The curious case of missing report on KU exam controller’s death

Kashmir Reader: Junaid Bazaz : Srinagar: Wednesday, March 9, 2016

KaDr Abrar’s son has vainly been struggling for the past 11 years to get a copy of the report investigating his father’s accidental death in 2004; State Information Commission has not helped either

The University of Kashmir has no record of an investigation carried out by a panel of academics in the accidental death of then controller examination Dr Abrar Khan, in 2004. When Dr Abrar’s son tried to access a copy of the probe report under the Right to Information Act, he was told the record is missing.

And to cap it all, the State Information Commission, has not taken the varsity authorities to task for misinforming it about the non-existence of the probe report and then delaying a reply to the application of the deceased’s son Faizan Khan.

Faizan had vainly tried to get a copy of probe report for eight years. He then filed an RTI application in 2012. He was asked to ‘wait and cooperate’. He finally complained to the first appellate authority and then went to the SIC.

“The KU told the SIC that it has been searching for the report. Later, it said no investigation had been ordered into the death of my father. After these contradictory statements, professor Nisar Ali, who was leading the inquiry and ex-registrars and other university officials wrote to the SIC that an inquiry had been constituted by the KU and nailed the lie,” Faizan told Kashmir Reader.

In subsequent hearings before the SIC, KU officials said the probe report has gone missing.

“Then VC Professor Abdul Wahid Qurashi accepted that the report had been submitted. Mehraj-u-din, the current VC of the Central University, was KU’s registrar when the report was filed. Before the SIC he too agreed the report had been submitted. But later registrars, Zafar Reshi and current registrar professor Musadiq Amin Sahaf said the report was missing,” Faizan said.

The SIC expressed its inability to extract information from the KU, when it said that it was constrained not to issue any direction to the KU for making such information available.

“If all of them accepted report was submitted, the question arises, where has the file gone then? Despite these facts SIC in its final report says that that it did not prove there was any deliberate or malafide attempt by the KU to suppress the information,” he added

The SIC report has observed the report was handed over to the highest authority of the University not in accordance with the standard procedures of record management.

“As the enquiry was conducted under written orders of the Vice Chancellor, the report was also to be handed over in writing after duly diarizing the same and obtaining a receipt,” the report said.

“The then Vice Chancellor should have also ensured that even though he received the report in person in his office chambers, it should have been ensured that it is duly and properly diarized and marked to any concerned authority for taking further necessary action. All these elements in this case are missing.”

However, Faizan said Dr Nisar had provided the dispatch number of the report but KU dismissed it citing reasons that it did not match with its dispatch records.

“I am fighting the case for the past 11 years. I did not get anything. But I will knock at every door to find the cause of my father’s death,” Faizan said.

In Assam, 349 cases pending against politicians.

Sentinel Assam : Guwahati : Wednesday, March 9, 2016.

With assembly elections round the corner in Assam, politicians belonging to various parties are gearing up to represent the people. For the voter, the time is nigh to choose the right candidate. But the question arises — how many politicians girding loins to represent the people, really have clean records in the first place?

As many as 349 cases are pending against political leaders in the State. What is more worrisome is the fact that despite Supreme Court directives, the Assam police have so far failed to complete investigation in many of these cases.

Highlighting this, RTI activist Dulal Bora on Tuesday slammed the Assam police for its ‘failure’. Addressing a press conference at Dispur Press Club, Bora said, “On July 24, 2015, the Additional Director General of Police (Prosecution) wrote a letter to the Commissioner of Police, Guwahati and the Superintendents of Police of Barpeta, Nagaon, Morigaon, Hojai, Kamrup Rural, Baksa, Biswanath Chariali, Karimganj, Kokrajhar, Golaghat and Sonitpur asking them to fast track cases against sitting MLAs and MPs. In the letter, the ADGP (Prosecution) also asked them to complete the investigation with proper supervision with 90 days from the date of issuance of the letter.”

However, the police failed to act on it and only a negligible number of cases were disposed off while 349 cases have remained pending.

Some of the prominent politicians with cases pending against them include Chief Minister Tarun Gogoi, Himanta Biswa Sarma, Rakibul Hussain, Atuwa Munda, Ajit Singh, Prasanta Phukan, Jatin Mali, Majendra Narzary, Bijoya Chakraborty, Pradip Hazarika, Ataur Rahman Majar Bhuyan, Mazibur Rahman, Rupjyoti Kurmi, Akon Bora, Nilomonisen Deka etc. It may be mentioned that last year, the Supreme Court issued instructions to fast track cases against sitting MLAs and MPs and asked police departments to take necessary action.

60 Uttarakhand MLAs Fail to Declare Assets: AAP Demands Action

The New Indian Express: Dehradun: Wednesday, March 9, 2016.

Aam Aadmi Party today demanded action against 60 Uttarakhand MLAs, including Chief Minister Harish Rawat and opposition leader Ajay Bhatt, for not declaring their assets as required by law.

A day ahead of Uttarakhand Assembly's budget session, AAP leader Anoop Nautiyal wrote to Uttarakhand Assembly Speaker Govind Singh Kunjwal, accusing 60 of 70 MLAs of not declaring their assets and demanded action against them.

"An RTI query reveals that 44 out of a total of 70 members of the current Assembly never declared their assets before the Speaker since their election in 2012 while 16 other legislators, including Chief Minister Harish Rawat, his predecessor Vijay Bahuguna and Leader of Opposition in the Assembly Ajay Bhatt, did not declare their assets in 2014-2015," Nautiyal said in the letter.

Contending that declaration of assets by MLAs within three months of their election to Assembly and then, on an yearly basis in June is mandatory as per Ministers and Legislators (Publication of Assets and Liabilities) Act 1975, Nautiyal said it was gross violation of Election Commission guidelines and demanded that membership of violating MLAs be terminated.

"It is unfortunate that it will probably be the last budget session of the state Assembly before it goes to polls again early next year and yet 44 out of 70 MLAs have still not declared their assets while 16 others including CM and his predecessor did not submit the document in 2014-2015.

"Membership of legislators who have not yet declared their assets must be terminated," AAP's Pradesh Working Committee president Nautiyal said.

Terming it as a gross violation of the Election Commission guidelines, Nautiyal had recently written to the EC asking it to hold an inquiry into the findings thrown up by an RTI query and act against all MLAs if found guilty.Uttarakhand Assembly's budget session begins tomorrow.

Ex-BJP chief minister: Why is Gujarat govt afraid of releasing findings of inquiry into corruption under Modi?

Counterview: Ahmedabad : WWednesday, March 9, 2016.

Amidst fresh charges of misappropriation flying high against Gujarat chief minister Anandiben Patel over giving away land off Gir lions sanctuary in Junagarh at throw away price to partners of her daughter, Gujarat's civil society groups have put up a strong demand to make public findings of the MB Shah Commission, set up in 2011 to investigate into allegations of 14 corruption cases involving state government officials and ministers.

The decision to set up the Commission was taken by the then chief minister Narendra Modi following a Gujarat Congress representation to the President of India to inquire into allocation of land at a highly subsidized rate to industrial groups such as Adanis, Essar and Tata, apart from several scams related animal fodder, supply of fortified flour to anganwadis, oil-and-gas exploration by the Gujarat State Petroleum Corporation, and construction of Sujalam Sufalam recharge canal in North Gujarat.

The MB Shah Commission handed over its Interim Report to the state government on September 27, 2012, and final report on November 6, 2013. The only official statement so far on the findings of the report is by Cabinet spokesperson Jaynarayan Vyas, who said on September 27, 2012 – the day electoral code of conduct came into force for the assembly polls of December 2012 – that the Commission had given “clean chit to the Modi government."

Addressing media on Tuesday, former BJP chief minister Suresh Mehta, who backed the civil society groups’ demand, said, even today “nobody knows whether final report of the MB Shah Commission has been placed before the Gujarat Cabinet.” 

Others who addressed the media to demand release of the report included Gautam Thaker, General Secretary, Citizens for Democracy; Prakash Shah, President, People’s Union for Civil Liberties, Gujarat; Mahesh Pandya of Gujarat Social Watch; and Hemantkumar Shah, who teaches economics in a Gujarat University-affiliated college.

Media persons were informed, several Right to Information (RTI) pleas for making the report public were rejected on the ground that, under the Commission of Inquiries Act, it should first be placed in the state assembly after being approved by the Cabinet. 

While the state government maintained that the report was “lying with the Raj Bhawan”, one reason why it was not being made public, in reply to a RTI plea, the Raj Bhawan said, the report is not with the Governor, but with the General Administrative Department of the state government. 

“We don’t even today know where the report is”, Mehta said, adding, “This is not the only report which the state government is refusing to make public. There are in all five inquiry commission reports, lying idle with the state government, one of them being the final report of the Nanavati-Shah Commission, set up in 2002 to inquire into the Gujarat riots.”

Answering a query on what purpose it would serve to make public the report as it is unofficially learnt there is “there is nothing in it", Mehta said, “The MB Shah Commission cannot hope to give clean chit to the state government on handing over cheap land to industrial houses, because everything is on record. Similarly, facts on Sujalam Sufalam recharge canal scam are on record.” Added Pandya, “Shockingly,the Congress, too, is refusing to make it an issue.”

Appointment of top judges to be kept out of RTI purview.

Indian Express : New Delhi: Wednesday, March 9, 2016.

In a setback to transparency in higher judiciary, the Central government has decided against bringing appointments to the higher judiciary under the RTI Act’s purview.

Giving this information to the media here on Tuesday, Union Law Minister D V Sadananda Gowda claimed that transparency “can be achieved even without it”.

Gowda said the revised draft Memorandum of Procedure (MoP) to guide appointments to the Supreme Court and the high courts was in the “final stage”, and it would be sent to the Chief Justice of India (CJI) soon.

Asked whether the draft MoP provides for bringing judicial appointments under the ambit of the Right to Information Act, a long-standing demand from jurists and others, Gowda replied in the negative. When pointed out that Section 8 of the RTI Act, which deals with exemptions to the Act, doesn’t exclude judicial appointments from the purview, the minister said, “Transparency can be attained without the RTI Act also.”

Incidentally, during hearing of petitions about the constitutionality of the National Judicial Appointments Commission (NJAC) Act, the government had repeatedly argued that the collegium system of appointment was opaque, also asserting that any appointment should be open to scrutiny under the RTI Act.

Today, asked whether he had met CJI T S Thakur in the process of drafting the MoP, Gowda replied in the affirmative but refused to comment further. He said while drafting the MoP was the responsibility of the Executive, both the Judiciary and the Executive have to “agree” on the final draft.

“It (accepting the MoP) is the domain of the CJI and the collegium…this MoP will be appreciated by the Judiciary,” he said.

The draft MoP for appointment of members to the higher judiciary is being prepared after Supreme Court struck down the NJAC Act.

Blind RTI activist Ratna Ala made sarpanch

Times of India: Rajkot: Tuesday, 08 March 2016.

Ratna Ala, the blind RTI activist who has taken mining mafia head-on for many years now, has been appointed as sarpanch of Rangpar village in Wankaner talu kaner taluka of Morbi district.

Ala's cousin brother Karsan was shot dead on January 2 by those involved in illegal mining in Rangpar.

Wankaner taluka development officer issued the order on Ala's appointment after his predecessor Bharat Makwana was arrested with several others for the murder of Karsan. Ala has been using RTI as a weapon to bring transparency in his village and expose corruption. Because of his relentless efforts, he was elected deputy sarpanch in 2012.

Ala took charge of sarpanch on Friday and started chalking out plans to carry out various developmental works in village. “I will try my best to fulfil the wishes of villagers who had elected me as deputy sarpanch four years ago and now as sarpanch,“ Ala told TOI. I have called a meeting of vil lagers next week to expe dite pending developmental works. I have immediately taken up the work to build a causeway as villagers are finding it difficult to cross a waterway to go to their farms. A compound wall at crematorium will also be built immediately,“ Ratna Ala said.

Ala was given the first Rahul Mangaonkar Award, instituted by TOI Ahmedabad, for the best use of RTI for common cause in 2009. He has been responsible for getting drinking water and better roads to his village and also fought for electoral reforms.

Ratna's RTI had even forced the state's geology and mining department to carry out checking and imposing fine of Rs 12 lakh on several units. “It is painful to lose our close ones but it gives me strength to fight for common people,“ Ala added.

Centre to seek states' opinion on 'controversial' Uttar Pradesh RTI rules

Economic Times: New Delhi: Tuesday, 08 March 2016.

The Centre has decided to circulate "controversial" RTI rules of Uttar Pradesh among all the state information commissions to seek their comments.

As per file notings, accessed by Commodore (Retd) Lokesh Batra under the RTI Act, Secretary (Personnel) of DoPT Sanjay Kothari said "we may circulate them to all state governments with a request to go through them and send their comments to government of UP with a copy to us".

"We may send it to Union CIC for info... Subsequently, we may hold a workshop in this regard," he wrote.

The RTI rules, framed by Uttar Pradesh State Information Commission and vetted by the state government, have come under sharp criticism of the activists who termed certain provisions as against the letter and spirit of the transparency law.

The rules put a cap of 500 words while filing an RTI application, besides do not mention obligation of a public authority to display names of officials dealing with RTI applications on public display.

"Rule 4(2)...Clauses (ii) and (iii) do not take note of the caveat given in the Supreme Court judgement in the CBSE vs Aditya Bandopadhyaya case in 2012 where the Supreme Court said that of opinion or advice can be culled out from the official record then it may be given," said Venkatesh Nayak, RTI activist with at Commonwealth Human Rights Initiative.

RTI activist to donate award money to Nana Patekar's NGO

Mid-Day: Mumbai: Tuesday, 08 March 2016.

Noted RTI activist Anil Galgali, who received the Alert Citizen Right to Information Award, has decided to donate the Rs 11,000 cash incentive to an NGO run by actors Nana Patekar and Makrand Anaspure for drought-hit farmers in Maharashtra.

Galgali received the award yesterday from Pune-based Sajag Nagrik Manch (Alert Citizens Forum) for his contribution in the field of RTI.

"I am going to hand over this amount to the 'Naam Foundation' which is doing excellent job to help the drought-affected people," Galgali told PTI.

On the occasion, another RTI activist Nikhil Dey said Right to Information is the need of the hour.

He said RTI acts as tool that forces the government and bureaucracy to bring in transparency in its functioning. However, sometimes it's used for blackmailing and this should be stopped at all levels, Dey said.

Panchkula MC info officer fined Rs 5,000 for RTI plea delay

Times of India: Chandigarh: Tuesday, 08 March 2016.

Haryana State Information Commission has imposed a penalty of Rs 5,000 on the state public information officer of Panchkula municipal corporation for not providing information sought by a resident of Pinjore under the RTI Act.

The information officer who has been fined is Panchkula MC estate officer Mahender Singh. Though the order was passed on February 28, the complainant made the information public on Monday. According to the complaint by Nalagarh Road resident and advocate Vijay Bansal, he had filed an Right to Information (RTI) application with the MC on March 2, 2015, in which he had asked for information about the topography survey conducted by the MC in Pinjore and also asked about the estimated amount of the tender for the same.

Bansal said he requested officials many times to provide him the information, but no action was taken by them.

Bansal later appealed before the state commission and the MC officer was on November 5, 2015, asked to provide the information in respect of the RTI filed by Bansal and to provide the copy free of cost within 15 days of the order. However, nothing came of the order and Bansal was not given the information.

Commission issued a show-cause notice to the MC officer on November 17 and asked him to explain reasons begind the delay in furnishing the information and also asked him to be personally present during the hearing on December 29, 2015.

During the hearing, on behalf of the MC's public information officer, MC engineer Pankaj Dhanda and building inspector Sanjeev Kumar informed the commission that the PIO was on leave and that information sought by Bansal was vast and that it would take considerable time to compile it.

They also said that Both further stated that the PIO was busy in other official exigencies and there was no deliberate delay in providing the information.

In the next hearing, on February 28, the commission observed imposed the penalty on the SPIO and also directed the first appellate authority, a joint commissioner in the MC, to ensure that the orders are complied by April 12.

NVCO key findings and recommendations on RTI Act

Morung Express: Kohima: Tuesday, 08 March 2016.

The Nagaland Voluntary Consumers’ Organisation (NVCO) has published its study of the impact of RTI in the last ten years in Nagaland since its implementation. The book was published by the Chief Minister of Nagaland TR Zeliang in Kohima on March 5.

A press release from NVCO Press & Media Cell today highlighted few key findings and recommendation for public opinion and suggestions.

NVCO said that there is poor awareness about the RTI. It highlighted there is an urgent need for a concerted and professional approach to increase awareness among the public. In addition, information regarding the RTI Act and its relevance to the people should be imparted along with information about other basic rights, highlighting how the RTI Act can be used to ensure access to these other rights. Dedicated programming on RTI awareness could be broadcast on local TV channels and radio, and also disseminated through social media, it said, adding a module on RTI should be made mandatory in school curriculum. “Perhaps self-help groups SHGs) could be mandated to spread awareness about the RTI Act and facilitate the filing of applications and appeals. Information about RTI should also be displayed outside schools, colleges, bus stops, community halls, etc.” Further, it said it might be useful to train school teachers on the use of RTI Act as in many villages, school teachers are an important source of information and support to village communities.

The study also found out that very few RTI applicants were from villages. Therefore, it recommended assessment to be carried out to determine the reasons why there is such poor participation by village populations.

Applicants are often intimated, threatened and even physically attacked when they file an RTI, or as a consequence of their submitting such an application, according to NVCO. In such case where the enquiry establishes the guilt of a person who is a PIO, the Information Commission must impose a penalty which is both appropriate to the case and acts as deterrent to other PIOs, NVCO suggested. If the guilty party is not a PIO, the Information Commission must establish a tradition to the enquiry report to the police, where a cognizable offence is made, or otherwise to the relevant court, and use its good offices (and its moral authority) to ensure that timely and appropriate action is taken, it added.

NVCO further said that nearly 75% of the RTI applications seek information that should have been proactively made public without citizens having to file an RTI application. The organization recommended that the state nodal agencies should direct all Public Authorities to designate one or more PIOs to ensure compliance with all the provisions of Section 4 of the RTI Act.

One major constraint faced by PIOs in providing information in a timely manner, according to the study, is the poor state of record management in most public authorities.

Further, it was noted that many PIOs have not received any training on the RTI Act. In this, NVCO recommended that State government and the Information Commission should direct all Public Authorities and training institutions that apart from conducting separate training courses for PIOs/ FAAs and other officers, a module on RTI should be incorporated into all training programmes.

Unlike Nagaland Information Commission, there are huge and growing delays in the disposal of cases in many of the information commissions with pendency of cases growing every month, the NVCO study said. Therefore, NVCO recommended that newly appointed information commissioners must be provided an opportunity to orient themselves to the law and case law.

“There also needs to be standardized format for Information Commission orders that ensures that at least the basic information about the case and the rationale for the decision is available in the order,” it said. Whenever a commissioner is due to demit office in regular course of time (by way of retirement), the government must ensure that the process of appointment of new commissioners is done well in advance so that there is no gap between previous commissioner demitting office and a new one joining in, it added.

Meanwhile, the study pointed out that composition of information commissions across the country has a bias towards retired government servants. It is desirable to have a more balanced composition so that diverse expertise is represented in the commission, it added.

RTI activist missing since September returns home.

Hindustan Times: Gurgaon: Tuesday, 08 March 2016.

Raman Sharma (52), the RTI activist who went missing on September 26 last year, returned home on Sunday. He was rushed to a private hospital after he complained of anxiety. Doctors said he is suffering from low blood pressure. Sharma was advised to get admitted but he refused and returned to his home in Malibu Towne.

Sharma told his family members that he was abducted from Gurgaon by a group of men after he boarded a cab from Rajiv Chowk. “The driver of the cab stopped the car and got off to clean the windscreen. Meanwhile, two men sitting in the back gagged him with a cloth, which was laced with a sedative. He lost consciousness. He later found himself at an unidentified location in a factory where he was kept for seven months. He was provided food and was taken care of,” said Vyoma, Sharma’s daughter.

According to the family members, the abductors dropped Sharma near Moolchand flyover in Delhi and gave him `350 so he could reach home. They asked him to board an autorickshaw. However, Sharma rushed to a crowded place. Since he was feeling too weak to even stand, he asked a young man to buy him a ticket for Huda City Centre Metro station and rushed home.

The family informed the Gurgaon police about his arrival, the police said.

Several officials from the Sadar police station have visited Sharma’s house twice. He was questioned for two hours and asked to assist the police in the investigation. His statement was also recorded.

ACP (Sadar) Dharna Yadav said, “Sharma said he was abducted in September and was set free on Sunday around 3:30pm. We are investigating the case. He did not see the faces of the abductors nor did they interact with him. It is shocking that he was abducted without any motive and then released unharmed.”

Vyoma said, “He was not feeling well and we wanted him to rest since he has returned after a long time and was traumatised. He needs time to settle down. He will talk about the incident once he feels better.”

Before Sharma went missing, he had sent several emails to the President, Prime Minister, chief minister and the DGP, claiming that some engineers of the Haryana Urban Development Authority (Huda) had connived with a contractor during the construction of the master stormwater and sewage drains. He said it was a `1,200-crore fraud.

Sharma has been filing RTI pleas since 2008. He has filed around 1,000 RTI pleas that seek to expose corruption with regard to filing of tenders by construction companies. Last July, he approached the Lokayukta for an investigation into third party inspection certificates allegedly issued for advance dates to a Huda contractor. The same contractor, Brij Gopal Construction Company, filed an extortion case against Sharma in Faridabad on September 24.

On September 26, Sharma’s wife had dropped him at Rajiv Chowk around 4 in the morning. Sharma had told his family members that he had to go to Chandigarh to meet lawyers for a case filed by him with the Lokayukata.

When his wife tried to call him at around 8 am the same day, she realised that he had left his phone at home. She then waited for a day but Sharma did not contact her. Sharma’s family started contacting his friends and lawyers. It turned out that Sharma did not meet his lawyers in Chandigarh. None of his friends knew about his whereabouts.

His wife then approached the Sadar police station after three days.

Where to lodge complaints on corruption in Delhi? : By Madabhushi Sridhar

The Hans India: New Delhi: Tuesday, 08 March 2016.

Complaining against bribery should be an easy and known process. A citizen should not struggle to know this information. But unfortunately even after filing RTI, a citizen did not get it. He was compelled to knock on the doors of CIC. It is the duty of Delhi Chief Minister or his deputy, Lt Governor and the Union Home Minister to tell the citizens, together or separately, as to where he has to complain against corrupt officers. It is unfortunate that instead of fighting corruption, the governments are fighting each other about who has power to fight corruption.

V K Garg, an advocate, sought from the Directorate of Vigilance, ACB and Department of Law, GNCTD (Government of National Capital Territory of Delhi), 20 points of information about jurisdiction of the Anti-Corruption Bureau.  Though he wanted copies of Office Memorandums, Rules Regulations about powers and functions, orders regarding the same, procedures, along with file notings and linked documents, powers of the Lt Governor, Union Home Minister, Chief Minister and Deputy Chief Minister in taking decisions regarding ACB, etc, he was in fact asking to know where to file complaints against corruption in Delhi.

Except Recruitment Rules for Rs 38, nothing was offered to know. Officers said “no such information is available in ACB.” Garg filed three complaints before the CIC. The PIOs of ACB and DoV took strain to cull out some answers, given the complexity, confusion and jurisdictional limitations. When top Constitutional authorities like Lt Governor, Delhi CM and the Union Government approached Courts to know their powers, a citizen cannot expect a PIO to give a clear picture under the RTI Act.

In fact, complaints are requests for the information as the appellant and all citizens have a right to information about fighting corruption.  Applicant being an advocate is expected to be well aware of the controversy about the jurisdiction and powers regarding ACB of GNCTD vis-à-vis Union of India; Delhi being a Union Territory.  Because of ambiguity and confusion between powers of GNCTD and Centre, CIC found a genuine need for clarification.

RTI Act gives a very limited right of seeking copies of documents containing information as held or controlled by a public authority. When GNCTD and Union are parties before the judiciary to know the limits or extent of their power to investigate corruption charges, none can expect ‘information’ in the form of interpretation and judgment from PIO or the head of public authority through an application under RTI by paying Rs 10.

Neither PIO, nor First Appellate Authority nor even the Information Commission can decide on this complex issue of Constitutional interpretation in the wake of GOs, Notifications, OMs etc which are now under consideration by the courts.

The appellant ought to have known that on May 25, 2015, the Delhi High Court gave a judgment criticising notification of Ministry of Home Affairs giving more powers to Lt Governor explaining the commitment of Union Government to fighting corruption and that the Honorable Supreme Court by admitting the SLP filed by the Ministry of Home Affairs and granting stay on Delhi High Court judgment on May 29, 2015, has been seized of the matter.

The Chief Minister of Delhi reportedly said: “Forty years ago, the Anti-Corruption Bureau had come up in Delhi, its jurisdiction was over officials of all agencies based in Delhi, be it of the Union Government, DDA, Police, MCD, the ACB could probe instances of corruption of all these bodies…… Last year when our 49-day government was formed, we had filed a case against a big person of this country. After our government quit, the Centre issued an order restricting the ACB to Delhi government officials only…..It said the ACB won't look after the corruption of Union government officials, police and NDMC.

Today, Delhi HC ordered that the Centre and MHA have no rights to interfere in the matters of ACB. Media also reported: The gazette notification dated May 21 by the Home Ministry had said the LG will have jurisdictions over matters connected with services, public order, police and land and he may consult with the Chief Minister whenever he thinks necessary on issues of services using his (LG’s) own "discretion".

The disclosure made under Section 4(1)(b) of RTI Act, by Delhi Government in website: delhigovt.nic.in/upload/rti_manual/217-1.doc) does not appear to have sufficiently answered the information needs of the applicant as it was made before certain GOs amending the existing norms of jurisdiction.

The public authority has a duty to inform the citizen where to complain against corruption and which has proper authority to receive and act on such complaint so that people can question widespread corruption in different public departments. Undoubtedly, the information sought from the Lt Governor, Chief Minister, Deputy Chief Minister and Union Home Minister is such that it should have been disclosed under Section 4(1)(b) of RTI Act, 2005, and as both the political Governments in Union of India and GNCTD have made categorical commitments to fight corruption, it is their duty to inform in general as part of administrative law, and statutory obligation of under Right to Information Act in particular, where the citizen needs to complain against corruption.

Ambiguity in the process of complaining and about who has power or jurisdiction to investigate complaints against bribery will directly facilitate it and discourage complaints against corruption.The situation on hand is an example; one head constable (HC) demanded a bribe of Rs 20,000; the victim could not pay more than Rs 10,000. When due was insisted on being paid, the victim approached the ACB, which trapped HC and arrested him.

In his bail application, HC challenged before Delhi High Court the jurisdictional authority of ACB to investigate charges against a police constable who belonged to Union Home Ministry. The Delhi High Court held that ACB has power to investigate, but the apex court stayed the operation of the judgment. Whether a courageous citizen should report bribery or wait for final judicial verdict?

Does the government want its citizens to be vibrant fighters of corruption or remain dormant victims of bribery as the jurisdictional issues are pending final decision in three Estates – Legislature, Executive and Judiciary? Governments have a duty. If this situation continues, the honest people, investigating police officers, who risk their life and career to catch hold culprits of bribery, will be demoralised and citizens will be discouraged from complaining, leaving the entire field for corrupt public servants.

The Commission hoped and believed that no government would apparently approve such an ambiguous anti-corruption regime to prevail and want its citizen to be courageous complainants. PIOs have reasonable causes to respond in such a manner and also understand the helplessness of the department of law in not responding to this complex issue, especially when the executives both State (UT) and Center themselves are expecting to be enlightened by Judiciary about fighting corruption. Part of the information sought by the appellant is available in the form of judgment of Hon’ble Delhi High Court, Anil Kumar v GNCTD, 25th May 2015.

Recognising the need of the citizens to know where to complain against the bribery, the Commission directed: “the office of Honourable Lt Governor, GNCTD, the office of the Chief Minister GNCTD/the office of the Deputy Chief Minister, and the office of the Union Minister for Home Affairs, New Delhi, to provide the necessary information in the form of FAQs based on the current status of the powers, rules, regulations and procedure regarding anti-corruption complaints, in response to points raised by the applicant as part of their duty under Section 4(1)(b) of RTI Act, 2005 within two months.” (Based on decision on 29.2.2016, Vivek Garg Vs. Directorate of Vigilance & Department of Law, GNCTD, CIC/SA/C/2015/000238)
Copy of Order

MLAs stingy in spending funds

Times of India: Hyderabad: Tuesday, 08 March 2016.

The state government appears to be high on allocation and low on utilising funds for development of assembly constituencies. On an average, only 30% to 40% of the funds are being utilized by elected representatives in the state.

The Telangana state cabinet on Sunday approved a special development fund for both the chief minister and other cabinet ministers. While the CM gets a whopping Rs 5,000 crore special fund, each minister would be given Rs 25 crore each year. The ministers have been clamouring for quite some time for allocation of more funds for various development works in their respective districts.

These funds are being sought as minsters get only Rs 1.5 crore per year towards assembly constituency development fund like any other MLA or MLC. Their argument is that being ministers they are flooded with representations from public in their constituencies for sanctioning of works. While MLAs can submit their proposals to the district collectors for 50% of the funds, another 50% through in-charge district ministers, MLCs can spend their funds with the clearance of the finance minister since they do not have any specific constituency.

Barring a couple of ministers, others have not been able to spend their allocated funds in the financial year. Lok Satta, which gathered the information through RTI a few months ago revealed that deputy CM Mohd Mahmood Ali did not recommend any works for the year 2014-15. Similar is the case of Khairatabad MLA Chintala Ramachandra Reddy.

After formation of Telangana, the state government allocated Rs 3 crore (Rs 1.5 crore each for 2014-15 & 2015-16) to each of the MLAs and MLCs. According to official figures available with the planning department, ruling party MLA from Malkajgiri C Kanaka Reddy has not utilized Rs 1.07 crore of the Rs 3 crore and another MLA Teegala Krishna Reddy is yet to utilize Rs 1.06 crore from the assembly development fund. Other city MLAs who are yet to use over Rs one crore funds are Arekapudi Gandhi (Serilingampally), Krishnaiah (L B Nagar) and NVSS Reddy (Uppal). Kukatpally MLA Madhavaram Krishna Rao utilized only Rs 80 lakh till August, 2015, but sent proposals for over a Rs 1.50 crore in the last six months. The only exception are the TDP MLAs (now joined TRS) T Prakash Goud and Vivekananda who have utilized their funds totally.

"It is unfortunate that public representatives do not have time to send proposals to their respective district collectors. The officials are taking several years to complete the sanctioned works. Some works proposed in 2014-15 have not completed yet," Bonthu Sambi Reddy, general secretary (Greater Hyderabad) of Lok Satta told TOI.

The planning department, which coordinates the assembly development funds, blames district collectors for the inordinate delay in sanctioning works. "It is true only 30% to 45% of the funds are being utilized by the elected representatives. Many proposals sent by MLAs are being rejected as they do not come under the designated schemes. The collectors do not guide the MLAs, especially the newly elected legislators on the proposals. They do not send us the information on the progress of the works unless called for a meeting," a senior official said.

The officials of planning department admit that it is common to see poor utilisation of funds on the part of MLAs from opposition parties. However, with regard to the new proposal for special development fund, a planning department official said that "this provision giving ministers Rs 25 crore will lead to friction between the MLAs and the district ministers in allocation of funds."

CEO’s missing letter brings to light unfilled vacancies

The Hindu: Chennai: Tuesday, 08 March 2016.

The Tamil Nadu Information Commission has directed the Chennai Corporation Commissioner to institute an enquiry into the case of a letter, sent by the Chief Electoral Officer and received at Chennai District Election Office in December 2014, going missing.

Hearing on RTI plea

When the Commission was hearing a plea filed by applicant V. Gopalakrishnan relating to the request for information under Right To Information Act, it came to light that a daily wage worker had acknowledged the receipt of a letter on that day, since the ‘Record Clerk’ post was lying vacant.

No register maintained

The Commission held an enquiry into this case and the when the Public Information Officer was questioned as to whether the personal register was checked, he stated that the employee concerned had not maintained the register.

‘Initiate action’

“The Commissioner, the Greater Corporation of Chennai, is directed to institute an enquiry into how this particular reference went missing, as claimed by the Public Information Officer. Action should be taken to fix responsibility and initiate appropriate disciplinary action against those found responsible for the reference not being on record,” State Chief Information Commissioner K. Ramanujam said in his order.

He hoped that the Corporation Commissioner would “arrange to fill up the vacancies as early as possible in order to avoid delay of this nature in a sensitive section.”

RTI plea revealed that a daily wage worker had acknowledged the receipt of a letter.

Priceless palm leaf manuscripts go missing at Odisha State Museum

The Hindu: Bhubaneswar: Tuesday, 08 March 2016.

It now has 19,774 manuscripts, down from 40,000 in 2014, govt. admits in reply to RTI query.

Thousands of priceless and ageless palm leaf manuscripts have apparently gone missing from the galleries of the Odisha State Museum (OSM) if the government’s own admission is anything to go by.

The State government, in response to an RTI query, has revealed that the premier museum is now in possession of only 19,774 palm leaf manuscripts.

The reply has come as surprise to many as the Odisha government had been maintaining that the museum was in rich possession of over 40,000 such manuscripts the largest collection of manuscripts in the world.

“The exact number of palm leaf manuscripts in the collection of the OSM, which include store stock of the palm leaf manuscripts and those displayed in the gallery, is 19,774,” says the RTI reply signed by OSM curator Bhagylipi Malla.

Ms. Malla says, “The number has been decided by departmental editors and auditors this year [2015].” She said this was the view of the former authorities of the museum and this was anticipated.

Contrary to RTI reply, the government in 2014 had said that around 40,000 palm leaf manuscripts had been preserved in the museum.

The collections of manuscripts in the museum were categorised into 27 sections comprising the Vedas, tantra, religious, scriptures, philosophy, astrology, Ayurveda, grammar, lexicon, music, puranas, kavyas and Mathematics.

Tourism and Culture Minister Ashok Chandra Panda had then said the palm leaf manuscripts of Odisha not only had received national heritage status, but also the UNESCO was thinking of according world heritage tag to it.

Researchers have expressed disbelief over sudden disappearance of manuscripts. In 1984, on the occasion of the OSM’s golden jubilee celebration, it was said the palm leaf manuscripts gallery had preserved more than 50,000 manuscripts covering 28 subjects.

During the same time, the then Chief Minister J.B Patnaik, while writing foreword to Illustrated Palmleaf Manuscripts of Orissa mentioned about 50,000 manuscripts, which was corroborated by the former Chief Secretary, Subas Pani.

In 1994, K. K. Bisoi, who was then handling manuscript section, had even revealed about the presence of 60,000 manuscripts in the museum. The OSM’s recent brochure says there are more than 37,000 manuscripts in the museum.

The RTI applicant, who refuses to be named, said the government had ignored several of his questions. “I tried to know if the loss was due to damage or theft or just missing with or without knowledge of museum authorities. I have not been given any satisfactory answer,” he said, adding the question on actual position of the unaccounted 13,000 manuscripts also went unanswered.

VACB Inquiry Details on KSCDC Graft Case Sought.

The New Indian Express: Thiruvananatpuram : March 7, 2016.

The Vigilance and Anti Corruption Bureau (VACB) will have to reveal the details of preliminary inquiry it held against former chairman of Kerala State Cashew Development Corporation R Chandrasekharan in connection with the purchase of low quality raw cashew, said petitioner Kadakampally Manoj.

A Vigilance court here, on Saturday, asked the prosecution to furnish a detailed report on the inquiry along with the High Court order asking the CBI to probe the alleged corruption in the Corporation.

Manoj sought the details of the quick verification report using the Right To Information Act. But it was denied. “I filed an RTI on January 8, 2016 and VACB denied my request using a new circular effective from January 27 which puts such reports in the secret section. My appeal was turned down a few days ago,” said Manoj. He alleged Chandrasekharan’s hold at the top level in the Home Ministry was behind the delay.

According to Manoj, his complaint with VACB was specific on the misuse of money in the purchase of low quality cashew during 2015 and the High Court ruling was against corruption in KSCDC till 2013. The CBI has not included the corruption case during the Onam season last year, he said.VACB officials in Kollam submitted three reports so far recommending detailed inquiry against the former chairman of KSCDC, R Chandrasekharan and former managing director K A Ratheesh.

However, no further action in the form of first information report was taken in violation of Supreme Court guidelines. Supreme Court (Lalita Kumari vs Government of Uttar Pradesh and Others, 2013) issued guidelines that an FIR must be registered against cognisable offence immediately after a complaint is filed. It has been more than 180 days since he filed the complaint.

The Complaint

The Corporation received `30 crore after pressurising the government through a one-day hunger strike by Chandrasekharan. Kadakampally Manoj had complained that of the `30 crore it received, the Corporation spent `24.40 crore on buying raw cashew of inferior quality from JMJ Traders, the lone bidder. The import of local nuts were done at a high rate of `117.01 a kg whereas the private companies managed to get nut of better quality in the price range of `102 to `106 a kg. However, VACB could not find a stock purchase record that shows the quality, country of origin of raw nuts. According to Manoj’s complaint the workers protested when they found that the nuts were of low quality. The outturn was as low as `14 to `17 a kg for a sack (80 kg) of cashew. 

Various reports found that JMJ Traders received 29 orders of raw cashew procurement from the Corporation and it benefited `608.93 crore between 2008 and 2013.

Even though the controversial bidder violated the Committee of Public Undertaking (COPU) and that of Expert Committee, it continued to enjoy the patronage of the management, said Manoj.

To decongest Lal Chowk, govt may shift pvt schools.

The Tribune: Srinagar: Monday, March 7, 2016.

To decongest the commercial hub of Lal Chowk, the state government is mulling to shift the century old Tyndale-Biscoe and Malinson schools from the area. 

The move has come after traders in Lal Chowk suggested that the congestion in the business hub could be minimised if the two private schools will be shifted to the city outskirts.

“The Deputy Commissioner has been appointed as a representative of the government to talk to the management of the schools and to look for an alternate land for them,” sources said.

They said Divisional Commissioner, Kashmir, Asgar Samoon asked the Deputy Commissioner, Srinagar, Farooq Ahmad Lone on Monday during a meeting with traders to talk to the school management and look for an alternate land on the city outskirts.

The 136-year-old Tyndale Biscoe School and its girls wing, Mallinson school, are spread over an area of 85 kanals in Lal Chowk. Sources said the school authorities pay Rs 119 annually as rent to the government. However, as per information revealed by the government last year under the RTI Act, the school authorities had not paid the rent for the last 35 years.

In peak hours, the buses of both the schools create traffic jams in Lal Chowk. Pedestrian movement has also become difficult as vendors line the walls of the schools. “We believe shifting of Biscoe and Mallinson schools to city outskirts is good for both schoolchildren as well as traders,” Lal Chowk traders’ body chief Yasin Khan said.

Like subordinate courts and the Tourist Reception Centre were shifted from Lal Chowk, Khan said the government could shift the schools on the outskirts of the city where huge chunks of state land were available.

He said traders were going to meet Governor NN Vohra in a week to apprise him about the issue. “If the government has to decongest Lal Chowk, it has to take some bold and concrete steps,” Khan said. The Deputy Commissioner said the government had received suggestions from traders. “We have to take many things in consideration before taking any decision on the issue,” Lone said.

Coimbatore Corporation constructs shops without approval.

The Hindu: Coimbatore: Monday, March 7, 2016.

The Coimbatore Corporation at its latest council meeting on February 25, 2016 passed a resolution for construction of shops near the VOC Park and zoo. It said that it would take the State Government approval before constructing the shops because as per the development plan the area had been earmarked for agriculture and recreation.

The corporation also said that before taking up construction of shops near the zoo, it would take the approval of the Directorate of Town and Country Planning as the area was bound by the Parks and Playfield Notification, which prohibits such construction.

But the very same corporation had admitted in a Right To Information Act reply that it had not abided by the rules in taking the Directorate and Town and Country Planning approval.

The corporation admission relates to the shops it constructed in the last two years to increase its revenue.

The civic body had stated that it had constructed 240 shopping complexes in the last two years with Rs. 8.79 crore loan from Tufidco on 25 vacant plots. They include shopping complexes near the zoo, Shastri Maidan, R.S. Puram, near the school on T.V. Samy Road and other places.

Tamil Nadu Reserved Site Protection Committee Organiser S.P. Thiyagarajan says that the civic body’s action was patently illegal because it did not follow rules by submitting plan and civil design construction details to the Local Planning Authority and the other concerned authorities.

The directorate officials have said that the Corporation should apply for permission as per the Town and Country Planning Act, 1971 though it need not pay the infrastructure and amenities charges.

But they are silent when asked through RTI if they had initiated action by sealing such illegally constructed buildings.

Mr. Thiyagarajan says that the LPA or the concerned authority should have acted against the corporation by placing under lock and seal such buildings. But now the corporation has set a bad precedent by throwing open those buildings to highest bidders for rent and increasing its income.

Sources in the civic body say that the corporation increased its revenue by Rs. 3 crore a year since constructing the shops.

Gurgaon sees steep rise in liquor smuggling: RTI.

Times of India: Chetna Chaudary: Gurgaon: Monday, March 7, 2016.

The district is a favoured haunt for the liquor mafia. In recent years, Gurgaon has seen a sharp rise in the number of cases under the Excise Act, prosecuted by the excise and taxation department as well as the police.

An RTI has revealed that of these cases, the excise and taxation department had registered around 50 in 2015 and 36 in 2014 for illegal liquor smuggling. In the raids that followed, the department recovered 7,107 bottles of country liquor in 2015 and 1,358 bottles in 2014. Similarly, 1,545 bottles of Indian made foreign liquor (IMFL) were recovered in 2014, which jumped to 3,010 in 2015. For beer, too, there has been a substantial rise, from 170 bottles in 2014 to 2,552 in 2015.

Between April 2014 and October 2015, the department also booked 144 people. "We impose a penalty of Rs 50-500 per bottle on people who are nabbed with illegal alcohol consignments, and produce them in court. The court imposes its own penalty on those who do not initially pay the penalty," said Aruna Singh, deputy excise and taxation commissioner.

Besides this, around 2,300 cases were registered by Gurgaon Police in 2015 under the Excise Act. While the numbers are high, the department stated cops have managed to curb the crime.

"Police is alert, and arrest people who carry liquor or drink in public and open spaces. The police commissioner is very strict on this issue. He gave strict instructions on how to control the mafia and curb the nuisance," said ACP Hawa Singh.

After NU, PDKV to ask for CM’s help to remove encroachments

Times of India: Vaibhav Ganjapure: Monday, March 7, 2016.

After Nagpur University, now Panjabrao Deshmukh Agriculture University (PDKV) plans to approach chief minister Devendra Fadnavis to remove encroachment on its prime land worth crores in the heart of the city.

A reply to an RTI query by activist Abhay Kolarkar has disclosed that the huge area from Bajaj Nagar to Kachipura Square measuring around 26.69 hectares is under encroachment, most of them since over 100 years old. Ironically, the list also includes government entities like Nagpur collector's office and the Nagpur Municipal Corporation (NMC).

PDKV is one of the biggest land holders in Nagpur city, owning 422.72 hectares, some of which is in upmarket and prime areas like Sitabuldi, Ambazari and Ramdaspeth. Of this, 71.91 hectares is allotted to various departments of central and state governments for official purpose. There are 23 encroachments in the name of 20 persons or government departments, and PDKV had been fighting a bitter legal battle since last three to four decades to get back possession. A couple of religious structures too have come up illegally on its land.

"Removing the encroachment is on our agenda since long, and we plan to raise the issue with the CM. He is already helping us regularize the Shetkari Sankul. Only some formalities remain to get final clearance for this project, which will be inaugurated soon. Once that is over, we will definitely raise the encroachment issue with him," vice chancellor Raviprakash Dani told TOI.

NU too had sought help from Fadnavis for removal of encroachments, since government authorities had failed to act even after direct orders from Nagpur bench of Bombay High Court. After Fadnavis's directives, the authorities from collectorate and even the revenue department swung into action and removed encroachers from four acres out of 7.729 acres under illegal occupation.

"We've got orders from the court to remove some of the encroachers. However, we can do it only if NMC helps us. It's basically their job. We've been following up with them every time. The task is quite difficult as some of the encroachers, including Kachis, are staying there since over a century. Since the CM is also our executive council member, we're confident that he will help us get back our land," the VC said.

A majority of the illegal structures on PDKV land were in operation before its establishment, while the university started issuing legal notices to them and filing civil suits for their eviction since 1976, the RTI reply by associate dean said. The additional collector had once conducted spot inspection of the area, but hardly done anything was done to clear the encroachers.

"We've repeatedly given representations regarding snapping of power and water supplies to MSEDCL, NMC, state education department and labour commissioner's office. But no one took cognisance. A majority of encroachers were inhabitants of the land before formation of PDKV in 1969. Almost all of them have filed cases, which has made our task even more difficult," PDKV estate officer Vijay Khawle pointed out.