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

Mumbai Mirror: A new way to ‘stamp’ out Adarsh corruption

Activists putting stickers with photos of CM, netas on South Mumbai pavements for people to kick, spit on them

Has the Adarsh CHS scam left you angry and frustrated? A bunch of activists are offering the more disgruntled amongst you the chance to express that anger by stepping on, spitting and kicking those involved in the scam. Over 1,000 stickers with photographs of the tainted politicians and bureaucrats have been printed and will be plastered on South Mumbai pavements.

Each sticker comes with the messages: “I stole your land in the name of war widows,” “Spit on my face” and “Walk on my face”. The protesters, led by RTI activist Krishnaraj Rao claim, once pasted, these stickers which cost the protestors Rs 5 apiece, will not come off easily.

For complete news pl visit:

http://www.mumbaimirror.com/article/2/2010110620101106033548758daf4ecbf/A-new-way-to-%E2%80%98stamp%E2%80%99-out-Adarsh-corruption.html

YP Singh to expose SIC Ramanand Tiwari with documents

The fraud and corruption of Ramanand Tiwari – currently State Information Commissioner and formerly IAS officer in Maharashtra state administration – is a story in its own right. Eminent lawyer Y P Singh will tell Mr Tiwari’s story tomorrow to a gathering of activists and journalists, along with documentary evidence.

Venue: Press Club, Azad Maidan, Mahanagarpalika Marg

Date & Time: Tuesday, 9 November, 3 pm

Organizers: RTI Activists of Jana Gana Mana Group

You are cordially invited with friends.

Regards,

Krish

98215 88114

Mission accomplished with Anna Hazare, now fasting in Mumbai Khar West

Dear friends,

Annaji has moved into the battle for transparent selection of State Information Commissioners. The district and taluka level presidents of his various organizations were asked to send strongly worded faxes to CM, Deputy CM, Governor and leader of opposition demanding scrapping of this selected batch, and proper procedure for future selections. Simultaneously, Anna has dispatched a strong letter to CM, Dy CM etc: http://www.box.net/shared/mzygqg0lvc ), besides giving TV interviews on IBN-Lokmat to the same effect.

So my work in Ralegan Siddhi is over and I have returned to Mumbai this morning. Couple of post-return photos here: http://www.box.net/shared/cl995b8na8

However, the appointment of the present batch is yet to be cancelled by the Governor. And so my fasting continues. Thanks to support from activist Anandini Thakoor & friends, I shall continue my fast at the below address:

Courtyard of Khar Library,

(Next to Café Coffee Day),

Chitrakar Dhurandar Marg,

Khar West

(5 minutes walk from Khar Rly Stn)

I shall be there at this location 9 pm onwards tonight.

I am yet in good health and fine spirits. So I invite you to meet me here, enjoy some fine conversation (not necessarily about serious stuff) and even stay the night with me to show your support. Arrangement for beds on floors will be made, I’m told. Feel free to call and discuss ;-)

Warm Regards,

Krish

Fast-unto-death : Protest to Governor.

8.10.2010

Dear friends,

I am writing on behalf of RTI activist - Mr Krishnaraj Rao.

A gentle reminder : RTI activist - Mr Krishnaraj Rao is in the third day of fast-unto-death at Ralegan Siddhi (in Gandhian Shri Annaji Hazare's Ashram in Ahmednagar District of Maharashtra). Link to the pics are enclosed below.

As you may be aware, Mr Vilas Patil has been selected yesterday at 9 pm as the Maharashtra's new Chief Info. Commissioner. (In addition to three other Info Commissioners - for Nashik, Nagpur and Aurangabad.)

This appointment will be done by the Maha. Governor in the coming days. So now we need to pressurise the Governor - Mr K Shankarnarayanan to not go ahead with this non-transparent selection of the Info. Commissioners.

Let's send our faxes / phonograms / e-mails etc. to the Maha. Governor stating :-

“Do not appoint Chief State Information Commissioner and other Info Commissioners selected through non-transparent process. Closed door selection of SIC without criteria, rules and procedure is totally against the spirit of the RTI Act. It was known many days before the selection committee meeting that Mr. Vilas Patil was the favoured candidate for this post. How can a former bureaucrat, who is the Govt’s favourite, order the disclosure of embrassing Govt documents to the RTI appellant. It defies logic."

Or send a one-liner to the Governor stating :--

“ Do not appoint as C-SIC and other Info Commissioners selected by non-transparent process."

The name and contact details of the Maharashtra 's Governor is :--

Mr K Shankarnarayanan,

Governor of Maharashtra,

Raj Bhavan,

Malabar Hill,

Mumbai - 400035.

Ph :-- (022) 23632343

Fax :-- (022) 23630878

E--mail : rajbhavan@maharashtra.gov.in

Link to the pics of RTI activist - Mr Krishnaraj Rao on the second day of the fast-unto-death at Ralegan Siddhi :--

Link: http://www.box.net/shared/fpshmskyz3

Krishnaraj Rao - Cell : 09821588114)

Please act now to halt this illegal process of Info Commissioners' appointments.

Regards.

Five Years of RTI: Battle for Information - Part 1

Though the RTI Act came into force five years back, the government officials supposed to follow the RTI Act in letter and spirit try their bets to avoid providing information. Dainik Jagran, Aligarh, is coming out with a series on the state of implementation of RTI Act.

The following news clipping published in Dainik Jagran (5th October 2010) is first Part of the series and highlights the ongoing battle of information seekers. It shows how Aligarh Muslim University (AMU) avoided providing information to former Member of Parliament (Rajya Sabha) Mr Wasim Ahmed, when he asked for a copy of the Audit Report on financial mismanagement at AMU, prepared by the Principal Accountant General, Uttar Pradesh.

It also shows how AMU has provided misleading information to RTI Group member, Dr Mohammed Naved Khan, when he sought information on withholding of Grant by UGC on account of financial irregularities committed by AMU.