M.K. Gupta | 3 Jan 13:23 2013
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[HumJanenge] RTI - PENALTY AND ON-LINE PAYMENT FACILITY FOR NRI's

Andhra Pradesh - RTI: Rs.1.22 lakh penalty imposed on PIOs
Information Commissioner C. Madhukar Raj imposed a penalty of Rs.1,22,500 on Public Information Officers in 19 cases in the month of December.
Show cause notices
The Information Commissioner who heard and disposed of 79 show cause notices cases, imposed fine on the PIOs for failing to act and deal diligently with the applications received from the citizens for information under the Right To Information Act.
A release from the State Information Commission said that Mr.Madhukar Raj heard a total of 253 appeal and complaint cases and disposed of 251 cases in December. In the last six months, he heard 1,429 appeal and complaint cases and disposed of 1,427 cases and imposed penalties against PIOs in 128 cases.
Application fee
Meanwhile, the State Information Commission clarified that a request for obtaining information should be accompanied by an application fee either by affixing court fee stamps or by way of cash or post order or Demand Draft.
While no application will be charged in respect of public authorities at village level, Rs.5 will be collected per application at Mandal level public authorities.
In other areas, the application fee would be Rs.10 per application.

 
 
2013 wakes up to online payment of RTI applications for Indians abroad
The final trigger for the launch of e-IPO (electronic Indian Postal Order) that would facilitate Indian citizens living abroad to pay the Rs10 fee for filing a RTI application came when on 12 December 2012, Sujata Chaudhury, general manager of Business Development & Marketing Directorate of Department of Posts set a deadline of 15 January 2013 and asked the National Informatics Centre (NIC) to treat this “as most urgent” and to complete the work on a “war footing.”
 
Ms Chaudhury’s letter states: “Now it has been decided at the highest level that the facility of accepting RTI fee by generating e-IPO through the e-post office portal is to be launched by 15 January 2013. Therefore, it is requested to take accelerated steps to complete the task much before the targeted time fixed earlier. This may be treated as most urgent and work be done on a war footing.”
 
Delhi-based activist Commodore (retd) Lokesh Batra, who steered the campaign for Indians living abroad in several countries, is ecstatic at this citizen victory and congratulates the Department of Posts for completing the project in record time. He had filed more than 150 RTI applications in various relevant departments since 2008 and consistently pressurized the government to provide online payment facilities for RTI fees.
 
States Commodore Batra: “If all goes well as per the plans of the ‘Department of Posts’ (DOP) for launching of e-IPO for RTI fee, Indian citizens abroad  will be able to use their ‘Right to Know’ before this Republic Day.” On 31 December 2012, Commodore Batra went through the complete process of the functioning of e-IPO at the Department of Posts and says that if not 15th January, then by 25th January it is sure to be launched. When the scheme becomes a reality, it will be a huge achievement for Indian citizens abroad who have been pressing the government for the last five years to facilitate them in nation building by exercising their right to know.
 
 The final step of this issue has been languishing since March 2012 when the Reserve Bank of India (RBI) gave its “no objection” to the government to start an online payment facility for RTI fees for NRIs but the Department of Posts was waiting for orders to put a system in order.
 
Now that it has happened, soon the RTI applicant abroad would be able to use a credit or debit card to pay the Rs10 fee. Axis Bank is the payment gateway provider. The RTI applicant living abroad would be required to log on to the Department of Posts’ website and then register (if it is his or her first time) and click on the “RTI counter”. He/she would have to upload a copy of his/her passport after filling the RTI application. Then he/she would be required to pay the fees through the electronic postal order. Thereafter, the RTI application would be sent to the relevant public information officer of the department that the applicant is seeking information from. The CPIO (Chief Public Information Officer) can verify the IPO number by logging on to the ePO portal.
 
Commodore Batra had been continuously filing RTI applications since 2008 to relevant government departments which handle this issue like the ministry of finance, the Department of Personnel and Training (which implements the RTI Act), the Department of Posts (which can make e- payment possible), the National Advisory Council (NAC) and the Prime Minister’s Office (PMO). While initially the DoP had taken initiative to hasten the process, the RBI was sitting over it. Thereafter the DoP was waiting for a green signal from the ministry.
M.K. Gupta | 1 Jan 05:22 2013
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[HumJanenge] ‘Upload files sought by RTI applicants’

‘Upload files sought by RTI applicants’
Aloke Tikku, Hindustan Times
New Delhi, January 01, 2013

First Published: 00:12 IST(1/1/2013)
Last Updated: 00:16 IST(1/1/2013)

The Central Information Commission has asked the Department of Personnel & Training (DoPT) to upload files that are frequently sought by RTI applicants on its website, such as those relating to appointment of information commissioners and amendments to the information law and
rules.

The information panel also rejected DoPT's contention that they could not provide the information since the files concerned were under submission to higher authorities. The commission held the public information officer had to make an assessment if the file would come back within the 30-day period.

If this did not look likely, the officer should inform the “higher authorities” about the RTI request, and let them take a call if they will provide the information directly or send the file back to enable the information to be provided.

The information panel directive with a 30-day deadline came after DoPT’s public information officer sought a waiver of the penalty for delayed information on grounds that he did not have the required infrastructure to deal with information requests.

CIC Satyananda Mishra accepted the plea but urged the department to provide the necessary infrastructure facilities.

Simultaneously, Mishra also asked the department to take a decision on putting out complete files on topics on which RTI applications were received frequently as part of proactive disclosures.

The department had taken more than eight months to provide access to files relating to amendments to the RTI Act and RTI Rules on an RTI request filed on behalf of HT.

“For example, the files relating to the appointment of the CIC/ Information Commissioners, amendment to the RTI Act and Rules, staff strength and infrastructure facilities for the CIC are most often demanded by the citizens,” Mishra said in his decision.

Mishra — who retired as the DoPT secretary — said there could be very little in these files which would come under any of the exemption provisions.
P Surendra Nath | 3 Jan 15:45 2013
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[HumJanenge] Fw: [navy50] The Rape -- of the Nation!



--- On Thu, 1/3/13, Capt Arun Kumar <arungeeti-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:

From: Capt Arun Kumar <arungeeti-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>
Subject: [navy50] The Rape -- of the Nation!
To: "Capt Arun Kumar" <arungeeti-Re5JQEeQqe8@public.gmane.orgm>
Date: Thursday, January 3, 2013, 8:02 AM

 

 

 

 

 

A nation of sheep will beget a government of wolves

Atanu Dey

28 December 2012

 

Act 1: Let me tell you a story about an old man who lived in a small village somewhere that does not matter. It all began when the man’s sons came to him and told him that some people from the neighboring village had stolen a chicken from their farm. The old man told his sons to go after the thieves and recover the chicken.

 

The sons said, “Father, it’s only one chicken. We have hundreds of chicken. One won’t make a difference.” The old man said, “Do what you please.”

 

A few days later, the thieves stole a goat. Once again the old man told his sons to not let them get away with it. The sons said that they have dozens of goats and it’s not worth the trouble. The next week it was a horse. Once again the sons rationalized it away saying that they still had six horses that the farm needs.

 

Finally, the next week the sons came back to report to the old man and said, “Father, our sister has been abducted. What shall we do?” The old man said, “It’s too late. You should have recovered the chicken. Now there’s nothing you can do.”

* * *

Act 2:

 

I heard this story from an expat from New Zealand who runs a very successful school in Singapore. David told me that in the early years of Lee Kuan Yew’s government, a minister was suspected of having taken a bribe. People said that since the minister was a close associate of LKY, in all likelihood the man would get away with it.

 

But as it happened, LKY had a brief chat with the minister one afternoon. The next day the minister went out with a bang — he put a bullet in his head.

 

Singapore is one of the least corrupt nations in the world. LKY’s policy is simple: zero tolerance for corruption. That’s so because he himself is incorruptible and therefore does not tolerate corruption. The wages of public corruption is death. People know it and act accordingly.

* * *

Act 3:

 

India’s appointed prime minister is Dr Manmohan Singh. Under his watch, the most egregiously blatant instances of public corruption have taken place. His ministers and other office holders have been involved in acts of public malfeasance that are stunningly incredible — but for at least a significant segment of Indian voters, it is quite alright. They appear to take it as if it’s nothing out of the ordinary. The rulers are going about the rape of the land and the people just lay back and supinely accept it.

 

We are talking figuratively about rape but Dr Singh’s misgovernance has descended into literal rape. Not just rape, gang rape. Not just gang rape, it has finally hit (one hopes) the rock bottom into murderous gang rape.

 

The 23-year old woman who was gang raped in a New Delhi bus died in a hospital in Singapore.

* * *

Act 4:

 

They first stole a chicken.

 

The Congress government under Jawaharlal Nehru was involved in corruption. The news papers reported it. Nehru responded saying that the reporters were being silly since corruption is a global phenomenon and there’s nothing to get all excited about.

 

Then they stole a goat.

 

Nehru’s daughter nationalized many sectors of the economy, thus making public office attractive to the most criminally corrupt. The people of India did not disapprove.

 

They in fact voter her back to power.

 

The stage was set for horse thieves.

* * *

Act 5:

 

Some people started waking up to the reality. They realized that somehow the system was not working. They heard the call from a chosen few and gathered to register their protest. The government followed the time-worn strategy of attack being the best form of defense. They sent in their baton-wielding cops and the crowds — leaders too — beat a hasty retreat.

 

The lesson the appointed prime minister Dr Manmohan Singh’s government learned was that it does not take a whole lot to put the people in their place — the place of course being that the people in the government are the rulers and the people are serfs.

 

For around a century, a few hundred million Indians were the serfs of a few thousand British. Now it is different. India is under self-rule.

 

An Italian, Antonia Maino aka Sonia Gandhi, and her bunch of sycophants led by Digvijaya Singh are ruling about a thousand million Indians.

 

Well, perhaps it is not all that different. Though Maino’s father was a fascist. That could make the British Raj 2.0 a little more vicious than the British Raj of pre-1947.

* * *

Act 6:

 

It tickles me no end when I hear talk about India being a free country and a democracy with universal adult franchise. Every adult has the vote and therefore is in some sense responsible for the kind of government. In my opinion, India is a kakistocracy — government by the most corrupt and the least principled. Indians freely elect these people. And among the elected are criminals who have been charged (and many convicted) of rape and murder.

 

The guys who gang raped the unfortunate woman on the bus in New Delhi a few days ago share at least some of the characteristics of the law makers of India: their criminality. A significant numbers of Indians vote for these kinds of criminals.

* * *

Act 7:

 

I hear that the despicably dishonest appointed prime minister Dr Manmohan Singh’s government moved to shut down protests in New Delhi by closing down a few metro train stations. Perhaps the people will back down and go home.

 

If they don’t back down, I suppose the unfathomably dishonest cretin, the appointed prime minister Dr Singh will probably escalate the situation till we see tanks on the streets of New Delhi.

 

The sister has been abducted.

 

And if I were a betting man, I would place the bet that the people are not going to do anything about it. Come next elections they will vote for Antonia Maino aka Sonia Gandhi and her henchmen.

* * *

Act 8:

 

Antonia Maino aka Sonia Gandhi and her gang of vile henchmen are unprincipled criminals. But they are not stupid. Their moves are calculated to push the boundaries and they know precisely what they can get away with. They know precisely how much they can steal and yet be elected. They know precisely how many backs they can break with their police lathi-charge and still the people will not lynch them.

 

Indians have an amazing capacity for tolerating injustice.

 

It was an American, born a slave but who understood the dynamics of slavery, who put it best over a century ago. Frederick Douglass (1818 – 1895), the renowned American abolitionist wrote, “Find out just what people will submit to, and you have found out the exact amount of injustice and wrong which will be imposed upon them . . . The limits of tyrants are prescribed by the endurance of those whom they oppress.”

 

The rulers are not unintelligent. They would not be where they are if they were not the most accomplished criminals. They make the laws, don’t you know. They dictate the terms.

 

They control the press. The press provides the cover for them and they in turn protect those in the press that do their bidding. The Ghoses, the Sardesais, the Dutts — these are not unimportant players in this sordid play. They are complicit in the figurative rape of India and are handsomely rewarded for their prostitution.

* * *

The Final Act

 

No doubt for a few days the twitterati will be screaming bloody murder. A few thousand will go on candlelight vigils. In a few weeks, another distraction will occupy the talking heads on TV. Cricket will take over the collective psyche. And of course the sordid stories of Bollywood shakers will move the public to other concerns.

 

Talking of journalists, I am reminded of what the legendary American radio broadcaster Edward R Murrow (1908 – 1965) said:

 

“A nation of sheep will beget a government of wolves.”

 

Yes, India does have a government of wolves because India is a nation of sheep. The tyrants like Dr Singh know well precisely how much oppression the Indian public is willing to endure.

 

The rape of the land and the people — literally and figuratively — will continue.

__________________

 

 

 

 

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BALA | 31 Dec 11:34 2012
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[HumJanenge] RTI activist who took on cops injected with poison, condition critical


 A right to information activist working on police excesses was attacked and injected with poison by three assailants in Andhra Pradesh on Sunday.

http://timesofindia.indiatimes.com/india/RTI-activist-who-took-on-cops-injected-with-poison-condition-critical/articleshow/17825481.cms





Thanks & Regards
Bala 



Prem Gaba | 26 Dec 06:53 2012
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RE: VKS should continue with agitation by bring all agitators under his one command

Dear Mr Jain
 
Your 3 suggestions are  good & practical . Regarding increasing the punishment , its already  12 years but unfortinately the conviction rate is barely 24% . In fact this crime of rape is taken very lightly by the perpetrators as well as the administration .Some of the cases , against powerful people , are pending for over a decade.
Justice  Verma Committee has been constituted by the Govt on Amendments to Criminal Laws Relating to Safety & Security of Women. It  has  invited suggestions from the Public on the subject.
 Those can be e mailed  to justice.verma-R9E+szwozl8@public.gmane.org 
 
We do hope that the recommendations are implemented retrospectively as swiftly as the Committee has been formed after the public outcry  &  demonsrtrtions  across the country. Implementation will have its  road blocks since quite a few  politicos have cases pending against them for many many years .
 
Regarding your other suggestion that Gen VK Singh should get other orgs of Anna ,Ramdev & AAP under its wings will never   be feasible  because each one of them has a different  thinking & ego too. 
  If it could, It would have been a historical  step & a  force to recon with.
 
Regards
 
Prem

Date: Wed, 26 Dec 2012 09:30:50 +0530
Subject: VKS should continue with agitation by bring all agitators under his one command
From: jainhemraj59-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org

Dear Sir

 

In response to my previous two letters with subject line - ‘Your goodness (and other Veterans) should still talk to VKS’ -  and -  ‘VKS should mobilize Anna, Ramdev, AAP etc to join Delhi agitation for special session of Parliament’ - I got response from some of our friends (including Veterans) to the effect that Gen VKS was neither arrested nor was in Police / Judicial Custody.

 

If it is so, then it is good news.

 

Why was I under the impression of such arrest or custody is due to simple reason that this impression was give by print, electronic (TV and Internet) media, one such is given below 

 

“[Police said that Baba Ramdev forcefully came at Jantar Mantar along with 5,000 protesters. After reaching at Jantar Mantar, former Army Chief General VK Singh and their associates addressed the crowd and gave objectionable speech. After their objectionable speech, the protesters turned violent and they broke police barricades at Jantar Mantar," the officer added. Police claimed that Baba Ramdev along with his supporters started rioting against the Delhi Police and their supporters created ruckus during the Government work. "A case (for provoking mob, rioting and causing damage to public property) under Sections 186, 353, 147, 148, 149 and 34 of the IPC was registered against them," the officer added]”.

 

This is available at http://www.dailypioneer.com/city/117932-four-cases-lodged-over-sunday-rampaging.html 

 

Any body who knows any thing about criminal law knows that these are cognizable and non-bailable offense in which arrest by police is must and bail can not be granted by police but it has to be given by Magistrate only, to whom arrestee is to be produced within 24 Hrs (excluding holiday) of arrest. 

 

But any way, if our friends say that VKS is presently a freeman then we all are happy and request VKS to consider the following suggestions that were given in my said previous two letters :- 

 

This agitation can reach to some meaningful destination within a reasonable short time span if General VKS by bringing all the agitators [including India Against Corruption of Anna, Baba Ramdev, AAP (Kejariwal & ors.) etc. who are already agitating at Jantar Mantar] under his one command (which will stop disorganized & unruly nature of present agitation due to which one constable has also been killed) continue this agitation till following demands are conceded by Government of India by immediately convening the special session of Parliament to legislate :-

 

(1)- Fast track courts all over India to try the rape cases

 

(2)- Expenses for these fast track courts shall be born by Union of India

 

(3)- Punishment for rape should be increased. 

 

Though special session of Parliament and these two demands (1) and (3) of fast-track courts and increased punishment for rape, are being raised by many organization including main opposition party BJP, but they are not serious and not coming on streets (at Jantar Mantar) with agitations and not facing the likelihood of being booked by police under said sections 147 IPC etc. Moreover the talk by Union Government of Judicial Committee and Judicial Commission is unnecessary and talk of fast track courts only for Delhi and not for entire country is no solution to this problem

 

Regarding demand (2) of ‘Expenses for these fast track courts to be born by Union of India’ no body is raising this demand. Gen VKS should raise this demand too specifically, because without this provision any anti – rape law will be meaningless. This demand may include the following details::-

 

(i)- There should be Reserve of Magistrates and Session Judges in every State, who shall be moved in States as per requirement at lower court and session court and who will try only the cases of rape in fast track courts. 

 

(ii)- Concerned High Court of the State shall depute these Magistrates and Session Judges in Subordinate Courts in the State where ever trial of rape cases is to be undertaken.

 

(iii)- Similarly in High Court and Supreme Court there should be separate Bench for trying rape cases in fast track courts.

 

(iv)- Expenses of these fast track Courts (at Lower, Session, High Court and Supreme Court Levels), of their establishment (staff, furniture, paperwork, building etc) and of their Presiding Officers should be born by Government of India.

 

It is hoped that the friends and colleagues of VKS shall persuade VKS to continue this agitation with above-mentioned demands.

 

Regards 

 

Hem Raj Jain 

 

Bengaluru

 

Ph: 7829074704

 

 

 

 

Venkatraman Ns | 25 Dec 16:23 2012
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Let the voice of women students be heard by Justice Verma Commission

To,
Hum Janenge


Let the voice of women students be heard by Justice Verma Commission


Nandini Voice for the Deprived, a Chennai based NGO is organising a debate competition for women college students on the following subject at Chennai on 5th January 2013.


"Is the assault on women due to lack of governance or lack of laws or failure of justice system?"


In the wake of distressing incident of assault on college student in Delhi a few days back, there is genuine apprehension about the future of safety of women in India. Several suggestions are being made to protect the women in public places. Many women students appear to think the prevalence of all round corruption and moral degradation is the root cause for such atrocities on women. The objective of the debate competition is to provide an opportunity to women students to give their views on the subject and evolve appropriate recommendations. The consensus view expressed during the debate would be forwarded to the Justice Verma Commission.


All women college students studying at undergraduate or post graduate level may participate in the debate. Each student would be given 10 minutes to present their views.

Five students who express the best of views would be selected for an award.


We suggest that similar debate should be conducted in all cities and towns all over India and women students should be encouraged to participate in the debate. The highlights of the views of the students should be sent to Justice Verma Commission, so that it will know the ground realities and will have many suggestions to consider in its wisdom.

We would be pleased to hear about similar initiatives from concerned citizens from all over India.


N.S.Venkataraman

Trustee

Nandini Voice for the Deprived

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KN VENUGOPAL | 25 Dec 04:00 2012
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Re: CAF14997 delhi heinous act againsgt a girl - what the Law has for you

 
SSir,
 
(not a spelling mistake)
 
the mail was addressed only for THOSE who would see the FOREST instead of the TREES. LEADERS would not miss it.
 
YOU missed IT.
 
(lastly for the last time- GANDHIGIRI does NOT DEFEND, COME if you believe the moth eaten CONSTITUTION which is the fountainhead of these ills is to be AXED and a NEW CONSTITUTION tree is to be written.
 
you asked for a path, here it is -WRITE A NEW CONSTITUTION
 
gandhiri


--- On Mon, 24/12/12, Mathew <mathew.111938-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:

From: Mathew <mathew.111938-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>
Subject: Re: CAF14997 delhi heinous act againsgt a girl - what the Law has for you
To: "KN VENUGOPAL" <gandhigiri2007-/E1597aS9LQxFYw1CcD5bw@public.gmane.org>
Cc: "citizens-action-forum" <citizens-action-forum-/JYPxA39Uh5TLH3MbocFFw@public.gmane.org>, "Kathyayini Chamaraj" <kchamaraj-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "Uma Chandru" <umavchandru <at> gmail.com>, "Vinay Baindur" <yanivbin-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "Gururaja Budhya" <gururajabudhya-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "Kiran Bedi" <kiranbedioffice <at> gmail.com>, "climate change" <bangaloreplatform-/JYPxA39Uh5TLH3MbocFFw@public.gmane.org>, "Sudhakar Hegde" <sudhakarhegde733-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "Leo Saldanha" <leo <at> esgindia.org>, "Slum Jagatthu" <slumjagatthu-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "lalitha kamath" <elkamath-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "nandini esg" <nandini-i039nLgIkFtg9hUCZPvPmw@public.gmane.org>, "P K George" <pkgeorge-C9WmQayWQYF9DLW3AqmYl6xOck334EZe@public.gmane.org>, "Hasire Usiru" <hasiruusiru-hHKSG33TihhbjbujkaE4pw@public.gmane.org>, "hum janenge" <humjanenge <at> yahoogroups.co.in>, "humjanenge-/JYPxA39Uh5TLH3MbocFFw@public.gmane.org" <humjanenge-/JYPxA39Uh4Ykp1iOSErHA@public.gmane.orgm>, "Parivartan India" <parivartan_india-QOiod4cnrWAN+BqQ9rBEUg@public.gmane.org>, "Syed Tanveeruddin" <indian.tanveer-PER26XoQTs8@public.gmane.org>, "Kavita Ratna" <kavitaratna <at> gmail.com>, "lalita_c" <lalita_c-DVMQ0Vekzmh0ubjbjo6WXg@public.gmane.org>, "liza.home <at> hotmail.com" <liza.home-PkbjNfxxIARBDgjK7y7TUQ@public.gmane.org>, "Rina Mahindra" <rina17-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "Mathew Thomas" <mathew111938-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "mytimesmyvoice" <mytimesmyvoice-3RXDuZf0oFW41k5uCYKmRQ@public.gmane.org>, "Roshni Nuggehalli" <roshnugg-Re5JQEeQqe8@public.gmane.orgm>, "sumathy nagendra" <bhumikamedia-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "Urban Sarai" <urbanstudygroup-5JVyulwl005eoWH0uzbU5w@public.gmane.org>, "Vijayan Menon" <menonvij-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "rti_india-hHKSG33TihhbjbujkaE4pw@public.gmane.org" <rti_india-hHKSG33TihhbjbujkaE4pw@public.gmane.org>
Date: Monday, 24 December, 2012, 9:59 AM

Hi,

What ACTION would Gandhi's GIRI like members of this forum to take? 

How would he guide or help us? 

Could he spell out any ACTION taken for any of the items on his list of BURNING ISSUES and the results or participants? 

Regards,

 Mathew 


Sent from my iPad

On 24-Dec-2012, at 8:35 AM, KN VENUGOPAL <gandhigiri2007-/E1597aS9LQxFYw1CcD5bw@public.gmane.org> wrote:

hi
 
most on this forum are very concerned on issues of community and administration of justice
 
DONT YOU THINK WE ARE REACTING TO THESE MANY ISSUES
this suits the powers be, so that we dont ask the main question of administration
 
while we should be taking on the BATTLE on THE GENENIS OF THE PROBLEMS- the ailing CONSTITUTION
 
there are many BURNING issues like
corruption
environment degradation
justice in time, etc.,
 
FOR A MOMENT PLEASE LOOK AT THESE FROM THE TOP
 
otherwise each of these skirmishes will go on for the next hundred of year.
 
You have all come out of being ENRAGED to thinking to graduating to devising a solution in your official experience.
 
please give yourself a SPACE and opertunity
 
remember the french revolution -over bread engineered by a baker ROBUS PIERRE.
 
regards
GANDHIGIRI


--- On Sun, 23/12/12, Mathew Thomas <mathew.111938-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:

From: Mathew Thomas <mathew.111938 <at> gmail.com>
Subject: Re: CAF14997 delhi heinous act againsgt a girl - what the Law has for you
To: "citizens-action-forum" <citizens-action-forum-/JYPxA39Uh5TLH3MbocFFw@public.gmane.org>
Cc: "Kathyayini Chamaraj" <kchamaraj-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "Uma Chandru" <umavchandru <at> gmail.com>, "Vinay Baindur" <yanivbin-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "Gururaja Budhya" <gururajabudhya-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "Kiran Bedi" <kiranbedioffice-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "climate change" <bangaloreplatform-/JYPxA39Uh5TLH3MbocFFw@public.gmane.org>, "Sudhakar Hegde" <sudhakarhegde733-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "Leo Saldanha" <leo <at> esgindia.org>, "Slum Jagatthu" <slumjagatthu-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "lalitha kamath" <elkamath-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "nandini esg" <nandini <at> esgindia.org>, "P K George" <pkgeorge-C9WmQayWQYF9DLW3AqmYl6xOck334EZe@public.gmane.org>, "gandhigiri 2007" <gandhigiri2007-/E1597aS9LQxFYw1CcD5bw@public.gmane.org>, "Hasire Usiru" <hasiruusiru-hHKSG33TihhbjbujkaE4pw@public.gmane.org>, "hum janenge" <humjanenge-hHKSG33TihhqA26CCmlJIf8+0UxHXcjY@public.gmane.org>, humjanenge-/JYPxA39Uh5TLH3MbocFFw@public.gmane.org, "Parivartan India" <parivartan_india <at> rediffmail.com>, "Syed Tanveeruddin" <indian.tanveer-PER26XoQTs8@public.gmane.org>, "Kavita Ratna" <kavitaratna-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "lalita_c" <lalita_c-DVMQ0Vekzmh0ubjbjo6WXg@public.gmane.org>, liza.home-PkbjNfxxIARBDgjK7y7TUQ@public.gmane.org, "Rina Mahindra" <rina17-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "Mathew Thomas" <mathew111938-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "mytimesmyvoice" <mytimesmyvoice-3RXDuZf0oFW41k5uCYKmRQ@public.gmane.org>, "Roshni Nuggehalli" <roshnugg-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "sumathy nagendra" <bhumikamedia-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>, "Urban Sarai" <urbanstudygroup-5JVyulwl005eoWH0uzbU5w@public.gmane.org>, "Vijayan Menon" <menonvij <at> gmail.com>, "rti_india-hHKSG33TihhbjbujkaE4pw@public.gmane.org" <rti_india-hHKSG33TihhbjbujkaE4pw@public.gmane.org>
Date: Sunday, 23 December, 2012, 10:32 PM

Hi Dwarakanath,

None these are relevant to the issue of police action against peacefully protesting citizens. 

Reminds one of the freedom struggle and police brutality of the force then obeying their British masters. Are the current bosses of the police any different from them.

Yet, come next elections, many in this group would proudly show their inked fingers having voted for one or the other of these "democratic rajas".

Regards,

Mathew 


On Sun, Dec 23, 2012 at 4:53 PM, Dwarakanath <dwarakanathdm-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:

Friends The Indian Penal Code Section 96 provides : THINGS DONE IN PRIVATE DIFENCE:  Nothing is an offence which is done in the exercise of the right of private defence.  –( The right to private defence is not tenable to any party when there is free fight between them and each individual is responsible for his own act – (vishwas Aba –vs- State of Maharashtra).

Section 97: RIGHT TO PRIVATE DEFENCE OF THE BODY AND OF PROPERTY :  Every person has a RIGHT , subject to the restrictions contained in section 99 to defend – First – His own body, and the body of any other person, against any offence affecting the human body; - secondly – The property, whether movable  or immovable, of himself, or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or cfriminal trespass or which is an attempt to commit theft, robbery mischief r criminal trespass.

 

(THERE IS NO RIGHT OF PRIVAGTE DEFENCE IN CASES IN WHICH THERE IS TIME TO HAVE RECOURSE TO PROTECTION OF THE PUBLIC AUTHORITIES).

 

EXTENT TO WHICH THE FIGHT MAY BE EXERCISED – The right to private defence IN NO CASE EXTENDS TO THE INFLICTING MORE HARM THAN IT IS NECESSARY TO INFLECT FOR THE PURPOSE OF DEFENCE.   [Explanation 1: A person is not deprived of the ropd against act done, or attempted to be done, by a public servant, as such, unless he knowns or has reason to believe, that th person doing the act is such public servant. – Explanation 2-: A person is not deprived of the ropd against an act done or attempted to be done, by the direction of public servant unless he knowsn, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acgts or if he has authority in writing unless he produces such authority if demanded.]

 

SECTION 100 : WHEN THE RIGHT OF PD   OF THE BODY EXTENDS TO CAUSING DEATH – The ropd of the body extends under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any ogther harm to the assailant, if the offence which occasions the exercise of the ropd be of any of the descriptions hereinafter enumerated namely : First – such an assault, as may reasonably cause the apprehension that death with otherwise be the consequence of such assault;  Secondly : Such an assault as may reasonably cause the apprehension that grievaous hurt will  will otherwise be the conselquecne of such assault;

Thirdly : An assault with the intention of COMMITTING RAPE.

Fourth : An assault with the intention of gratifying unnatural lust;

Fifth : An assault with the intention of kidnapping or abducting;

Sixth : An ssault with the intention of wrongfully confining a person under circumstances which may reasonably cause him/her to apprehend that he/she will be unable to have recourse to the public authorities for his/her release.

 

Note- The ropd exgtend to voluntary causing death when the accused can prove the actual apprehension of death or grievous hurt, (in case of Vishvas aba Kurane vs State of Maharastra.

 

Sec. 101 : WHEN SUCH RIGHT EXTENDS TO CAUSING ANY HARM OTHER THAN DEATH ; If the offence be not of any of the descriptions enumerated in the last preceeding section, the ropd of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99, to the volountary causing to the assailant of and harm other than death.

Sec. 102 : COMMENCEMENT AND CONTINUANCE OF THE RIHT OF PRIVAGTE DEFENCE OF THE BODY – The ropd of the body commences as soon as a reasonable apprehension of danged to the body arises from an attempt or threat to commit the offence though the offence may not have been committed, and it continues as long as such apprehension  of danger to the body continues.

[ There are further details under section 103 to 106 which can be referred in a library or web site which may please be referred].

For information and guidance please.

 

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Regards,

Mathew 
Surendera M. Bhanot | 26 Dec 09:43 2012
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[rti_india] SOCIAL AUDIT - DECISION NO. CIC/SM/A/2011/002485/VS/01549 OF 17-12-2012

 



RTIFED/SICP/2012/008/2612
26 December 2012

08

 

Hon’ble
Shri Vijai Sharma,

Central Information Commissioner
Central Information Commission,
Club Building, Old JNU Campus,
New Delhi-110067
Email: vijai.sharma-R9E+szwozl8@public.gmane.org

 

RE: SOCIAL AUDIT - DECISION NO. CIC/SM/A/2011/002485/VS/01549 OF 17-12-2012

 REFERENCEMr. J.P. Shah’s E-mail dated 26 December 2012.

Respected sir,

Please refer to the e-mail dated 26 December 2012 from Mr. J.P. Shah addressed to your honor with a copy to the Hon’ble Chief Information Commissioner of the Central Information Commission, pin-pointing the glaring error of interpretation of law with reference to Section 11 procedure in your order NO. CIC/SM/A/2011/002485/VS/01549 OF 17-12-2012.

This reminds me of the Apex Court verdict dated 13 September 2012 in Namit Sharma vs. Union of India case (under review but operation of it not stayed) and with such decisions, the Presiding officers in the quasi-judicial bodies are coming true to the apprehensions aired by the apex Court.

Such decisions not only a make mockery of the process, are abuse of power and law, but also is delivery of injustice to the information seekers and arouse a feeling of lack of public confidence in such quasi-judicial bodies as well as a feeling of insecurity for approaching such forums.

This tendency has to be checked and the delivery of justice has to be improved drastically.     

Thanking you

Very cordially yours,

Surendera M. Bhanot
Coordinator RTIFED
+919-888-810-811/Mobile
bhanot1952 <at> gmail.com


CC: Chief Information Commissioner, Central Information Commission, New Delhi - 110 066 Email: s.mishra-R9E+szwozl8@public.gmane.org

 --If such decisions are not checked, other Information Commissioners at CIC and SICs would be tempted to replicate it. You may order review to correct defect.


WITH WARM REGARDS
Surendera 

Tel: 919888810811 | Mobile: 919888810811
SNAIL MAIL: Office: 182/53 Industrial Area-I, UNION TERRITORY, Chandigarh - 160002 INDIA 
CEO, AvisSoft || Coordinator, RTIFED, Punjab Chandigarh || President, RTI Help & Assistance Forum Chandigarh || Life Member, Chandigarh Consumers Association || Youth for Human Rights International - YHRI - South Asia || Jt. Secretary, Amateur Judo Association of Chandigarh || Member, SPACE - Society for Promotion and Conservation of Environment, Chandigarh 

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    Surendera M. Bhanot | 25 Dec 15:45 2012
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    [rti_india] RTIFED:006 - FAULTY PROCEDURE FOR ISSUE OF CERTIFIED COPIES OF THE ORDERS PASSED BY VARIOUS HON’BLE COMMISSIONERS OF PUNJAB STATE INFORMATION COMMISSION [5 Attachments]

     
    [Attachment(s) from Surendera M. Bhanot included below]



    RTIFED/SICP/2012/006/2512
    25 December 2012

    06

     

    Hon’ble
    Chief Information Commissioner,
    As a Public Authority
    Punjab State Information Commission,
    SCO 85-85, Sector 17-C,
    Chandigarh
    160017

     

    RE: FAULTY PROCEDURE FOR ISSUE OF CERTIFIED COPIES OF THE ORDERS PASSED BY VARIOUS HON’BLE COMMISSIONERS OF PUNJAB STATE INFORMATION COMMISSION

    REFERENCE:

    1.  RTIFED Communication No. RTIFED/SICP/2012/1812 dated 18 Dec 2012
    2.  RTIFED Communication No. RTIFED/SICP/005/2012/2412 dated 24 Dec 2012

    Respected sir,

    While I was waiting for an acknowledgement of my earlier communication to the Commission, another interesting and remarkable thing came to my notice regarding the certification of the orders passed by the Hon’ble Tripura Information Commission (TIS).

    Like Karnataka, Punjab is a very rich in its culture and administrative history. The procedure set by the Punjab Administration, even before the independence, are still adopted by many as a model.

    But how this was amiss in the Punjab State Information Commission?

    I ventured to surf the website of the Information Commission of a very small state – one of the seven sisters of the Northeast – The State of Tripura [http://rtitripura.nic.in] and went on to see the decisions of the Tripura Information Commissioners at [http://tripurarti.nic.in/CIC_Decisions.php]. 

    To read the full text of the Letter please download the attached file "SICP Correspondence 005 - 25 Dec 2012"





    WITH WARM REGARDS

    Surendera 

    Tel: 919888810811 | Mobile: 919888810811
    SNAIL MAIL: Office: 182/53 Industrial Area-I, UNION TERRITORY, Chandigarh - 160002 INDIA 
    CEO, AvisSoft || Coordinator, RTIFED, Punjab Chandigarh || President, RTI Help & Assistance Forum Chandigarh || Life Member, Chandigarh Consumers Association || Youth for Human Rights International - YHRI - South Asia || Jt. Secretary, Amateur Judo Association of Chandigarh || Member, SPACE - Society for Promotion and Conservation of Environment, Chandigarh 

    Please do not mark me as spam.
    I do not intend to send unwanted material to any one uninterested. If you do not want to receive these emails any more please send an email to me with "Remove" in subject and I will remove you from our mailing list immediately.
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    Attachment(s) from Surendera M. Bhanot

    5 of 5 File(s)

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      Pradip Pradhan | 24 Dec 04:01 2012
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      IRRESPONSIBLE AND CARELESS ACT OF INFORMATION COMMISSIONER SRI JAGADANANDA & TARUN KANTI MISHRA OF ODISHA INFORMATION COMMISSION.



      ---------- Forwarded message ----------
      From: JAYANTA KUMAR DAS <jayanta6544 <at> rediffmail.com>
      Date: Sun, Dec 23, 2012 at 9:44 PM
      Subject: [odishasoochanaadhikarabhiyan] IRRESPONSIBLE AND CARELESS ACT OF INFORMATION COMMISSIONER SRI JAGADANANDA & TARUN KANTI MISHRA OF ODISHA INFORMATION COMMISSION.
      To: odishasoochanaadhikarabhiyan-/JYPxA39Uh5TLH3MbocFFw@public.gmane.org



      Dear Friends, 

      I  have asked  Two Information in separate application Under RTI Act to the Public Information officer of Town Police Station, Puri on 21 July 2011 by Speed Post (As the PIO-cum-IIC  Inspector Bijayananda Mohanty refused to take the Application by hand) :-

      1.      RTI  Application No. 01-  Property statement of Inspector Bijayananda Mohanty of Town Police Station, Puri,

      2.      RTI  Application No. 02- Information regarding the FRI No. 189 of 2010.

      Both the Speed Post envelopes containing RTI Application returned to me with an endorsement by the Postman “Refused to Accept” on 26th Jul 2011( dear friends you can imagine the 

      daringness of the PIO-cum-IIC of one Police Station to do this 

      unlawful act  by refusing to accept one Speed Post Envelop, this

       Police Station is looking after the law and order of an area which is

       consisting more than Two Lakhs of Population,  Suppose instead of 

      RTI Application if it would have been a Complaint sent by Speed Post 

      by one Helpless  Rape Victim and the Inspector of that Police Station

       is refusing to accept the Speed Post Letter then what type of justice

       the rape victim can get from the Odisha Police!)

      Then I appealed to the First Appellate Authority of District Police Office, Puri (Superintendent of Police) on 29 Jul 2010, the Appellate Authority ordered the PIO Inspector Bijayananda Mohanty to provide information within Seven days & give explanation for refusing to accept the Speed Post RTI Application, but no action was taken by the PIO,

      Appeals and Complaint cases was filed with Information Commissioner on 17 Oct 2011 (C.C. NO 4381 & 4382 of 2011/ SA 411 & 422 of 2011),

      Both the complaint cases were heard carelessly on 12.12.2011 by Chief Information Commissioner Tarun Kanti Mishra (without giving intimation to both the parties), he has completed his formality  by asking explanation from the PIO for imposition of Penalty (Till date it is not known whether any explanation was given by the PIO or not, I am sure that no further action is being taken by Sri Tarun Kanti Mishra),


      Now it is the turn of Information Commissioner Sri Jagadananda

      31st Aug 2012 was fixed for hearing of Second Appeal  411 & 422 of 2011 by Information commissioner Sri Jagadananda, I was present (I have travelled a distance of Sixty Kms from Puri to Bhubaneswar for the hearing of this case) but the PIO Inspector Bijayananda Mohanty was absent without any intimation on the day of hearing hence another date for hearing was fixed to 19th Oct 2012 by Information Commissioner Sri Jagadananda, I returned to Puri without any result by killing my valuable time

      On 19th Oct 2012 again the PIO was absent hence once more the hearing was postponed to 03 Dec 2012 by Information Commissioner Sri Jagadananda,

       

      On 03rd Dec 2012, I was present (I have travelled from Puri to Bhubaneswar for the hearing of this case) but the PIO 

      Inspector Bijayananda Mohanty was absent without any intimation, 

      Hence the Information Commissioner Sri Jagadananda played the same role by fixing another date to 14th Jan 2012.


      I have lost faith in these irresponsible Information Commissioners, especially in Sri Jagadananda, he should have imposed Penalty of Rs 25,000/- in each Appeal (Total Rs 50,000/-)on the PIO Inspector Bijayananda Mohanty for refusing to accept my Speed Post RTI Application  and ordered Departmental Proceedings against the PIO for not attending the hearing, instead he has intentionally harassed me by killing valuable time and wasting my money, these types of harassment to the Appellant/Complainant is done by this Information Commissioner intentionally, on 12.12.2011 one RTI Activist expressed his dissatisfaction over the decision of Sri Jagadananda in a gentle manner and preferred to appeal in High Court, suddenly Sri Jagadananda called one Police Constable and ordered him to drag the RTI Activist and detain him till his further order and the Constable did the same, the RTI Activist was detained till 1:30 PM near the entrance of the Information Commission on that day.


      I am giving scan copy of all the relevant documents in attachment related to this allegation against the PIO and the 

      Information Commissioner Sri Jagadananda. Five Hundred and Twenty One (521) Days 

      passed, I have neither got information to my RTI Applications dated 26th July 2011 nor any legal action is being taken against the PIO. 

      With Regards,

      JAYANTA KUMAR DAS,

      SATYA NAGAR(SIDHAMAHABIR PATANA), PURI, ODISHA-752002, 9861770749(M)

      --
       
       

      Attachment (REPLY OF PIO DATED0001.pdf): application/pdf, 183 KiB
      Picon

      about hearing before CIC

      I was present for hearing of my second appeal before CIC Smt Sushama
      Singh
      She gave only 15 minutes time for hearing and when i told about
      provisions of RTI Act and specially provision of section 22 she told
      that there is judgment of supreme court on it without quoting
      reference of the judgment (citation of Supreme court including name of
      petition report like AIR etc)
      Even she was not interested to hear my view The hearing i feel is just
      completion of formality and CIC converted Right to information into
      right to deny information
      date of hearing 18 December2012 against company registrar
      
      

      Gmane