabin and struck at his laptop. (The man seen on the right in the pink shirt is NOT Bhimani, he is a visitor. Bhimani, being directly seated under the CCTV camera, is not visible in the footage.)

CCTV outside his office - http://youtu.be/ktZkY3fGwJU
Notes: The man in the blue shirt talking on the phone is a visitor, and he completely fails to react as the people wearing handkerchiefs and carrying sticks and swords walk into the cabin. (This man is the “rounder” of a well known security agency.) While retreating hastily, the assailants slashed wildly at the nameplate with the swords, and kicked at the wooden door frame, smashing it.

CCTV inside his office - http://youtu.be/ofUWXu2qMg8
Notes: A man wearing a T-shirt is seen entering from the main door into the office of Sulaiman Bhimani, and abruptly smashing a laptop, before dropping his stick and fleeing. The other assailants are seen through the glass, swinging wildly to damage the office equipment before they retreat. The attack ended within 10 seconds. Bhimani, who suffered only an injury on his finger, is not seen in the footage as he was seated directly under the CCTV camera. (The man seen on the right in the pink shirt is NOT Bhimani, he is a visitor from a security agency. )

Photos and CCTV screen grabs: http://tinyurl.com/photos-CCTV-grabs-Bhimani

Bhimani feels that the most likely suspects are some people mentioned in this report: http://tinyurl.com/GRace-Sarvadhariya

The builder and unlawful elements mentioned in this report suffered losses of several crores when MMRDA cracked down on them recently, evicted 50 tenants with police action, and served eviction notices on 102 others. They have criminal records, and have threatened Bhimani in the recent past.

FIR was registered under IPC sections 452, 427, 323, 143, 144, 147, 148, 149. See FIR copy: http://tinyurl.com/Sulaiman-Bhimani-Attack-FIR

For more information, call Sulaiman Bhimani 93236 42081

Warm Regards,
Krish
9821588114

Saturday, December 1, 2012

A'bad Men’s Mouth Cancer doubled in 20 years, shows Research


Nagpur shows similar trend. Is this nationwide?

30 November 2012, Mumbai: No wonder the Directors of Regional Cancer Centers have written letters to Prime Minister and Union Health Minister, urging nationwide implementation of the gutka ban. Confronted with a near-doubling of mouth cancer rates since the mid-1980s, policy-makers and tobacco-control activists have cause to worry whether the ban on gutka is too-little-too-late. The cancer registry data published by Gujarat Cancer Research Center over the 20-year period spanning 1985 and 2006, when analyzed by Mumbai’s Healis-Sekhsaria Institute of Public Health, reveals a near-doubling of oral cancer rates across different age-groups. The cohort (group) of males who attained the age of 34 in 1995 suffered 2.1 oral cancer cases per lakh males between the ages of 25 and 34 (10-year-span). The cohort of males that was 10 years older (i.e. which attained the age of 34 in 1985) had suffered only 1.2 oral cancer cases per lakh between the ages of 25 and 34. The as-yet-unpublished analysis (which is an update of a study published in Journal of Medical Association in 1999 titled Mouth Cancer in India – A New Epidemic?) included cancer of the cheeks, lower and upper jaw, hard and soft palate and gums in males only. See the chart shown below:



This chart is based on the data points presented in the below table:
Inline image 2

This steep trend continued as the youngest cohort attained the age of 44 in 2006; it suffered 15.9 oral cancer cases between the ages of 35 and 44. Again, this was close to double the rate of older age group (8.5 oral cancer cases per lakh males between 35-44), and nearly three times the cancer rate (5.6 oral cancer cases) of another age group that was 20 years older.

Between the two older groups, the same trend-line was visible. Those who attained the age of 54 in 2006 showed roughly double the cancer incidence of the oldest group (34.1 as against 17.6 cases) between the ages of 45 and 54.

Overall, this research says that the rate of cancer has doubled in the two decades between 1985 and 2006. It confirms what cancer surgeons all over the country are saying from their observation: India is in the grip of an oral-cancer epidemic, largely caused by increase in tobacco-chewing and smoking. This data makes out a case for banning not just gutka, where tobacco is added to other food materials, but also chewing tobacco itself which has not been banned. Chewing tobacco per se is not subject to the gutka ban, and continues to be freely available in various forms such as “filter khaini”, tobacco eaten with betel leaf paan and as tobacco that is hand-mixed with lime. It also makes out a case for banning bidis and cigarettes, which have a somewhat less direct relationship with mouth cancer.

Dr Prof Santanu Chaudhuri, an eminent oncologist and Director of RST Regional Cancer Hospital, Nagpur, confirms this trend.  “A study carried out in RST Regional Cancer Hospital, which was published in the Journal of the Academy of Medical Sciences, indicates that oral cavity cancer is becoming very common in young population of 25-40 years of age.  10 years back, it was common between 40 – 60 year of age. In 1995-96, the incidence was 17% i.e. out of 500 patients, 85 belonged to the younger age group. This rose to 25% in 2002–03 (150 out of 600) and 33% in 2006-07 (231 out of 700),” says Dr Santanu, citing the study.

“Tobacco has turned out to be the biggest menace in the field of oncology,” he adds. “It is a preventable cause of cancer. Various studies have clearly proved that, use of tobacco causes oral cancer. In my clinical practice, I am shocked to see young people who have tobacco addiction coming to us with oral cancers and that too, in advanced stages. This trend of increase in number of young patients coming with tobacco induced oral cancer has become very prevalent in central India in recent times.”

“We are seeing many families destroyed because of the cancer related mortalities due to tobacco. We are losing the young generation of India to tobacco. This generation, who are supposed to be the builders of the Nation, are destroying themselves due to this tobacco curse,” Dr Santanu laments.

Another study by Balchandra B Yeole titled Trends in Incidence of Head and Neck Cancers in India, published in the Asian Pacific Journal of Cancer Prevention in 2007, explains the risk-ratios between bidi-smoking, tobacco-chewing and different kinds of cancer: “Risk ratio of bidi smokers was higher for cancers of oropharynx (RR=10.4) and Larynx (RR=7.7) than chewers (RR=3.3) and (RR=7.8) for oropharynx and larynx. Whereas risk in chewers is higher for cancer of oral cavity (RR=6.0) and oropharynx (RR=4.5) than in bidi smokers (RR=2.1) for oral cancers and (RR=2.4) for hypopharynx. Those combining the habit of smoking and chewing have a much higher risk, almost multiplicative compared to those indulging in only the single habit. The risk of combined habits is particularly high for cancers of oropharynx (RR=31.7), hypopharynx (RR=16.9) and larynx (RR=20.1)… It is worthwhile noting that bidi smokers have a much higher risk of oropharyngeal and laryngeal cancer than that of cigarette smokers.”

About 30% of the oral cancer patients coming in nowadays are in their 20s and 30s, observes Dr Pankaj Chaturvedi, Associate Professor of Tata Memorial Hospital. He has been examining about 200 oral cancer patients every week since 2002 at this Regional Cancer Center, where patients come not only from all over the Maharashtra, but also from many distant and neighbouring states of India. His observations are borne out by many other oncologists and surgeons all over the country.

Dr Prakash Gupta, Director of Healis-Sekhsaria Institute of Public Health, and a reputed research scientist, has participated in many all-India and global studies on the connection between tobacco use and cancers. Dr Gupta says, “Our analysis, based on data released by Gujarat Cancer Research Center in 2008, shows a trend that is probably countrywide and continuing even today. I have zero hesitation in saying that India’s oral cancer profile continues to get younger, and ongoing research will give conclusive proof of this. There is a clear connection between India’s rising oral cancer and the continuing success of the tobacco industry relentlessly promoting smoking and tobacco-chewing among school-children and college age youths. Notwithstanding the state-level bans on gutka and rising excise duties on cigarettes, this predatory industry is far from defeated.”

Many doctors concur. Dr Dhawal Shah, ENT, head & neck cancer and laser surgeon practicing at at Baroda, says, “I definitely agree that oral and orophayrngeal cancers have increased to a great extend in younger age group viz. 25-35 yrs of age. Among the reasons that have contributed to this disaster is the status symbol of chewing tobacco and even smoking cigatettes in young school-going children 10 - 18 age. This is observed more in village schools. Although gutka has been banned in Gujarat and many other states, pan masalas with different trade names like Vimal, Zatpat, Parag and Pan Villas are freely sold with separate pouches of tobacco, and at the same price as gutka. Various carcinogenic factors are found even in pan masala. Worsening matters are stressful and sedentary lifestyles, unbalanced diet and poor oral hygiene in young generations.

Says Dr Rajesh Dikshit, Associate Professor-Epidemiology at Mumbai’s Tata Memorial Hospital, “It is interesting to see that trends for oral cavity are increasing for younger age group. This highlights the importance of immediate action against tobacco use in any form.”

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For further details & contacts, call Krish             9821588114 begin_of_the_skype_highlighting            9821588114      end_of_the_skype_highlighting      
in collaboration with Tata Memorial Hospital & other organizations
Dr Prof Santanu Chaudhuri, Director of RST Regional Cancer Hospital, Nagpur, examining oral cancer patient -- victim of oral tobacco.jpg
Dr Prof Santanu Chaudhuri, Director of RST Regional Cancer Hospital, Nagpur, examining oral cancer patient -- victim of oral tobacco