On 8th Anniversary of RTI Act, we salute India’s defending champions

10th October, 2013: On the eve of the 8th anniversary of India’s Right to Information Act, it is worth remembering that this anniversary honours not just a popular legislation called RTI Act 2005, but also the legion of heroes of the RTI movement. Some heroes of this revolutionary movement are iconic. They earned recognition and love for their pioneering work, for kindling a vast grassroots movement by spreading awareness and detailed knowledge of the RTI Act and RTI rules. With zeal and foresight, they created the first generation of people who knew how to draft RTI applications and speak up at appeal hearings. These people in turn mentored thousands of others, and created a huge wave of RTI work for both administration and media. These thousands of nameless, faceless RTI applicants pursuing their lonely quest to hold the administration accountable in every city, town and village, are making government officials less arrogant. They are forcing the government to respect the might of the common man, more than they ever have since Independence.

However, it is worth remembering that the government, parliament and administration are not entirely villains – although sometimes, it may seem that way. Because, to cope with this flood of requests for information, this very government created, within a very short time after October 2005, a vast administrative machinery consisting of lakhs of Public Information Officers, First Appellate Authorities and Information Commissioners.

Remember, in the 55 preceding years of Independent India, most government organizations were represented before the public by one or two Public Relations Officer (PROs). The task of a PRO was largely to respond to the members of the public with a cup of tea and a friendly “no” to any request for information – or, at best, to grudgingly give some sketchy information.

Considering all this, the progress that has been made on both sides of the administrative table since 2005 is astonishing.

Paradoxically, our collective unhappiness with the implementation of Right to Information is largely because this legal right is being used by so many people! RTI Act is giving rise to literally tens of thousands of interactions with various organs of administration, which simply did not exist before 2005.

At first sight, it may seem as though the pent-up fury of 55 years of Independence has been released; there is a flood that is unstoppable. But wait, let us not get carried away by rhetoric. Consider these facts: 

·         GOVERNMENT EMPLOYEES: Roughly half of these RTI interactions (applications and appeals) are of government employees (or former government employees) trying to get their service matters resolved – matters relating to transfers, promotions, selections, pensions etc.

·         AGGRIEVED CITIZENS: The other half of RTI interactions are primarily of private citizens seeking to resolve their own private grievances. Some of these RTI applications and appeals are oblique complaints – complaints ingeniously worded in the form of RTI applications. Other RTI applications are for follow-up of complaints or representations to various government departments, quasi-judicial or even judicial forums. RTI is enabling them to actively pursue their fundamental rights.

·         PUBLIC-INTEREST CAMPAIGNERS, ACADEMICS & WHISTLE-BLOWERS. A small but significant percentage of RTI interactions are concerning matters of public interest. Some people are using RTI systematically to focus on certain aspects of public policy, and they are putting out well-reasoned, thoroughly researched reports to the government. Simultaneously, knowledgeable citizens and political activists, angered by the bad quality of administration, are trying to enforce accountability and expose scams in order to make a point. They are filing complaints, public interest litigations (PILs), and potent media reports. This activity is both revolutionary and subversive. On the one hand, it is pushing the administration to self-correct. On the other hand, it is stoking anti-establishment sentiments by heaping shame on all government and administration authorities, by using its own laws, rules and mechanisms.

The government responds by studiously ignoring these modern-day revolutionaries, and reserving the Padma awards and state benefits for cricketers, bollywood actors and other celebrities. RTI activists are daily doing the thankless job of cleaning up the administration in their villages, talukas, district-headquarters and small towns. Unrecognized, unrewarded but struggling every day, these people are chipping away at bad governance. But we, as a nation, continue to ignore them and waste our admiration on trivial celebrities. Even the common man pays only token respect to RTI activists, often only after they have been assaulted or murdered.

On this anniversary, let us remember the heroic persons whom we may have the privilege of knowing. But more so, let us dedicate it to the nameless and faceless RTI Activist – that man or woman who walks or rides a scooter in sun and rain, and insistently goes to the offices of various public authorities, filing RTI applications, appeals, attending hearings, seeking justice from an unjust and insensitive system.

Every so often, someone raises the question of who is an “RTI activist”, as opposed to a mere “RTI applicant” or “aggrieved person” or “information seeker”. On this anniversary, let us remember that this is largely an imaginary distinction. Right to Information Act 2005 has empowered the common man to question government servants and hold them accountable by corresponding with lakhs of Public Information Officers (PIOs), thousands of First Appellate Authorities, and over a hundred Information Commissioners in various States. The term “RTI activist” generally encompasses the entire civil society movement consisting of lakhs of independent citizens, plus a few hundred NGOs, who are questioning the administration on various issues, public or private.

No two RTI activists are the same. Some are habituated to filing hundreds of RTI applications to a wide range of government authorities on a variety of issues. They unearth hundreds of documents and get them published by the media, throwing light on a wide variety of issues. Other activists drill deep into one or two issues for years. Some activists frequently file first and second appeals, doggedly attend hearings, try to get the PIO penalized, and even try to get thousands of pages of information free-of-charge if the PIO missed his deadlines. Others try to get their individual or collective grievances redressed by using RTI applications as a pressure tactic. Some are neighbourhood watchdogs, supervising the municipality’s garbage-disposal, encroachment-clearance, hawkers, roads etc. Others are RTI trainers, helpers, mentors, webmasters, journalists etc., who find fulfillment by helping other people file RTI applications and appeals.

A defining characteristic of RTI activists is that they are usually leaderless and cannot be tamed. They are fiercely independent and notoriously difficult to organize into hierarchical groups. Generally, they spend money from their own pockets. Unlike NGOs, RTI activists get no government funding or corporate sponsors. They are usually unable to conform to organizational norms of behavior, and hence, cannot form associations or political parties.

Possibly the only common factor that characterizes all RTI activists is that they seek RULE OF LAW – which clearly has been eroded by decades of party politics, influence-yielding, favour-seeking and quid-quo-pro deals. As a rule, RTI activists are trying to get various rules and laws implemented. The constant basis of their actions is to compare laws, rules, norms, manuals, guidelines, circulars and terms & conditions with the administration’s failure to perform on various fronts, especially service delivery, due diligence, vigilance and law & order enforcement.

The RTI movement is an ongoing revolution. It is a statement of the common man’s faith in the democratic system that, though corroded and crooked, still somehow works. It is an authentic grassroots-level Satyagraha movement, that consists of persistently doing the rounds of government offices, seeking information and justice. Despite suffering many defeats and insults from the administration and even the judiciary, RTI activists refuse to quit, refuse to yield to cynicism and pessimism. They refuse to accept the all-pervasive belief that this nation of ours cannot be fixed!

On 12th October, 2013, we will not only salute eight years of RTI Act 2005, but also bow our heads to this massive body of men and women in cities, towns and villages, whose faith in the system just keeps them marching, stumbling along year after year in the direction of good governance. They are the keepers of the sacred flame of India.

Warm Regards,

Krish

            98215 88114      

Mumbai

Maharashtra, Celebrate! This recent Anti-Corrupt GR gives RTI activists huge powers

Friends,

My fellow activists often ask in despair, “After RTI, what? Even if you get documents to expose a corrupt official, what can you do with this information? Who will entertain your complaint?” This is a key question. A Right to Information application will at best reveal the documents that show that a corrupt officer or employee is unduly favouring someone, breaking rules, deliberately delaying matters etc. But what will you do with those papers? Who will take action on a complaint from an RTI activist?

True, one can try for departmental enquiry and disciplinary action, but everybody knows what an uphill task that is. We all have experienced the obstacles that the administration puts in our path – even if we have clear black-and-white evidence.

And so the one and only solution is the Jan-Lokpal Bill, right? And until this comes along, we just have to wait and watch, right?

Wrong!

There is now a mechanism available to people all over Maharashtra. If we use it, it will put the fear of God into hundreds of corrupt government servants, both big and small. Read about the detailed mechanism brought into existence by this Government Resolution (GR), which was passed on 4th February 2011.

· Download Marathi GR from here: http://tinyurl.com/Maha-Anti-Corrupt-GR

Or from here: http://tinyurl.com/Maha-Corrupt-Eradication-Act

· Download the English Translation: http://tinyurl.com/Maha-Anti-Corrupt-GR-English

[The yellow highlighted parts in this file are notes from me to you. Otherwise, this file contains a nearly exact translation.]

Whom should we thank for this excellent and progressive piece of rule-making. I don’t know for sure, but my guess is, Prithviraj Chavan and Anna Hazare. So, three cheers for Prithviraj Chavan and Anna Hazare: Hip-hip-hurray! Jai Maharashtra! Jai Hind!

Look at this GR’s marvelous features:

1) Can punish the smallest government servant to the most powerful IAS officer & top-cop. This GR makes no exceptions for anybody. Corruption, undue delays and dereliction of duty will be punished, no matter who commits it. It confers sweeping powers on the common man, who can submit written complaints as well as oral submissions before the Corruption Eradication Committees.

2) Creates multi-layered anti-corruption structure geographically & administratively spread throughout Maharashtra. This GR mandates the establishment of Committees and Vigilance Squads for Eradication of corruption at Divisional, District and Taluka levels. It sets up a multi-layered Corruption Control-cum-Grievance Redressal mechanism that is geographically dispersed in rural and urban Maharashtra, and spread over different levels of the State administration -- from the Taluka level up to Mantralaya.

3) Consolidation of many anti-corruption & anti-delay GRs. This GR consolidates ten anti-corruption and delay prevention government circulars (GRs) issued between 1996 and 2009. Those 10 old GRs are now cancelled, having been given effect in this one single GR.

4) Accessible & friendly for common man. It establishes a mechanism for accepting written complaints and hearing oral submissions at places that are reasonably close to accessible for the common man i.e. Taluka headquarters, District headquarters and Divisional headquarters. Also, it is supposed to hear not only allegations of corruption, but also those concerning undue delay, irregularities, favouritism etc.

5) Not top-heavy; Spreads the onus for action evenly throughout the administration. It spreads out authority on several ex-officio heads of department such as Deputy Registrar of Cooperative Societies, Superintendent of Police Anti-Corruption Bureau and Chief Engineer PWD. These people bring domain knowledge of the specific field concerning the complaint. They understand the ground realities, and, unlike judges sitting in High Courts, Vigilance Commissions or Lokayukta’s offices, they can go to the spot. It also introduces 5 to 10 civil society watchdog members in each committee. Thus, it is not top-heavy. (One badly-selected Information Commissioner can jam up the RTI system for five years because he has no pressure to perform. But one badly-selected member of Corruption Eradication Committee cannot do the same, because this GR puts pressure on him to perform, like a gun to his head! If he fails to act in 90 days, the complainant can escalate the matter to the next level, and disciplinary proceedings will be recommended against the delaying member of the Corruption Eradication Committee or Vigilance Squad!)

6) System for taking cognizance of Information received under RTI, or from whistleblowers.Specific mention of Right to Information is made in point no. 7. However, it also gives scope for administration insiders to blow the whistle on negligent or corrupt superiors and colleagues.

7) Culminates in Departmental Enquiry & Disciplinary Action. Wherever guilt is established – not only for corruption, but even for undue delay and other kinds of breach of Maharashtra Civil Service Rules -- the case lands in the lap of the Competent Authority for that particular officer. This is the government authority empowered to hold departmental enquiries and initiate disciplinary action. Thus, the punishment (unlike an RTI penalty) will have a lasting impact on the career of officers found guilty.

8) Ample internal checks & balances. The GR puts the onus of investigation and evidence-collection on Vigilance Squads, which consists of A group and B group officers at each district level. These officers are supposed to work under the supervision of the concerned Corruption Eradication Committee. If Vigilance Squad members don’t function properly, or if they become corrupt or drag their feet on some cases, etc., the GR defines 90-day deadlines for investigation and reporting. If deadlines are crossed, the complaint can automatically get escalated to the next higher level, making the corrupt squad members, and also corrupt committee members, eligible for departmental enquiry and disciplinary action.

9) Gives teeth to all existing Rules & Laws (State & Central), and thereby gives teeth to the common man. Maharashtra’s Prevention of Delay in Discharge of Official Duties Act [Read:http://tinyurl.com/Maha-Delay-Prevention-Act ] is specifically mentioned in the GR. So is theMaharashtra Civil Services Rules 1979 (Amended 2008) http://tinyurl.com/MahaCivilServicesRules . However, there are many other rules, laws and guidelines – too numerous to name here. This GR implicitly gives the citizen power to invoke any of these while making a complaint and oral submission!

10) Includes feedback mechanism for complainant. This GR contains provisions that make it necessary for the Committee or Squad to get back to the complainant with its findings and reports – whether guilty or not-guilty.

11) No time limits! People, bring out your old RTI documents showing corruption, undue delays, irregularities, frauds etc. This GR mandates that the Committees and Squads must entertain them, even if one or two years have passed. Because no time-limits are specified for your complaint.

It goes without saying that We, the People of Maharashtra, will have to exercise our ownership of this Corruption Eradication GR in the same way as we have done for the Right to Information Act. Our participation is like the blood running through the veins of all legislations; if we don’t exercise the many rights that this GR gives us, then this system will not come to life. On the other hand, I am fully hopeful if we wake up to this opportunity, and start filing complaints with the relevant Corruption Eradication Committee, we can enliven this system and make it respond to the valid concerns of every citizen.

Personally, I believe that this GR has the potential to add tremendous power to the RTI Act in Maharashtra, clean up the administration and serve as a role-model for the rest of India.

Warm Regards,

Krish

98215 88114

Important Footnotes:

I. In Marathi, this GR refers to the Corruption Eradication Committees at various levels as “Bhrashtachar Nirmoolan Samiti”. A simple google search shows that there are two or three older organizations with the same name or similar names. See these:

(a) http://www.anticorruptioncommittee.com/photo_gallery

(b) http://bhrashtachar.org/

(c) http://www.karmayog.com/ngos/bvjan.htm

However, the term “Bhrashtrachar Nirmoolan Samiti” that this GR refers are not the above mentioned. They will be entirely different committees where the responsibility will be shouldered by government officers, and citizens will play the role of watchdogs.

II. There at other GRs enabling the people of Maharashtra to have government officers punished for corruption, dereliction of duty and negligence. See these.

(a) http://tinyurl.com/Maha-90-days-deadline

(b) http://tinyurl.com/Punish-Corrupt-BMC-officials

Both these GRs (and others also) continue to be in force. They are more specific and targeted, and very good in their own way. Let us use them.

III. This translation was done at the initiative and expense of my colleague G R Vora. At 50 paise per word, he spent over Rs 1,400 for this one GR alone. Towards this and other GRs, he has spent Rs 2,750. See http://tinyurl.com/Vora-translation-Bill1 . In the last 12 months, Vora has spent at least Rs 30,000 out of pocket to support us … and he is supporting many other activists like us! So it will be nice if some kind soul out there helps this brave man shoulder this burden. We badly need to translate many more documents to empower citizens, as Maharashtra government’s GRs in Marathi will otherwise remain an area of ignorance for large numbers of citizens.

IV. I have tried my best to remove all errors in translation. Still, some may have escaped me. (My knowledge of Marathi is patchy, so forgive me.) If you are fluent in Marathi and English, please download this word file and correct the mistakes.http://tinyurl.com/GR-translation-for-correction Kindly colour-highlight the corrections and email the file to us, so that we can promptly update the internet copy of this file.

Krish

Govt servants joining activists in War Against Corruption: a live example

Dear fellow activists,

Hindustan Construction Company evaded making Employees Provident Fund contributions of Rs 4.44 crore between April 2005 and March 2008. See paragraph marked in red on page 29 of this file: http://tinyurl.com/HCCs-evasion

These figures pertain to construction of Bandra Worli Sea Link (details on Page 8-12, and 28), it appears that the evasion is wider. “A huge evasion of membership has been unearthed at all the work areas/sites of the said establishment” i.e. in about 15 places around the country, including three places in Maharashtra, besides Mumbai. See blue-highlighted paragraph on page 12.

According to Section 6 of Employees Provident Fund and Miscellaneous Provisions Act, 1952, “The contribution which shall be paid by the employer to the Fund shall eight and one-third per cent of the basic wages dearness allowances and retaining allowance (if any) for the time being payable to each of the employees (whether employed by him directly or by or through a contractor) and the employees' contribution shall be equal to the contribution payable by the employer in respect of him…” This document suggests that Hindustan Construction Company, headed by Ajit Gulabchand, deliberately did not keep its end of the bargain.

Now someone please ask, How did I get my hands on this internal government document, which pertains to a Vigilance enquiry against a Regional Provident Fund Commissioner? Did I file an RTI application for this?

The answer is, No, not RTI. A central government insider called me and gave it to me after he read my blog, titled “Maharashtra Govt lets Lavasa & Amby Valley piss into Pune’s water-supply”http://tinyurl.com/Pune-drinks-Lavasa-piss He felt that the documents concerning Hindustan Construction Co’s evasion in paying its Provident Fund dues needed to be in the public domain. He wanted to blow the whistle, and he wanted my help in doing so. And so, as promised, here I am, putting these documents in the public domain.

From all this, I am getting the feeling that large numbers of government servants are eager to ally with RTI activists and civil society members in exposing corruption and wrongdoings. We just need to reach out to these government insiders and whistleblowers, and encourage them to join hands with us. If we build a relationship of trust, I think hundreds of skeletons will start tumbling out of government cupboards. And when the government sees that its own employees have joined the war against corruption, things will change a lot more rapidly.

Mr Prime Minister Sir, are you listening? Are you reading the writing on the wall?

Warm Regards,

Krish

98215 88114

Ab Tak 20: Attacks on RTI Activists Continue

1. 20th July: Amit Jethwa murdered
Right to Information (RTI) activist Amit Jethwa was killed on Tuesday evening near the Gujarat High Court by unidentified men. Ahmedabad police official said that some unidentified men on a motorcycle fired at Jethwa killing him.

Jethwa was reportedly coming out of a building after meeting his lawyer and about to enter his vehicle when he was fired upon. Even though he was hit in the abdomen by the bullets, he tried to grapple with his assailants, who fled from after leaving behind their motorcycle. Police inspector HM Kundaliya said Jethwa died on the spot after he was shot. "His body was being sent for postmortem and search for the assailants was on," Kundaliya said.

He had filed several petitions in the Gujarat High Court against the forest department and had also filed a a public interest litigation (PIL) on the illegal mining in the Gir forests of Junagadh district which is considered the last abode of Asiatic lions in the world.

Jethwa was also the president of Gir Nature Youth Club.

Other isues taken up by Jethwa: A Director (Class-I), Forest and Environment Department [equivalent to rank of Additional Secretary of Govt. of Gujarat] was promoted through blatant violation of rules of promotion in the year 2003 on adhoc basis. He continued on this sensitive post, until he was removed on 15-06-2010.

Amit B. Jethwa of Khambha village and president of Gir Nature Youth Club [environment NGO] believed that this officer was not eligible for such an important post relating to environment protection, should continue to it. He filed RTI applications with Govt. of Gujarat and Gujarat Public Service Commission and collected all papers and information relating to his promotion. Based on this, he tried to persuade State Govt. to post an eligible and competent person for protection of environment. He knew that entire belt consisting of Baroda, Ankaleshwar, Vapi is engulfed with dangerous chemical pollution and its disaster would be 100 times worse than that of Bhopal.

Jethwa filed petition No. SCA No. 3949 of 2009 under article 226 for quo-warranto writ, in Hon'ble High Court of Gujarat in June 2009. On 15-06-2010 Hon'ble Court issued writ and ordered State Govt. to remove that officer from the post as his promotion was illegal and against rules. Application by concerned officer to stay operation of this order to enable him to appeal in higher court was also declined by the Hon'ble Court.

Through his writ petitions, Jethwa was also instrumental in:

a) Getting two additional Information Commissioners posted in Mar 2010 at Gujarat Information Commission.

b) Compelling State Govt. to include postal order as mode of payment for RTI fees/charges in March 2010 through a writ.

c) Filling up the post of Lokayukta in Gujarat, which had been vacant since 2003.


2. April 1, 2010 -- Advocate Abhay Patil’s home attacked:

Abhay patil from Pachora Taluka, Jalgaon district, Maharashtra is the former taluka president of youth congress and a social and RTI activist. His wife Varsha is a woman police constable in Pachora. On 1/4/2010, about 10.30 pnm, a mob of 15-20 persons came their house house and attacked their door, calling Abhay to come out. When Varsha phoned the police station, they asked her to come to police station and lodge a complaint. The mob was demanding that Abhay should withdraw all complaints of corruption against Dilip Wagh, MLA (Rashtrawadi) about muncipal council and educational trust.

After half an hour, the mob went away, and then the police came, and the terrorized couple moved to a friend’s house for the night. Varsha’s contention is that although she complainted the next day, home minister RR Patil used his powers to “interfere” in her complaint. Later on, a false complaint was lodged against her, and with the intervention of R R Patil, orders were given for her suspension. On a later date, Abhay’s father’s car was also attacked at midnight.

Read Abhay’s RTI application and appeals here: http://www.box.net/shared/q9b809e6lf

Adv. Abhay Patil, 9423161993



3. May 31: Datta Patil killed:
Datta Patil of Ichalkaranji, Kolhapur district, Maharashtra was found dead on 22 may. The motive behind Patil’s murder could not be anything other than being exposed of the corruption by the government employees through RTI.

4. April (date uncertain): RTI activist Vitthal Gite killed

An RTI activist who had exposed irregularities in a Maharashtra village school has been killed in a clash between two groups. The activist was seriously injured when the rival group, led by the son of the educational society that runs Sainath Vidyalaya at Waghbet villager in Beed, attacked him on Sunday. RTI activist Vitthal Gite (39) was a farmer and a flour-mill owner. Gite, along with another activist, Brijmohan Mishra, had sought information under RTI Act and exposed irregularities in the functioning of a few other schools in the village as well.

The rival group, which inflicted serious injuries on the activist, was led by the son of the president of the educational society that runs the school, Sainath Vidyalaya. The alleged irregularities in Sainath Vidyalaya were published in a local newspaper, which led to the clash between the two groups in which Gite was killed. The police, however, said ‘‘old enmity’’ between the two groups had triggered the clash.


5. July 16, Mumbai: RTI activist Ashok Kumar Shinde beaten up.
Ashok Kumar Shinde was beaten up by some unknown people for his RTI followed by a PIL against Public Works Department officials making money on the pretext of repairs in Bombay High Court premises. Shinde was attacked right outside the Public Works Department building in Mumbai on Wednesday. Shinde had earlier taken on the PWD with a string of RTIs and a PIL and alleged that PWD officials had illegally made around Rs 24 crore, in the name of repairs at the Bombay High Court premises. "They have indulged in corrupt practice and made money in the High Court project. I found this out by using RTI," says Shinde.
Shinde alleges that the attackers threatened to kill him.
"I was threatened that if i did not drop the cases against the High Court and the PWD, they would kill me," he claims.
The attack on Shinde is the latest among the increasing number of attacks on activists in the state. Mumbai Police registered an FIR.
6. Murderous attack on Environmentalists Sumaira Abdulali & Naseer Jalal, and TOI Journalists. Maharashtra, March 16.

On March 16, the sand-mining mafia which is choking Bankot Creek – a rich mangrove habitat for migratory birds, crocodiles and marine life in Maharashtra’s Raigad district -- attacked environmental activists Sumaira Abdulali and Naseer Jalal, and a team of journalists from The Times of India, when they visited the creek on Tuesday afternoon to report on the rampant illegal activities.

After a 10 km high-speed chase on a twisting ghat road, Sumaira’s vehicle was rammed by an LCV as it entered the highway, and immediately surrounded by three other vehicles. In the presence of a traffic cop, 15 to 20 people smashed the vehicle’s rear window, the side mirror and side window. They then tried to snatch the camera from the TOI photographer but failed. The mob threatened to kill local activist Jalal who was in the vehicle and asked Abdulali not to visit the area again… or else.

Cops reached the spot after being phoned by the TOI office, but the attackers continued to threaten and abuse the team of journalists and environmentalists; they had spent Rs 28 crore “buying the creek’’ and nobody could stop sand-dredging there, the mob said.

Cops then escorted the team to the Mahad police station, four kilometres away, where police officials filed an FIR and booked the accused for attempt to murder, criminal intimidation and rioting. The Mahad police registered a case of attempt to murder, criminal intimidation and rioting. Shockingly, they did not arrest the accused who were present at the police station from 3 pm to 9 pm. One of the accused, present in the mob, was the local MLA’s son. At 9 pm, Sumaira and her colleagues were hurriedly ushered out of the police station as the MLA came in. The accused are now said to be “absconding”.



7. Police raid on the house of Journalist Dandapani Mohapatra. Orissa, March 11.

On 11th March, while Mr Mohapatra was away in some meeting, violating all procedures, the police raided his house for nearly six hours ransacking all his belongings and not even allowing his ailing wife and children to take their food. The police had not given a copy of any search warrant to his family members, nor stated any reason for the raid. As per Mr Mohapatra the police took away a number of old journals such as Ghadaghadi, Inquilab and Marga O Chinta – none of which is proscribed by the government – without giving a seizure list, which is mandatory. Strangely, the police took the signatures of Mr Mohaptra’s son and that of the local Sarpanch on a number of plain sheets of paper. After raiding the house, the SDPO Chhatrapur threatened him on the same day in the evening asking him to come to the Police station by 15th of March or face the dire consequences. No criminal case is said to be pending against him under any allegation.

It is believed that the intention of the police in raiding the house of Mr Mohapatra was to terrorize him and suppress his dissent, which he has been expressing through his writings continuously for many years. He is the General Secretary of Dakhshina Odisha Sahitya Sammelani, a literary organization. He was publishing a satirical magazine called Ghadaghadi between 1984 to 1990. Currently, he has been writing for a weekly tabloid called ‘Sahanamela’.

The police seem to have told the media that the raid was undertaken due to suspected Maoist links.

8. FIR on Journalist Dr E Rati Rao. Karnataka, March 5.

Dr E Rati Rao, Vice-President of PUCL-Karnataka and Vice President of the All India Progressive Women’s Association (AIPWA), a senior scientist and activist with many decades of standing in the women's movement, the civil liberties movement, and campaigns against communal violence and caste atrocities, has been charged with sedition by the Karnataka police. The FIR against her implies that in Karnataka, defending secularism, opposing atrocities against dalits and minorities or fake encounters, and organising marginalised communities for struggle amounts to 'sedition.'

Dr. Rati Rao was Editor of an in-house PUCL-Karnataka Kannada language bulletin (called PUCL Varthapatra)– and it is this bulletin (last published in 2007) that is the supposed basis for the charges of ‘sedition’. The FIR against Dr. Rati Rao accuses her of publishing the PUCL bulletin that is “favoring naxals and Muslims and is propagating that the police are killing innocent people in the name of encounter”; that “calls upon dalits, women, minorities, farmers and adivasis to build organizations in order to fight for their rights”; that “accuses the Sangh Parivar in Karavali (coastal Karnataka) of indulging in false propaganda and fueling communal disharmony” and “calls upon the secular forces to raise their voice against such spread of communal hate”; and “by raising such issues incite and spread intolerance, disbelief, discontent amongst the public”; that “in the name of doing good to the dalits, women, minorities, & adivasis the said bulletin is spreading false information against the casteist & communal Government…It is propagating intolerance, disbelief, and discontent amongst the Government officials.” The sections under which Dr. Rati Rao has been booked are Section 124 A (Sedition), Section 505 (False statement, rumour, etc., circulated with intent to cause mutiny or cause communal discord) and sections of the Press Act that relate to knowingly spreading false information.

The PUCL Bulletin in question had discussed the attacks on the Christian community in Karnataka and had indicted the Government for failing to do enough to protect the minority community.

9. Murderous mob attack on Muzaffar Bhat & eight others, followed by FIR & arrest. Jammu & Kashmir, February 27

Dr Muzaffar Bhat, Convener of J&K Right to Information Movement and 8 other colleagues who had organized an RTI awareness programme in Branwar had all the tyres of their vehicle punctured during their overnight stay in that town. After they had their tyres repaired in nearby Chadoora market, they were murderously assaulted by a mob of 20 persons, and rescued in the nick of time by CRP and police personnel.

However, when the activists complained to the police, the police booked them instead, based on motivated charges leveled by Rashida Begum w/o Chaudhury Saifuddin of Branwar, who is also Halqa President and affiliated with the National Conference in the area. The activists were booked for rioting and house trespass, assault and theft (stealing gold ornaments) in FIR No. 42 of 2010 registered at Chadoora Police Station. Five activists were arrested and detained in custody over the weekend, namely Mushtaque Ahmed Mir, Abdul Rehman Bhat, Bashir Ahmed Lone, Nazir Ahmed Ganai and Mohammed Sadiq. Muzaffar, Dr. Sheikh Ghulam Rasool, Latif Ahmed and Ashik Ahmed applied for anticipatory bail. Thus, victims of the attack are being further victimized by the police, while those guilty of the attack are at large.

Detailed story: http://blog.jkrtimovement.org/?p=1732

Contact: muzaffar@jkrtimovement.org , 94195.62190



10. Murder of Shashidhar Mishra. Bihar, February 14

On Feb. 14 in Bihar, well-known RTI activist Shashidhar Mishra was shot dead by unidentified gunmen on motorcycles at the entrance of his home. He had been working to expose local welfare schemes.

11. Murder of Vishram Laxman Dodiya. Gujarat, February 11.

Vishram Laxman Dodiya of Ahmedabad had filed an application under RTI to get details about the illegal electricity connection by Torrent Power. He could not get any information. On February 11, 2010 he was found murdered, shortly after meeting with the company officials. Three people were arrested in the case. His son is yet to receive the information under RTI.

Contact: Harinesh Pandya, Mahiti Adhikar Gujarat Pahel (MAGP) magpgujarat@gmail.com 079-26821553/0719



12. Murderous assault on Ajay Kumar & colleague, followed by false FIR. New Delhi, January 12.

When Ajay Kumar asked New Delhi authorities later in 2009 why Municipal councillor Satbir Sharma had authorized the construction of private houses and shops on public land, he didn't imagine the question would land him in the hospital with a fractured nose.

Mr Kumar was stonewalled by the public information officer at the Municipal Corporation of Delhi, so he appealed to the Central Information Commission, which directed the MCD together with the police to jointly inspect the property. However, only two persons were allowed to come and inspect. Accordingly, Mr Kumar, who is General Secretary of an NGO, Public Grievance and Welfare Society, Kishan Ganj, went with his colleague Manmohan Gupta on January 12… only to find themselves surrounded by a mob.

"Neither the police nor the MCD officials helped us," says Mr Kumar, who was beaten in the head repeatedly by an iron rod, leaving him unconscious and bleeding profusely. Society president Surinder Puri said, “The police registered an FIR on January 18, after we took up the matter with the Chief Metropolitan Magistrate. But to our horror, we found that on January 12, they had filed a false FIR against us in connection with a weapon – a loaded katta (countrymade gun) supposedly found in our car.”



13. Priyanka Borpujari & other Mumbai journalists assaulted, followed by FIR. Chhatisgarh, January 6

Priyanka Borpujari, a journalist from Mumbai, and her colleagues, were physically assaulted by locals and by police in Dantewada, Chattisgarh. Her camera was forcibly snatched away, they were detained overnight and a motivated FIR was lodged against them with charges of dacoity etc. More details at http://priyanka-borpujari.blogspot.com/2010/01/from-detention-drama-to-dacoit.html

For details, contact: Priyanka Borpujari aa.priyanka@gmail.com 9820741992

14. Murder of Satish Shetty. Maharashtra, January 13

Social activist Satish Shetty (39), who had blown the whistle on a series of land scams in and around Talegaon, Lonavala and Pimpri-Chinchwad near here, was brutally murdered near his residence at Talegaon-Dabhade. Shetty was on his morning walk around 7am when he was attacked with swords and sharp weapons. An anti-corruption crusader for the last 15 years, Shetty had used the RTI Act to expose the irregularities in government offices. He had exposed many land scams in and around Talegaon, besides the setting up of restaurants and marriage halls in residential zones, selling in the black market of kerosene meant for distribution through ration shops, etc. Shetty’s murder is a major embarrassment for the police as he had demanded police protection after having received threats to his life.
For details, contact: Sandeep Shetty 99603 86681 or Vijay Kumbhar 99232 99199

15. Firing outside Nayana Kathpalia’s house. Mumbai, January 8.

Two assailants barged into the Swastik building opposite Oval Maidan in Churchgate at 6.45am and fired a round with a country-made revolver outside Nayana Kathpalia’s first-floor residence. The 65-year-old co-convenor of the NGO Citispace, who has been fighting for open spaces in the city, escaped unhurt. “The two men entered the building to kill Kathpalia. In the absence of a watchman, one stood near the gate while the other went to her house and opened fire after Kathpalia’s domestic help Soma China, 28, opened the grilled security door. The panicked assailant fled immediately,” said an officer from the Marine Drive police station. “While an additional bullet was found outside the house, the gun lay abandoned under a tree outside the building. The police have registered a case under section 307 of the IPC and under various sections of the Indian Arms Act.”

The officer said that the dog squad, deployed after the incident, led the police to a restaurant next to the sessions court opposite the Maidan.

The NGO has been targeted for its relentless protests against Slum Rehabilitation Authority (SRA) scheme being implemented on open spaces and their opposition to hawkers.

Five other incidents of attacks whose dates need to be researched:

16. Attacks on Kheema Ram

17. There have been many attacks on Kheema Ram, a member of India's Dalit or "untouchable" communities, who has filed over 400 RTI applications. The 35-year-old father of three, who lives in rural Rajasthan want to use the law to fight this discrimination. Using RTI, Kheema has outed the manager of a cooperative bank who embezzled funds and fought for equal pay of male and female manual laborers. But it hasn't been without risk. Kheema Ram has been attacked over two dozen times.

17. Mohit Sharma threatened

In New Delhi, two MCD engineers assistant engineer Umesh Singh and executive engineer B M N Rao were arrested in northeast district after they allegedly threatened an activist who had filed an RTI application seeking details of illegal construction in Shahdara (North). The two had gone to the house of the complainant Mohit Sharma in Dilshad Garden and threatened him.

18. Sola Ranga Rao murdered

30-year-old Sola Ranga Rao of Andhra Pradesh, an RTI activist in Krishna district, was found murdered near his house because of the RTI application he had filed with a district office regarding funding of the village's drainage system. Even the information commission suspected the involvement of the public information officer (PIO) of MPDO in Ranga Rao's alleged murder.

19. Arun Sawant shot dead

Two men shot and critically injured RTI activist Arun Sawant at Badlapur, Thane. Sawant had gone to the Badlapur Municipal Council (BMC) to file an RTI application. The shooting happened on his way back, at around 1.30 pm, on Katrap Road, which was 100 meters from the Council office.

20. Venkatesh of Eranapalyta

RTI activist Venkatesh of Eranapalyta was supari-killed by Lohit Raja alias T C raja . Police first thought Venkatesh was killed in an accident but the post mortem report revealed it was murder. Venkatesh had sought information under the RTI Act regarding encroachment of government land in Jnanabharathi. This angered some people involved in land grabbing there and to eliminate him, they paid Lohit Raja. Police said Raja and his associates murdered Venkatesh and made it look like an accieent. But when the post mortem revealed it was murder, the case was handed over to the CCB which arrested Raja later on.



Older Incidents

21. 19th May 2009: False charges were slapped upon 10 RTI activists by Maharashtra’s Chief SIC Dr Suresh Joshi (and also Marine Drive Police Station), when they visited his office to request him to implement the Act in proper manner, give reasoned orders, penalize PIOs etc. They were imprisoned for 48 hours at Azad Maidan Police lock-up and in the dreaded Arthur Road Jail. They were charged with trespass, intention to hurt, rioting and preventing a public servant from doing his duty (IPC Sections 143, 145, 146, 448, 452 & 353), when in fact they only had sung the National Anthem in the course of a 5-minute meeting that the Commissioner granted them at the end of the day. Read detailed account: http://www.box.net/shared/fgmlpfn0pe

22. 18th December 2007: Thirteen RTI activists were arrested in Palakkad when Kerala’s Chief State Information Commissioner Palat Mohandas was visiting there. The RTI activists were distributing leaflets on how improperly the RTI Act was implemented in the state. They were imprisoned by DSP Viswanathan and charged (C.R. No. 389 / 07) at Town South Police Station under IPC Sec. 143, 188 and 149. (i.e. unlawful assembly and disobedience of an order given by a public servant etc.) These activists are now being repeatedly dragged to court.
Read detailed account: http://www.box.net/shared/dlii0yynak



THE NUMBERS CONTINUE TO MOUNT. WHAT ARE WE GOING TO DO ABOUT THIS? Are we going to be content with signing online petitions? Or are we capable of ramping up our actions? Please remember, by doing so, we will not be acting altruistically, we will be acting in enlightened self-interest.

Let us go beyond just signing online petitions, sending letters of support and holding meetings. Let us organize at least a one-day protest this Sunday in support of all such people, who have been under attack from both anti-social elements and the police / administration.

What kind of protest? Let us think hatke. Also, think nationwide.

Here is one idea: On Sunday, for 24 hours (say 8 am to 8 am), we walk up and down the streets of our own cities wearing black clothes, handcuffs and mouth-coverings of the sort that Jain monks wear. We carry placards that says, "Citizens who seek Truth are under attack by goons and police in all states of India."

Wherever we feel tired, we sit down and rest -- even if it is on a footpath. If the police asks us to move, we move. In the evening, we ask aam janta / supporters to give us candles, which we light at various places -- walls, street corners, gates etc. and we go around all night till 8 am.

And we distribute pamphlets, give people copies of letters to the Chief Ministers of these states, along with postage stamps and envelopes (for which we charge money to meet costs). we ask people to sign, seal and post these letters. Alternatively, we can post them. Hopefully, we can get such letters signed and sent in the hundreds.

Can we all do this in various cities, this Sunday, next Sunday... and maybe the next? In this way, we can try to build public opinion and media glare on the entire issue of oppression of RTI activists.

Warm Regards,

Krish

Anti-Corruption Act Abridged & Simplified for RTI Activists

After many months and years of battling for information, activists sometimes succeed in uncovering documentary evidence of corruption. But then they are left wondering, “What next?” How to use these hard-won documents for seeking justice? There is a shortage of suitable forums for punishing corruption and criminal misconduct of public servants. Going to high court with writs and PILs is our last option, not our first; before we do that, we are required by law to exhaust all the other remedies, especially police complaints.

Read & understand SIMPLIFIED & ABRIDGED Prevention of Corruption Act 1988:
Originally 6045 words, we reduced it to 3,324 words, and made sentences short and easy.

After Bombay High Court’s order in September ‘09 order, The Prevention of Corruption Act (PCA) 1988 is available to us in Maharashtra. A home department circular that made it ineffective has been stayed, and will probably be quashed. PCA now enables us to register FIR with Anti Corruption Bureau (ACB) and start prosecuting corrupt officials. ACB has a special duty to take action in such matters.

The reader-friendly website of ACB Maharashtra gives plenty of contact details, and promises actions within a clear timeframe. Similar links are available for ACB in other states also. Worth trying!

Plus points of Prevention of Corrupt Act 1988:
1) It gives a wide scope to the concept of “public servant”. The term includes judges, arbitrators, election officials, employees of public corporations, selection committee members and anybody in the “service and pay of local authority”, office bearers of cooperative societies of various kinds, and recipients of government funding. It is applicable to Information Commissioners and other quasi-judicial authorities.

2) As PCA 1988 includes judges and judge-like authorities, it seems to nullify some of the wide protection to judges under Judges Protection Act 1985.

3) It also gives wide interpretation to “gratification other than legal remuneration” and “criminal misconduct”. Thus, it is not necessary to prove that a public servant actually sought a bribe in cash, or was actually given. It is enough to show that undue favour or disfavor (or undue service or disservice) were given or sought to be given.

4) It spreads the net wide by including abetment of the offences and conspiracy, and thereby includes private parties such as touts and dalals, besides superiors, colleagues and others who assist indirectly and collude in the corrupt practices.

5) It has provisions for granting immunity from prosecution to bribe-givers or bribe-takers who turn into whistle-blowers and assist in the prosecution.

6) It provides for a summary trial, and restricts the scope for appeals before higher courts.

7) Offences under this Act will be tried by a Special Judge with special powers to attach the offender’s properties etc.

8) It mandates hearings on a daily basis.

Limitation of PCA 1988: After FIR is registered and after the police investigation is complete, the prosecuting authority ie. Anti Corruption Bureau must seek approval from the State or Central Government, or from competent authority, to prosecute the corrupt official. According to ACB Maharashtra website, this approval requires three months… But that is not such a long time, is it?

My friends have a saying about such things: Lag gaya toh teer, nahin toh tukkah. We have everything to gain from trying to get an FIR registered under PCA 1988, and we have very little to lose. So let us try our best.

Warm Regards,
Krishnaraj Rao [sahasipadyatri.AT.gmail.com]
98215 88114

PS: We will shortly publish easy formats and guidelines for drafting complaints to Anti Corruption Bureau, for getting FIRs registered.