RTI: CIC Maharashtra gives activists a tough time

The job of a CIC , even a sincere one can be tough.

Some like Mr Wajahat Habibullah deal with matters and people with sagacity.

CICs are invariably babus, who as a matter of right have spent all their service life, procrastinating and denying information to the lowly, voiceless, powerless,  ‘common man’.

To be suddenly pitchforked to a job that requires accepting that the janata also has any rights on information is bad enough. But what is worse is that the lowly janata has the insolence to insist on information being provided in time and in full.

‘Off with their heads’ say some CICs.

Ed

The information received about the arrest and ill treatment of RTI activists, in the office of Dr Joshi, CIC Maharashtra, has been sent to his office for comments, and will be placed on the website soon after.

Unbelievable: An RTO Office sans Harassment, Touts & Bribes

Unbelievable: An RTO Office sans Harassment, Touts & Bribes

We are so used to being harassed and squeezed by babus in government offices. This was a wonderful experience of an enthusiastic and helpful officer, good staff and efficient working.

I wish we had more Anil Kumars and that all RTO offices were like the one in Vasant Vihar in New Delhi.

It was with trepidation that I approached the RTO office for renewal of my time expired license. I had avoided going for renewal to the RTO office, apprehending torture and run around.

It was then that I heard that a new RTO office had been set up at Vasant Vihar, andI had tried to access information about the location and timing from the internet. True to traditions, the Delhi Government website had no information of the office. According to the website there was no RTO office in the vicinity of Vasant Vihar. However I made up my mind to face the battle and went forth.

Since I had gone without pre arranging for ‘help’ from a tout or a ‘driving school’ or ‘sifarish’, I was mentally prepared for being given a run around by the clerks in the office. I had even taken along a friend for moral and physical support.

I found the enquiry counter near the gate manned by 3 clerks. To my surprise I got the necessary forms from the enquiry counter without any problem. I was also told to attach supporting documents in respect of age, address proof etc. The clerk noted the details and directed me to a counter inside the main office.

I went inside the main office and found it to be well lit, bright and cheerful. There I was told that being a time expired license that too from a state outside, renewed many times over from Tamil Nadu and UP it would be a difficult and time consuming affair to get the old license renewed.

I walked in to the office of the officer in charge (I read the nameplate out side, it said Anil Kumar) and was pleasantly surprised at the courteous manner in which my friend and I were dealt with.  ‘It would be better and easier to get a fresh license issued after due tests than a renewal’ he said and further advised me of the forms to be filled for obtaining a learner’s license.

I proceeded as advised, paid the necessary fees, was administered a test on driving rules and given a learner’s driving license all in a matter of 30 minutes. I was advised to come after a month for a formal test for the drivers’ license.

I did tell Mr. Anil Kumar what a surprise it was not to find any tout in or near the RTO office premises, and the speed with which the forms were accepted, dues collected, test given and learner’s license handed over.

I went a month later and I was given a receipt for the amount paid at the counter and after a driving test was told the new driving license would be sent by courier within 10 days. That day I had spent just over an hour for the entire process.

The new driving license was delivered home on the third day!

Mr. Anil Kumar also told me later that he can make resources available for imparting training, spread of road sense etc.

We are so used to being harassed and squeezed by babus in government offices. This was a wonderful experience of an enthusiastic and helpful officer, good staff and efficient working.

I wish we had more Anil Kumars and that all RTO offices were like the one in Vasant Vihar in New Delhi.

PS

The RTO Vasnt Vihar office is located adjacent to Munirka, Rama Market, between DCP office and DTC depot

RTI:PIO obliged to give information only within RTI purview

PIO obliged to give information

only within RTI purview, says GIC

Rahul Mangaonkar | TNN

Ahmedabad: It is the golden era of right to information.

Earlier, even simple demands of citizens for information and accountability in functioning of government functionaries would fall on deaf ears. Now, thanks to the Right to Information (RTI) Act, citizens have started demanding things beyond its purview and public authorities are still being responsive in order to redress grievances.

Earlier, a demand such as ‘remove unauthorised constructions and inform me about the details when it’s done’, made in this case by Saijpur Bogha’s Mah e s h ch a n d r a Waghela, would have simply been trashed by Ahmedabad Municipal Corporation (AMC).
However, since Waghela had made his application under RTI, not only was his demand entertained to the extent to explaining to him why it could not be done by the public information officer (PIO) of AMC, even its appellate authority ordered a site inspection and report.

Gujarat Information Commission though is not amused. It ruled that that Waghela’s demand for removal of unauthorised construction is not within the purview of definition of ‘information’ given under RTI. Waghela had made a demand which neither the PIO, nor the appellate authority, nor the GIC has the competence and jurisdiction to do under RTI.

While adding that there is no authority under any functionary in RTI to order for removal of any unauthorised construction or encroachment, GIC said that at best Waghela could seek a copy of the notice given for removal of unauthorised construction, copy of the proceedings, file notings on the matter.

GIC noted that AMC’s PIO should have simply informed Waghela that his demand does not fall under the purview of RTI. But with a view to enable public authority to take a proper and correct decision which could be legally sustained, the PIO had given some information.

It also noted that the appellate authority’s ordering the PIO to verify the site and submit a report was not necessary for the proceedings under RTI.

It was though clarified before GIC that it was done with a view to redress Waghela’s grievances and at the same time for the requirements under other laws and rules.

Indian Students in Mebourne face racist attacks

Australian police to Indian students:

Don’t speak loudly in public

19 Feb 2009, 2029 hrs IST, IANS

MELBOURNE: In an effort to counter attacks on international students, mostly of Indian origin, police in this Australian city are asking the

young expatriates to moderate their social behaviour and not to speak loudly in their native language.

The law-enforcing authorities in Melbourne have been perturbed by a rise in violent attacks, dubbed as “curry bashing”, on students from the Indian subcontinent.

According to an estimate, around 35,000 Indian students are studying in various institutes in this second largest city of Australia.

The Indian students would be “taught”, according to a front page article in The Age newspaper Thursday, to moderate their social behaviour and not to speak loudly in native Indian languages while in public.

Indian students would also be advised against making an obvious display of wealth and not to carry laptops and iPods in late night trains.

Melbourne, which is considered one of the safest destinations in the world, has seen the crime rate go up in western suburbs by as much as 27 percent last financial year. Indian students have been at the receiving end in a number of these violent robberies.

Now the Melbourne Police is making a special effort to counter what is believed to be racially-motivated attacks.

“They need to make sure they walk through a well-lit route, even if it might be longer, and they are not openly displaying signs of wealth with iPods and phones, and not talking loudly in their native language,” Inspector Scott Mahony of Melbourne Police has been quoted by The Age as saying Thursday.

Some organizations have already expressed their views about the current drive. The Federation of Indian Students of Australia (FISA) is one such grouping.

“It’s not being told to other communities or other students, ‘Don’t speak loudly in your native tongue, don’t carry laptops’,” the FISA head Raman Vaid has said.

It is believed the Australian authorities are seriously worried about the negative message such attacks can convey to students who plan to come to Australia in the future.

“Melbourne is one of the most peaceful cities and such attacks are an aberration. I am sure police would be able to control such negative incidents and restore Indian students’ confidence pretty soon,” Indian education consultant Pankaj Sharma said.

Traffic Police Success on Holi: Delhi and Mumbai

Traffic Police in Delhi and Mumbai deserve to be congratulated for ensuring the safest Holi so far in many years.

Ed

RECORD DRUNK DRIVING BUSTS ON HOLI

Cops Make Most Daytime Bookings Ever.

Traffic Police in Delhi and Mumbai deserve to be congratulated for ensuring the safest Holi so far in many years.

Sustained campaigning over weeks preceding Holi bore fruit, no deaths due to drunken driving in Mumbai and only five in Delhi, down from thirteen last year.

MUMBAI

Zero Fatalities

The traffic police came down heavily on all those who mixed drinking and driving on Wednesday, booking a total of 333 motorists. It was the largest number of drunken driving busts ever made during the daytime and also during any Holi celebration. A majority of those charged were in the age group of 20 to 30 years and were bikers.

Two serious accidents and 16 other minor accidents were reported on Wednesday, but there were zero fatalities, perhaps due to the traffic police cracking the whip on drunken driving. In 2006, there were eight fatalities reported on Holi and in 2007 there were two fatalities, according to statistics revealed by the traffic police. In 2008, there were at least two fatalities during Holi weekend

The police campaign began early on Rang Panchami, at around 10 am on Wednesday. Armed with breathalysers, traffic cops stood at major intersections, taking motorists by surprise. The anti-drunken driving campaign reached its peak between 2 to 4 pm and ended at around 6 pm

NEW DELHI

This was perhaps the safest holi for the capital as the number of fatal accidents usually stands in double figures. As part of their drive, the cops also prosecuted nearly 10,000 persons for different offences.

Last year, 13 fatal accidents were reported in Delhi on the festival, while the figure stood at 17 in 2007. The cops feel the heavy police presence helped in bringing about some semblance on city roads. During the day-long drive, a total 9,544 drivers were prosecuted.

LEGALLY SPEAKING

Speeding or driving dangerously Violates | Section 184 of the Motor Vehicles Act, 1988

First offence | Jail for up to 6 months or fine of up to Rs 1,000

Repeat offence | If committed within 3 months of previous offence, jail for up to 6 months or fine of up to Rs 2,000, or both

Driving drunk or on drugs
Driving (or attempting to drive) a motor vehicle with more than 30 mg of alcohol per 100 ml of blood; or being under the influence of a drug to such an extent that one is incapable of exercising proper control over the vehicle

Violates | Section 185 of the Motor Vehicles Act, 1988 First offence | Jail of up to 6 months or a fine of up to Rs 2,000, or both

Repeat offence | If committed within 3 years of earlier offence, jail for up to 2 years or a fine of up to Rs 3,000, or both

Abetting dangerous or drunk driving
Under Section 107 of the Indian Penal Code, a person abets when they Instigate any person

Engage with one or more persons in a conspiracy that leads to an illegal act or omission
Intentionally aid someone through an illegal act or omission Violates | Section 188 of the Motor Vehicles Act, 1988 Punishment | If dangerous driving is abetted the punishment of Section 184 is applicable, if drunken driving is abetted the punishment of Section 185 applies

Extracts from TOI/ TNN Delhi and Mumbai

Nitasha Natu | TNN

Madras:Anderson Church at Parrys turns 150

Anderson Church at Parrys turns 150

Daniel P George | TNN 

Chennai: The Church of South India’s Anderson Church at Parrys turned 150 on Tuesday, March 3. The following Sunday, a special thanksgiving service was held, presided over by Rt Rev V Devasahayam, the Bishop-in-Madras of the Church of South India.
It was on February 22, 1837 that Reverend John Anderson arrived in Madras as the first missionary of the Church of Scotland.

He established The General Assembly’s School in a rented house on the east side of Armenian Street with the headmaster and 59 boys from the St Andrew’s School forming the core (the institution in 1877 became the Madras Christian College and School and shifted to George Town).

In March 1855, Anderson died. Four years later, the Anderson Church was constructed, with Reverend P Rajagopaul, the first convert of Anderson, becoming the first minister of the church. Surprisingly, the name of Anderson, an educationist, is associated more with the church than with the school he founded.

For decades, the church remained a landmark of the Madras Christian College on the Esplanade until the college was shifted to new premises in Tambaram (1937).

Currently, the church is the only building of the institution that remains in Parrys. At the thanksgiving, Reverend J Jacqulin Jothi of the church said: “At this moment we are grateful to John Anderson and remember his yeoman service to the society. He taught us the joy of giving and we pledge to rededicate ourselves to serving society and the downtrodden.’’

Echoing a similar sentiment was E Martin Caleb, secretary of the church. “It is a proud moment for the entire congregation as we celebrate 150 years and remember John Anderson for his selfless service,’’ he said.

“I live in Anna Nagar. On the way to Anderson Church, there are eight CSI churches but I prefer to go to my parent church, Anderson,’’ Samuel Vijayakumar, church treasurer.

On Sunday, a special prayer was also held at the grave where Anderson and his wife lie buried – at the Old London Mission Cemetery on Thana Street.

The CSI Anderson Church is listed as a landmark heritage building by the Indian National Trust for Art and Cultural Heritage (INTACH), Tamil Nadu chapter, and Chennai Heritage.

daniel.george@timesgroup.com

Lawyers and Judges Madras HC: A scathing report

Panel: Striking lawyers behaved like hooligans

Police used excess force than required

Dhananjay Mahapatra | TNN 

New Delhi: Striking Madras High Court lawyers behaved like “hooligans and miscreants” and were squarely responsible for triggering the bloody February 19 clashes between advocates and police, the Supreme Court-appointed inquiry panel headed by retired SC judge B N Srikrishna has said.

An otherwise vociferous group of lawyers from Tamil Nadu present inside the chief justice’s court listened in stunned silence as every line of the 22-page caustic report was read out by senior advocate R Vaigai.

Justice Srikrishna held Madras HC and its acting chief justice equally responsible for the lawyers’ rowdy behaviour.

“The soft-pedalling policy of the HC judges has led to the present piquant situation,” the report said, adding the soft policy of the acting chief justice only emboldened the lawyers to become law breakers.

Commenting on the advocates who brazenly threw stones against police to incite them, Justice Srikrishna said, “Regretfully, far from being upholders of the rule of law, the lawyers seem to have behaved as hooligans and miscreants.”

Clearly putting the blame on the lawyers as instigators, the report said, “The incidents that transpired over a month or so make it clear that the lawyers seemed to be under the impression that, because they are officers of the court, they are immune from the process of law and that they could get away with any unlawful act without being answerable to the law enforcing agency.”

It narrated how lawyers had been exceeding norms by holding public meetings within the HC and that too to celebrate the birthday of LTTE leader V Prabhakaran, who has been declared an absconding accused in the Rajiv Gandhi assassination case.

“Undoubtedly, political cross-currents from the Sri Lankan Tamil issues and castebased issues contributed to and aggravated the situation.

It should have been made clear to the lawyers from the beginning, in no uncertain terms, that whatever their political ideologies, the court premises could not be utilised for airing them,” Justice Srikrishna said.

If lawyers were the instigators, the police did not behave in a responsible manner and used force much in excess of what was required to disperse the lawyers, the report said. While giving a clean chit to the Chennai police commissioner and other senior cops who had been transferred on SC orders to facilitate a fair probe, the report said,

There is no material, at this time, to suggest that any of the officers had directed or ordered the policemen to behave in the atrocious manner in which they behaved.”

Though the report justified police action, it said that “police went much beyond what was permissible use of force”. “They indulged in wanton lathi blows to lawyers, who were not even resisting or being violent, wanton destruction of property, both inside the compound as well as the court premises and then in the chambers of lawyers inside and outside the court complex,” it added.

SC sends report to HC, TN govt

With TN lawyers refusing suggestions from the SC to end their strike, the top court decided to send the Justice Srikrishna report to Madras HC and the TN government for further action.

When the lawyers, present in large numbers in the court room, repeatedly asked for action against police officials first, a bench asked them for a response for that part of the report which blamed the advocates.

The bench also rejected their demand for a judicial probe into the February 19 violence. TNN

RTI: CIC happy. Judiciary will be a little more transparent now

HC aligns its RTI rules with CIC guidelines

Major Relief For Info Seekers

Abhinav Garg | TNN 

New Delhi: After drawing heavy criticism for framing RTI rules that went against the parent Act, the Delhi High Court, in a major climbdown, has amended some of the rules.

Most notably, it has done away with the requirement that RTI applicants show how they are an ‘‘affected party’’ while seeking information, a caveat forbidden by the Act.

A notification to this effect has been issued and figures on HC’s website from Thursday. The move is an attempt to allign HC’s special RTI rules with the parent Act. TOI had, in December last year, reported that a judges’ committee of HC was reviewing the rules as the Chief Justice had admitted some of the HC provisions ran contrary to the Act.

HC’s rules on information sharing have been repeatedly held to be ‘‘in direct conflict with RTI Act’’ by the Central Information Commission in its rulings.

In its amendment exercise, HC has deleted Clause 4 (IV) of RTI rules that permitted it to allow access of information only to ‘‘affected persons’’ and deny to those who don’t explain their locus on why such an information is required.

HC has also tinkered with Section 5 (A) that exempted it from revealing any information which is ‘‘not already in the public domain’’. This meant HC could deny information to a seeker on the ground it was available elsewhere, a rule frowned upon by transparency advocates.

The third key allignment lies in Rule 4 (I) that till now gave the court’s public information officer a luxury of 15-20 days to respond to an RTI plea, which sought information beyond his jurisdiction. He has to now inform the applicant within five days and return the plea.

The CIC had repeatedly taken a dim view of these sections. Speaking to Times City, Chief Information Commissioner Wajahat Habibullah welcomed the move. ‘‘I have been adjourning cases related to Delhi HC because we were waiting for the rules to be brought in allignment with the RTI Act, as had been promised. This is heartening news,’’ the CIC said.

KEY CHANGES

‘Affected Party’ clause done away with. An RTI applicant will now not be required to show how info sought affects him

‘Public Domain’ clause removed.

HC will now have to also furnish info that is not available elsewhere

In case info sought is not in court’s jurisdiction but pertains to other authorities, PIO to respond within 5 days

Holi: Wishing All A Happy & Colorful Holi

Watwani sends you the following message.

Let us join in and wish each other.

May God Splash

COLORS

of Success &       Prosperity over

You & Your Family.

Bank rescues village from money lenders

K Ranganath | TNN

Tavarekere (Kolar dist): This village in Mulbagal taluk, a stone’s throw away from Andhra Pradesh, was once mired in debt, thanks to exorbitant interest rates charged by private money lenders. Today, it’s money-lender free, thanks to the sincere efforts of Mandikal branch of Pragathi Gramina Bank.

Former finance minister P Chidambaram had dreamt of making villages across the country money-lender free. The Pragathi Gramina Bank, in tune with his wishes, has already taken up steps in this direction. Tavarekere is the second village to be declared free of money lenders.

The villagers, mostly labourers with one-third belonging to scheduled castes, were getting financial assistance from private money lenders in Andhra Pradesh. At least three financial firms, which claim to have been registered under RBI, would lend money and charge high interest. The recovery agents of Ammamma Bank, Future Financial Services and SKS Financiers, who claim to have registered offices in Chittor and other places, would visit the villages on a weekly basis to recover loan instalments. On an average, they’d recover over a lakh of rupees every fortnight.

When T Papanna, manager, Mandikal branch visited the village, he was horrified by the exorbitant rate of interest charged by them. To free the villagers from their clutches, he advised them to borrow from Gramina Bank.

A majority of them were on the black list of various banks. Papanna persuaded them to repay outstanding loans with concessions for one-time settlement. Later, he began financing villagers depending upon their needs. With better prospects for dairy activity there, the bank funded the purchase of 56 cross-breed cows, besides providing aid for other activities including business, piggery, poultry and other activities.

Shobha, a member of a women’s self-help group, said that she is happy to deal with the bank as the interest rate is affordable, and bankers don’t harass them for recovery unlike private money lenders. Narayanamma, who had no source of income a couple of years ago, is now a proud owner of six cross-breed cows and three calves.

The local Milk Producers Cooperative Society has joined hands with the bank authorities for recovering loans. Result: the branch’s overall recovery position is a stunning 98%.

SILKEN LINING
Shankarappa who was earning Rs 2,000 per month as a driver, now owns a sericulture farm after obtaining aid from the bank. Shankarappa owned five acres of land but couldn’t make adequate use of it owing to lack of funds.

The bank’s financial assistance has worked wonders. Now, in addition to the sericulture farm, he owns cattle. He has sent his son to study BBM at Kolar. He managed to achieve all this within a span of a year.