CIC Wajahat Habibullah Assures RTI Activists of Action!

Mr Wajahat Habibullah, Chief Information Commissioner, was the Chief Guest at the Meet organized by RTI activits in Aligarh on 23rd August 2008. On being queried by the activists on the demand of CPIOs to furnish proof of nationality, the CIC clarified that CPIOs can inquire about the nationality but cannot ask the information seeker to furnish proof.

The CIC also informed the audience that the Informaiton Commision would now come down heavily on those CPIOs who fail to deposit the fine imposed by the Information Commission.

On this occasion, Dr Tariq Islam, General Secretary, RTI Group, Aligarh, also addressed the gathering. Dr Islam who is a Senior Reader in the Department of Philosophy, Aligarh Muslim University, Aligarh, raised several pressing issues that the RTI activists are facing. He particulary pointed out the issue of interpretation of the word "shall" in the relevant clause of the RTI Act that relates to the imposition of fine on erring CPIOs.

IITs open exam process to students

Snehal Rebello, Hindustan Times; Mumbai, July 31, 2008; First Published: 00:42 IST(31/7/2008); Last Updated: 00:43 IST(31/7/2008)

Results of the IIT’s Joint Entrance Examination (IIT-JEE) – one of the most keenly contested examinations in the country – just got more transparent. Taking note of the numerous queries filed under the Right to Information Act (RTI) regarding its admission procedure, IIT Joint Admission Board has decided to release the cut-off scores for individual subjects and different streams on its website.

Applicants can now get to know the cut-off scores in individual subjects like physics, maths or chemistry and also aggregate cut-offs for streams like computer, electronics, mechanical and civil engineering. For the 2007 entrance exam, the institute had posted their question papers and correct answers on their site.

The first detailed score sheets will be released on August 1 at 8 pm on the institute’s website www.iitg.ernet.in for students who appeared for the 2008 entrance exam. The score sheets will show the opening and closing ranks of different branches for every category, general and reserved.

While last year there were about 40 RTI applications across the seven IITs, IIT-Bombay alone received 15 enquiries.

“Instead of replying to the applications, we decided to be proactive and put the information on our website. This will eliminate 95 per cent of the applications from aggrieved parties,” said N. Venkatramani, JEE chairperson, IIT-Bombay.

“It’s a good move for those applying to the IITs. If the pattern remains the same next year, aspirants can have a benchmark of what their target should be,” said Pritish Kamath, who secured a seat at IIT-B.

RTI updates on SMS

Hindustan Times; Chetan Chauhan ; New Delhi, August 26, 2008; First Published: 23:59 IST(26/8/2008); Last Updated: 00:00 IST(27/8/2008)

You could soon track the status of your Right to Information (RTI) application on your mobile phone, if the recommendations of a panel of information commissioners are taken up.

There's more. The sub-committee has also proposed an information commissioner for each district. And that performance responding to RTI applications be included in the annual career reports of bureaucrats.

The committee has selected the Andhra Pradesh model of quick responses to applications for replication in other states. In Andhra Pradesh, applicants can keep track of their application through SMSes sent to a call centre.

The Punjab model has been suggested to help citizens file applications at the district and the sub-divisional level.

The proposal of an information commissioner in each district is borrowed from Maharashtra.

The committee has asked state governments to provide police protection to those whose applications may expose corruption in the public distribution system, National Rural Employment Guarantee Scheme and road construction scheme. (or government schemes)

The panel has blamed the bureaucracy for the poor implementation of the RTI Act. And as a remedy, the panel says bureaucrats must be appraised on the basis of their response to RTI appeals.

"Inclusion of RTI in annual career reports (ACRs) of public information officers should be mandatory," the committee has said.

Training government officials on RTI issues has also been suggested.

It also wants collectors to monitor the disposal of RTI applications submitted at district centres. At the village level, the panel has suggested that panchayats handle the job.

Emphasising that poor maintenance of records is the main reason for hindering the government in successfully implementing the Act, the committee has asked states to computerise all records and provide information regarding it to public information officers.

The list of all public authorities, including NGOs, should be put up on the state information commission website, the committee has said.

The committee has also proposed that the Centre for Good Governance, Hyderabad, serve as the national centre to compile and analyse information related to the implementation of the RTI Act.

Seeking info under RTI can land you in jail

Hindustan Times; Chetan Chauhan (Email: chetan@hindustantimes.com) , New Delhi, August 28, 2008; First Published: 23:40 IST(28/8/2008); Last Updated: 23:42 IST(28/8/2008)

Salim Begh, resident of Morababad, had never thought that his simple Right to Information application seeking information regarding recruitment of constables in Uttar Pradesh would land him in jail.

He had only dared to move an appeal with the UP Information Commission when public information officer (PIO) Kushhar Saurabh asked Rs 52,000 from him for providing information. The commission upheld his plea and asked the police to provide information, while imposing a penalty of Rs 25,000 on Kushhar and giving Beg compensation of Rs 6,000.

However, Beg’s action was enough to anger the police department, which lodged a case against him for ransacking a police station. He was arrested and remained in jail for about 20 days.

Begh is not alone. There are many RTI applicants in the country who are facing the ire of the authorities for exposing corruption in public service. “The authorities are using their powers to deter citizens from using their right to information because there is nothing in the law to protect information seekers,” said Magsasay award winner Arvind Kejriwal.

Take the case of Anand Mohan, another UPite, against whom a police case was lodged for assaulting a village block officer.

Mohan, resident of Khushi Nagar, had dared to ask the block development officer to seek information on Indira Awas Yojna, food distribution to below poverty line families and distribution of scholarships to poor students.

Instead of getting information, Mohan started receiving threats and he was asked to withdraw his RTI application. When the information was not provided within the stipulated timeframe, he moved an appeal with state information commission.

He did not get information but when he went to seek a copy of the family register, it was denied to him and a case was also booked against him.

In Chhattisgarh, RTI activist Muzibar Rehman, who had exposed irregularities in the Prime Minister’s Relief Fund through an RTI application, is now running from pillar to post to get security after receiving threats for exposing the corruption.

“There is a need to protect RTI applicants against such threats,” Kejriwal said

Activists Critized During RTI Sensitization Workshop Organized by AMU

During the two day (23rd-24th August 2008) Workshop on the theme "Right to Information Regime: Issues and Challenges" organized by Aligarh Muslim University (AMU), some of the CPIOs and Appellate Authorities severely criticized the activists filing RTI applications in AMU.

For instance, Prof. I. A. Khan, currently, Dean, Faculty of Law, AMU, mooted the idea of raising the RTI application fee so that less applications are filed. Interestingly, he also wants a clause to be introduced in the Act so that suitable penalty can be imposed on the information seeker if the CPIO feels that information has been sought so as to "harass" the authorities. He also was of the opinion that the RTI Act has been passed in "hurry"!

Another interesting suggestion came from Mr. Iqbal Ali, Principal, AMU Boys' Polytechnic, who wanted "sub-ordinates" to be penalised if they seek information from "superiors". He further went on to say that th RTI Act is a "jhunjuna" (a toy) in the hands of RTI activists and that they were treating CPIOs as "basanti" and themselves as "Gabbar Singh". He was of the opinion that RTI Act was simply being used to harass the information providers by the RTI activists .

TWO CRUSADERS SAME STORY

Publication: Times Of India Delhi; Date: Aug 20, 2008; Section: Front Page; Page: 1

Citizens find out why roads are crumbling. It’s corruption

Radhika Oberoi | TNN

New Delhi: If potholes, cracks and sudden depressions on the road seem to be part of your everyday commute in the city, it’s time to shake off the apathy and ask MCD a few awkward questions. Like Mohit Goel, a resident of Model Town did when the recent patchwork repair undertaken by MCD began to disintegrate.

Or as did S P Gupta, general secretary, Residents Welfare Association, Old Rajinder Nagar, when he found that the road in front of Salwan School had broken down despite it being converted from ‘‘dense carpet’’ to ‘‘cement concrete’’ — a kind of road that simply should not crumble.

Both Mohit Goel and S P Gupta took recourse to RTI. They wanted to know who was responsible for the shoddy work. Not just that, both obtained permission to take a sample of the road and get it examined by the Shriram Institute for Industrial Research.

The results were not entirely unexpected. In both cases the contractors had used less cement than required. The road in front of Salwan School, for instance, used only half the required quantity; gravel and sand were added in much higher proportion. As for the Model Town road, the proportions were all wrong.

Needless to say, the contractors had made a killing by using inferior materials. But what about the MCD officials who were supposed to supervise the work? They winked at it, raising suspicions of collusion. As it happens, in the Salwan School road case, the RWA has filed an FIR against MCD.

If roads are being reduced to rubble in the city, the heavy downpour might be a part of the reason. But the real reason possibly is one of the worst kept secrets of the city — there is rampant corruption in road construction. But it’s not something that the authorities are ready to accept, even though Goel and Gupta have virtually proved it.

Coming back to Goel, he sought answers this April, under RTI, on the road in front of his house in Model Town. He asked for an inspection of the area under the supervision of an engineer, a measurement book (with road dimensions), as well as samples of road material in the vicinity of his home, for a ratio analysis test.

As a result of his query, he found out that the total estimated cost of building the 96.50 metre x 5.13 metre stretch was Rs 6 lakh. Model Town roads repaired but who takes blame?

New Delhi: Three samples of road material at Model Town in front of Mohit Goel’s house were collected for a ratio analysis of cement, Badarpur (sand or stone dust) and aggregate (rodi).

The ratio should have been 1:2:4 of cement, Badarpur and rodi. The analysis showed the ratio was 1:3.5:7.5. In other words, while cement should have been one-seventh of the mix, in this case it was only one-twelfth. ‘‘I took it up with MCD,’’ says Mohit,‘‘and they have started repair work not only outside my house, but on some other roads in Model Town as well.’’ But have they got after the contractor or the engineer who cleared the job? Mohit doesn’t know.

While Mohit is a young and idealistic 30-year-old, S P Gupta and his friends in the Old Rajinder Nagar RWA are an elderly lot. Still, they refused to be cynical about corruption. ‘‘The material was of a very poor quality and so was the workmanship,’’ recalls Gupta.

The RWA approached the Public Grievances Commission in June 2004. Subsequently, MCD was ordered to provide the RWA with samples of the material used to resurface the road. The material, tested at the Shriram Institute for Industrial Research was in the ratio 1:1.5:7 (as against the prescribed 1:2:4).

MCD too got the material tested at the Regional Testing Centre (northern region), the analysis showed up a ratio of 1:1.8:5.1. In a report submitted by Sunil Tyagi, MCD executive engineer, quality control, it was mentioned that the component brick aggregate was not found.

‘‘Although the road now looks OK, we’ve filed an FIR to investigate the lies,’’ says a determined Gupta. ‘‘We’ve been told investigations are on,’’ he continues. However, not willing to let the issue die down without bringing someone to book, he advises others to do the same: ‘‘Ask why; you have every right to.’’

Yes, you do.

HOW YOU TOO CAN DO IT

Bodies like Shri Ram Institute for Industrial Research or Central Road Research Institute carry out road sampling to ascertain the road quality. One can approach these institutes with a written application.

In the application, specify whether the road is public or private. In case of a public road, permission has to be taken from the concerned civic agency.

In the request letter, the applicant should specify whether the road is constructed with concrete or bituminous. Applicant should also mention the parameters on which the quality of road has to be checked. Usual parameters are strength, thickness and density.

After receiving the application, the institute sends a team of engineers to the site. The team cuts a core, or in other words, take a sample from the road. The sample is then taken to the laboratory of the institute where tests are conducted.

While the complete road sampling can cost anything between Rs 6,000 to Rs 7,000, checking just the binder content of the road costs around Rs 1,200. Extensive tests to ascertain density or thickness of road cost approximately Rs 600 each.

Mohit Goel of Model Town was incensed when he found a new road in front of his house crumbling within months. He too got the road tested and discovered that jus half the cement required had been used. MCD is now rebuilding the road. But who is responsible for the shoddy work?

S P Gupta was angry when a concrete road in front of Salwan School began to disintegrate. He got it tested. The result: less cement and more sand had been used to make the road. His RWA has now filed an FIR against MCD

Modi-baiter on info panel leaves LK fuming

Publication: Times Of India Delhi; Date: Aug 24, 2008; Section: Times Nation; Page: 14

Manoj Mitta | TNN
New Delhi: For BJP leader L K Advani, the government’s proposal of appointing a Narendra Modibaiter as information commissioner was like a red rag to a bull. Advani has protested to home minister Shivraj Patil about the inclusion of former IPS officer R B Shreekumar, who had accused the Modi administration of complicity in the Gujarat riots, among the five nominees to be appointed as information commissioners under the RTI Act.

In fact, the nomination of Shreekumar was the main reason for Advani’s decision to boycott the meeting of the statutory committee, which was to be held by Prime Minister Manmohan Singh on August 21 to select the names for the proposed expansion of the Central Information Commission (CIC).

Since the names of the nominees are meant to be confidential, Advani made no mention of Shreekumar in his August 21 letter to Manmohan Singh seeking a postponement of the meeting. He did however put on record that he had “ s e r i o u s reservations about the a g e n d a ” (which contained the names of the nominees) and that he had c o nv e y e d his objection “orally” to home minister Shivraj Patil.

Though his letter to the PM is couched in the principles of governance, as reported by TOI on August 23, Advani’s objection to Shreekumar in his phone conversation with Patil has made it clear that the proposed expansion of CIC cannot take place unless the government drops the retired Gujarat police officer from its list of nominees.

From the hostility displayed by him, it is evident that Advani sees Shreekumar as an opponent of BJP rather than as a whistleblower who proved his commitment to transparency and accountability by bringing out illegal orders issued by the Modi government during the 2002 riots.

The injection of politics into the appointment process defeats the purpose of Section 12(3) of the RTI Act, which requires the leader of the opposition in Lok Sabha to be a member of the committee to ensure non-partisan selection of information commissioners, who adjudicate appeals and complaints against public authorities.

The government has already shown signs of yielding to Advani’s pressure to drop Shreekumar from its list of nominees. In his response to Advani’s letter, Manmohan Singh wrote the same day that he was open to considering fresh names.

“If you have any names to suggest for appointment as information commissioners, you may like to send them to me early,” PM said to Advani.

On the positive side, since Advani has also endorsed a civil society call to look beyond the pool of ex-bureaucrats, the government is learnt to be considering the possibility of including one or two of the names suggested by RTI activists.