Saturday, April 30, 2011

[rti4empowerment] Re: Kamela in Meerut- Nothing could be more horrible

 

This matter relates to the Cruelity to Animal and the "People for Animal" organisation is supposed to take care of this. There as a big name of Menka Gandhi for Animal but she is nowhere in news these days???

--
"Our biggest competition is never with the others.
Instead, it is always within ourselves.
It doesn't matter if where we end up - first or at last.
If we do our best to do better than before, we've won"


Warm Regards


Surendera M. Bhanot

- President, RTI Help & Assistance Forum Chandigarh
- Youth for Human Rights International YHRI - South Asia
- CEO, Avis Software, Chandigarh 
- Convener & Life Member, Consumers Association Chandigarh
- Jt. Secretary, Amateur Judo Association of Chandigarh
- Member, SPACE - Society for Promotion and Conservation of Environment, Chandigarh
- Member, RTI Activist Federation, Punjab, Chandigarh

No. 3758, Sector 22-D, Chandigarh-160022
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[rti4empowerment] Kamela in Meerut- Nothing could be more horrible

 

Friends,

When I came to Meerut little did I know that I would encounter a problem I had not ever dreamed of.
Here in the city, at slaughter houses called Kamela (in local language) thousands of big animals including buffaloes are being butchered every day against the provisions of all laws, all norms, all directions and all instructions.
Sadly even the National Human Rights Commission seems to be completely helpless here.
We, members of IRDS and National RTI Forum, despite all our limitations, have decided to join our hands against this problem because from whatever information we have received, there could not be anything more serious and grotesque.
While we shall be providing more information subsequently, today I only provide a few links including one from You tube and some News items which present the problem in some depth.
Having said this,I appeal to each Human Right activist, each Animal rights activist, each Environmentalist and each Anti-corruption crusader to come forward and join hands against the completely illegal slaughter houses in Meerut, called "Kamela". There could not be anything more inhuman and illegal.

http://www.youtube.com/watch?v=aHCwNx_XioE&NR=1

http://haqbaat.blogspot.com/2009/06/blog-post_05.html

http://economictimes.indiatimes.com/environment/pollution/illegal-slaughterhouses-polluting-drinking-water-in-meerut-nhrc/articleshow/4882455.cms

http://www.hindu.com/2009/06/06/stories/2009060657650400.htm

http://www.downtoearth.org.in/node/1443

http://www.hindi.indiawaterportal.org/node/20159


Dr Nutan Thakur,
Secretary, IRDS/
Convener, National RTI Forum,
Lucknow
94155-34525

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[rti4empowerment] RTI and the Minister for Consumer Protection Kerala [4 Attachments]

 
[Attachment(s) from Ravindran Major included below]

And here is how another minister's office has responded to an application and 1st appeal about status of action taken on a complaint. The complaint, application under the RTI Act, 1st appeal and the response from the minister's pvt secy are attached.
 
regards n bw
 
ravi

--
 Veteran Major P M Ravindran
http://raviforjustice.blogspot.com
 

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Attachment(s) from Ravindran Major

4 of 4 File(s)

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[rti4empowerment] RTI and teh Chief Minister of Kerala [4 Attachments]

 
[Attachment(s) from Ravindran Major included below]

That there is no transparency or fairplay in the selection of information commissioners is a fact known to all activists in this area. The manipulation by babus of DoPT has been amply brought out by PCRF. So it was with the intention of challenging the process that one of our prominent activists, Krishnaraj Rao suggested that we apply for the post ourselves and see how the applications are treated. And this is how the office of the Chief Minister of Kerala treated my application...refusing to respond to even an application under the RTI Act  and also refusing to even accept the 1st appeal! Please see the attached documents which are self explanatory.
 
I know that the matter can be taken to the high court but I also know that the courts alongwith the information commissioners have been the greatest subverters of the transparency law.
 
regards n bw
 
ravi

--
 Veteran Major P M Ravindran
http://raviforjustice.blogspot.com
 

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Attachment(s) from Ravindran Major

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Re: [rti4empowerment] Re: On SWISS MONEY-EVIDENCE?

 

I fully agree with you Ajay, and am aware of what u have so lucidly felt.  But i want to caution you since you so feel so passionately, i can see very clearly where you are heading.  Watch out.  In your enthusiasm to get India's money back, you might help backfire on the whole nation.  The System is geared to generate a collapse of the Victim nation currency any time they choose.  ie. India.  In this scenerio, it would be suicadal to recall the Indian moneys' lying in Swiss.  As long as it is on our Credit account, India will not come under the currency blitz and even if it does, it can then recall.
 
Glad to know that there are so many there who care. I was a little lonesome by myself.
 
pushpa j vijula
9321741740
Mumbai

 


--- On Thu, 28/4/11, ajayshooda <ajayshooda@yahoo.co.in> wrote:

From: ajayshooda <ajayshooda@yahoo.co.in>
Subject: [rti4empowerment] Re: On SWISS MONEY-EVIDENCE?
To: rti4empowerment@yahoogroups.com
Date: Thursday, 28 April, 2011, 5:07 PM

 
Tax havens that stash away crime , corruption , drug & tax evasion money in the name of privacy for a few rich is one the biggest criminal hypocrisy of the white man .

Is a crime against the poor on a massive scale & surely one of the biggest open , legal & organized criminal racket on earth going on for quite some time . The Swiss being the biggest beneficiary of the criminal loot , very much like our powerful criminal mafia are loath to let go of the easy pickings .

The white man talks about the corrupt yellow , brown & blacks almost incessantly , but not about their own complicity in the whole crime cycle of generating , stashing away & recycling this tainted money . Plain commonsense would say the whole cycle is an out and out criminal endeavorer . In the white man's view all this is very legal , nothing wrong at all , business as usual , in fact very good for their economies , ensures high living standards as gives access to lots & lots of cheap money to their business & governments.

No serious international collaboration to recover this stolen money & restore it to the people from whom it was taken away in the first place & the legal enabling devises to stash & invest this money in complete secrecy by banks has allowed international corruption & crime to collaborate & grow many a fold. The dictator & the multinational CEO are all one here .

Western corporations have been one of the biggest bribers of all times , they have paid bribes to get hold of the oil & minerals of Asia & Africa , bribed to sell huge inflated useless projects & arms back to these very countries . The bribe money so generated goes to the tax havens & back to the white economies thru their banks.

As the Indian politician, Nigerian dictator & Colombia drug lords are charged by the banks to hide the loot in the numbered accounts , this cheap money is recycled back ..lent at low interest rates to western governments & corporations , helps keep the white economies afloat , the banks too make huge profits lending the free of cost money .

Cheap oil , cheap minerals , cheap money has been the recipe of the high standards of life in these western countries....add to it a big dose of criminal hypocrisy....all good legal business.

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Friday, April 29, 2011

[rti4empowerment] LOKPAL BILL-AN INPUT

 

An experienced lawyer-cum-activist has this to say"The formation of drafting committeee need not be an issue as the bills are usually drafted by the Govt. side and put to legislature. Select committee se...t up, public hearings and discussions at various places and stages are usual to all types of legislations. The present set up is the result of inordinate delay or total neglect by political class of all verieties which forced the civil society group to handle the topic of corruption at high places. This country has been ruled by all and sundry political formations either as part and parcel of the ruling set-up or backing it from outside. Nobody ever thought of having an effective law of this type. Hence the move may be an unusual one but never against constitutional provisions. It is not against political parties or apolitical in nature or it is not by way of any attempt to depoliticise the society but it is a warning to political parties who are very irresponsible and antisocial in their dealings. "

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[rti4empowerment] Challenges before the Proposed Lokpal.

 


Dear Friends,

Challenges before the proposed Lokpal - Continued:

2. It seems that there are two broad objectives that the Lokpal Bill intends to achieve by being a Body independent of the Government: (a) Vigilance & Investigation (b) Conviction through prosecution.

(a) Vigilance & Investigation:

As written earlier, except for the Head of the Institution, the complete existing bureaucratic machinery will have to inherited by the proposed Lokpal. The Head of the body may be independent but the bureaucratic machinery at its disposal (which actually will be instrumental in carrying out ground level vigilance & investigations) has been and will be appointed through the existing HR department of the Government of India, and may not be as independent of the Government as desired.

(b) Conviction through Prosecution:

In fact, the ultimate objective of the proposed Lokpal is to prevent corruption by convicting a few of them.

It is important to note here, that the proponents of the Lokpal Bill have time and again reiterated that - RTI has brought out and proved beyond doubt that there is rampant corruption, but despite all these clinching evidences clearly out there in the public domain and being highlighted
time and again by the media, none of the proven corrupt are getting convicted and jailed, but, well, they are moving about scot-free enjoying all the money (booty), thereby emboldening others to indulge in corruption. Therefore, we need a strong law in place, so that these corrupt people can be convicted and put behind the bars. And so, the proponents of Lokpal believe that RTI Act has done well as far as vigilance & investigation is concerned and that is not the problem area for which Lokpal is being envisaged, but it is the lack of convictions (despite clinching evidences out there in public domain),which is the driving force behind the demand for enactment of a Lokpal independent of the existing Government.

Now, suppose for the moment, we assume that necessary powers for initiating prosecution without seeking necessary directions from any of the authorities are conferred on the Lokpal;

The conviction aspect of governance would still, ultimately fall in the domain of the Judicial Branch of the Government, as reasoned below:


I would request my friends to visit the provision of section 23 of the RTI Act for understanding the same. The Parliament had very clearly laid down u/s. 23 that there will be Bar of Jurisdiction of Court from any appeal orders passed under the RTI Act, but, as we all know by now, this provision has been set aside by the HC/SC under the Doctrine of Judicial Review, because sec. 23 violates the basic structure of the Constitution of India i.e. In a democratic government system, for every aspect of governance there have to be three branches of government, namely Legislature, Executive and Judiciary and none of these branches can be excluded from any aspect of governance.

As per internationally well established Doctrine of Judicial Review:
Every Law MADE  as well as Every Law IMPLEMENTED is subject to Judicial Review.

Thus, if any law abrogates the right of the citizens to seek Appellate Judicial Review it violates the Basic Structure of the Constitution of India and hence it will be set aside under the Doctrine of Judicial Review.


For more details on the subject, case laws etc. one may please go through the following link: http://sunilahya.livejournal.com/7995.html


Therefore, the right to Appellate Judicial Review cannot be denied to any citizen and as such the CONVICTIONS (especially high profile ones given their abilities to spend on litigation) will in all probabilities have to clear both HC & SC level, before the person finally gets effectively convicted.


If the cases get languished in the courts the deterrence of Lokpal will be ineffective and if the cases get disposed off swiftly in a time bound manner the deterrence of Lokpal would be effective. (In any case, the deterrence (reiterate - in high profile cases) seems to be dependent on the swiftness of the Courts rather than that of the Lokpal)


Now, if the cases were to be disposed off swiftly by the Judicial Branch (Courts - they have all the required powers) in the first place, there would have been no need for enacting a quasi-judicial body like Lokpal for the purpose of conviction i.e. prevention of corruption.


Thus, Lokpal being a quasi-judicial body:


The conviction and thereby prevention of corruption has been and will remain ultimately in the domain of the Judicial Branch of the Government.


For any form of injustice (corruption being one of the several forms of injustice) in a democratic society the onus primarily lies on the shoulder of Judicial Branch of the Government and not on the Legislature or Administrative Wing of the Government.


One may also like to go through the internationally well established Doctrine of Separation of Powers in a Democracy to understand the subject in more detail and thereafter fix the responsibility of prevailing INJUSTICE (READ CORRUPTION) on the appropriate branch of a Democratic Government.


KEYS: Transparent Appointment of Judges (the documents pertaining to appointment process of Judges are very much under the ambit of RTI Act, 2005 and requires to be made public), Transparent Appointment of Information Commissioners & !00% implementation of the RTI Act, 2005 are the needs of the day.


Please do not underestimate the omnipotent power of RTI Act to address the issue of Corruption, it is an unparalleled concept with a potential (as the awareness spreads) vigilance commission of 121 crore people and is simply more than enough to address the issue of corruption.  In fact, implementation of Section 4 of the RTI Act can deter corrupt practices ab-initio, thereby largely obviating the necessity for vigilance, investigations and convictions (As the old saying goes - Prevention is better than cure).


Citizens (Private Body) as an institute (i.e. RTI Act) need to rule the Government (Public Body); an institute made up of some citizens will always fall short of expectations in the long run.


Transparency in a Democracy is the KEY.


Best Regards,


Sunil.


P.S. If the existing laws & institutions have all the necessary provisions & powers respectively, for delivering justice, than what exactly is different that the Lokpal promises to offer? To be continued ......


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[rti4empowerment] An Article on Lokpal by Sri Chitta Behera

 

Friends,

I present a wonderfully written Write-up about Lokpal Bill which is primarily based on legal facts and figures. This is by Sri Chitta Behera, a real scholar who delves deep into the issue and brings so many pertinent points from his own perspective.
I strongly believe that this and all such scholar and detailed views shall be entertained and given due weightage before we arrive at some final conclusion-

Amitabh
# 94155-34526


Jan Lokpal Bill, can it rein in a corrupt politician?

 

Dear Mr.Thakur,

Thanks for your candid response approving of the fact that there exists a big hiatus between what most people innocuously think about Jan Lokpal Bill prodded by the hyperboles fanned out by the IAC team on www.indiaagainstcorruption.org and what actually transpires to a studious reader after he or she seriously goes through the weird letters of its bare text. To recapitulate, the last mail 'Jan Lokpal Bill – can it rein in a corrupt government servant?' strived to drive home the queer provisions made in the Bill, thanks to which Lokpal would never be able to fix any allegedly corrupt official even at the investigation stage, let alone penalize him by way of fine, disciplinary action or imprisonment. Now, let us see if Jan Lokpal has any teeth whatsoever to bite a corrupt politician. In order not to be judgmental in our probe into this all-important question, we need first of all to recapture the very rationale made out by the protagonists of the alternative Bill vis-à-vis the official Bill in the founding meeting held on 10 August 2010 at Delhi, which was attended among others by Justice Santosh Hegde, Mr.Prashant Bhushan and Mr.Arvind Kejriwala the 3 civil society members of the present Joint Drafting Committee. After critiquing the existing anti-corruption regime, the said meeting had envisaged that the would-be Lokpal of their genre (now called Jan Lokpal), unlike today's CVC which is merely an advisory body and that too with a limited jurisdiction over bureaucrats only, can get its decisions enforced against corrupt bureaucrats and politicians as well. Further, the would-be Lokpal they envisaged would be an independent and autonomous powerhouse unlike today's CBI, which has though teeth to bite both politicians and bureaucrats, takes instruction from its political bosses as to whom to bite, when and to what degree. (vide Minutes of Meeting). A catchy brochure 'The Salient Features of Jan Lokpal Bill' hung on the website of www.indiaagainstcorruption.org, which is so to say the much touted manifesto of the proposed Jan Lokpal Bill, assures us as follows, "Investigations in any case will have to be completed in one year. Trial should be completed in next year so that the corrupt politician, officer or judge is sent to jail within two years . . . the loss that a corrupt person caused to the Government will be recovered at the time of conviction". And mind you, this is the kernel of the new illusion that instantly mobilized millions of people across the country to rally behind Anna Hazare's clarion call for enactment of a strong anti-corruption law in the shape of Jan Lokpal Bill. But as irony would have it, in the heat of euphoria most of the people who either supported the Bill or opposed it at that point of time didn't care to read its provisions, let alone scan or critique the same. 

 

Now that the phase of frenzied hullabaloo has visibly waned for various reasons beyond the control of anybody, the moot question arises, do the provisions made in the Jan Lokpal Bill fall in sync with the assurances dished out by IAC Team? To start with we need too ascertain whether the much trumpeted Bill has any teeth to bite any politician, be he Prime Minister, a Ministers, a Member of Parliament or such constitutional functionaries as President, Vice President or Speaker of Loksabha.

 

Firstly, the proviso to Section 18 (8) says, "Provided that the provisions of this section shall not apply to the Prime Minister". The Section-18 is captioned as 'Provisions relating to complaints and investigations'. Thus, going by the above proviso, no complaint can be lodged against the Prime Minister nor any enquiry or investigation whatsoever made into his conduct by the would-be Jan Lokpal.

 

Secondly, the Section 18(8) says that even if the allegation of corruption against a Minister is substantiated and he should therefore not continue to hold that post, 'Lokpal shall make such recommendation to the President, who shall decide either to accept such recommendation or reject it within a month of its receipt". In case the President rejects the recommendation of Lokpal for removal of the concerned Minister, Lok Pal is left with no option to do anything about it.

 

Thirdly, as per Section 28B (2), "For an allegation against a Member of Parliament that he has taken a bribe for any conduct in Parliament, including voting in Parliament or raising question in Parliament or any other matter, a complaint could be made to the Speaker of Lok Sabha or the Chairperson of Rajya Sabha, depending upon the House to which that member belongs". Then it is said that a complaint of such nature shall be forwarded to the Ethics Committee within a month of its receipt, and then "The Ethics Committee shall, within a month, decide whether to . .".  It is interesting to know that the last line is still an incomplete sentence conveying no meaning whatsoever. Is it a grammatical slip or a moral slip? What is striking above all is that there is no mention of the word 'Lokpal' in the entire provision. It clearly implies that Lokpal has no power to receive, let alone dispose of a complaint of corruption against a Member of Parliament in respect of his conduct in Parliament.

 

Fourthly, the sub-section (2) of Section 17 says, "Nothing in this Act shall be construed as authorising the Lokpal to investigate any action which is taken by or with the approval of the Presiding Officer of either House of Parliament". Thus not only any alleged act of corruption by the Speaker or Chairman of Rajya Sabha himself, but also that of any Minister, MP or official who are in league with the Speaker of Loksabha or Chairman of Rajya Sabha shall enjoy immunity from the investigative scanner of Lokpal.  

 

Fifthly, the definition of 'Public Servant' as provided under Section 2(11) is not inclusive of such constitutional authorities as President, Vice-President and Speaker of Lok Sabha, and as such these politicians in the guise of constitutional authorities remain outside the jurisdiction of Lokpal.

 

Sixthly, though Section -15 (Making a complaint to the Lokpal) in its sub-section (1) says inter alia that "any person may make a complaint under this Act to the Lokpal", the sub-section (1) of Section 8 (Functions of Lokpal) provides no scope to Lokpal for receiving complaints against Judges or Minister/MPs.

 

Seventhly, Section 18(iii) says, "The conduct of an investigation under this Act against a public servant in respect of any action shall not affect such action, or any power or duty of any other public servant to take further action with respect to any matter subject to the investigation". It plainly means that the very alleged act of corruption by a public servant, be he a Minister, MP, Officer or a Judge, into which Lok Pal may be investigating, shall continue in force as before and that too with the unfettered continuance of the impugned act by all other concerned public servants.

 

Eighthly, in a similar vein Section 18(iv) says, "If, during the course of a preliminary inquiry or investigation under this Act, the Lokpal is prima facie satisfied that the allegation or grievance in respect of any action is likely to be sustained either wholly or partly, it may, through an interim order, recommend the public authority to stay the implementation or enforcement of the decision or action complained against, or to take such mandatory or preventive action, on such terms and conditions, as it may specify in its order to prevent further harm from taking place". Here the word 'action' as defined in Section 2(1) may include an alleged act of corruption by any public servant, be he a politician, bureaucrat or a judge. Then it goes on to say, "The public authority shall either comply with or reject the recommendations of Lokpal under this sub-section within 15 days of receipt of such an order". If the concerned public authority rejects such recommendation, which is very much likely to happen, a nonplussed Lokpal, "if it feels important, may approach appropriate High Court for seeking appropriate directions to the public authority". Thus, any small or big public authority has been privileged with the discretion to reject Lok Pal's recommendation, and alternatively, once the case moves on to High Court at the instance of Lok Pal himself, there is no predictability about the time-limit or ultimate outcome of the case so lodged in the High Court, since either party, who might lose at the level of High Court, may move the Supreme Court to vindicate his position vis-à-vis that of the opposite party.    

 

Ninthly, the Jan Lokpal Bill in its Section 18(vii) says, "The Lokpal may, at any stage of inquiry or investigation under this Act, direct through an interim order, appropriate authorities to take such action as is necessary, pending inquiry or investigation.- (a) to safeguard wastage or damage of public property or public revenue by the administrative acts of the public servant; (b) to prevent further acts of misconduct by the public servant; (c ) to prevent the public servant from secreting the assets allegedly acquired by him by corrupt means." Then like in some previous instances, the public authority is privileged with the discretion to 'comply with or reject the recommendations of Lokpal . . . within 15 days of receipt of such an order'. In the event of rejection of such recommendation, Lokpal, as in earlier instances, 'if it feels important, may approach appropriate High Court for seeking appropriate directions to the public authority', thus leading to endless lingering of the case at different levels with the public servant being enabled to carry on his acts of misappropriation of public wealth, misconduct and stashing of black money in safe havens.

 

Tenthly, the Section 8(1) describes the types of complaints that 'Lokpal shall be responsible for receiving'. Though it includes a specific mention of complaints against misconduct by Government servants as receivable by the Lokpal, it refrains from making a specific mention of complaints against politicians like Minister or MP   

 

To sum up, the Jan Lokpal Bill leaves no scope for any citizen to lodge a complaint against any person of the ruling political tribe, be he a Member of Parliament, Minister or Prime Minister, or Speaker, Vice-President and President, not to talk of penal action against then in two years of the receipt of the complaint. This is the stark reality of Jan Lokpal Bill as against the diehard myth built around it by IAC team.     


Looking forward to your informed response, 

With regards,

Chitta Behera

Cuttack , Orissa

Mobile : 9437577546



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[rti4empowerment] Re: ALM meeting on 30th APRIL 2011

 

Kind attention

Ravi MISHRA
Coordinator
ALM K West

Dear Ravi,

Thanqx for this information.

In this regard, you may recall what happened in the last meeting, in which you were not present.

In any case, what exactly is the ALM meeting called for is the question because

01 The officials do not keep any minutes

02 There is no record of any action taken report

03 Instead of being a joint effort, it is on the ALM to first do something over and above from the day to day work of Citizens, instead of the MCGM doing what they are mandated by statute to do

04 Cleaning and desilting is part of the everyday activities which MCGM is supposed to do

05 Clearing illegal hawkers is a mandatory and legal requirement, apart from the relevant provisions of the Mumbai Municipal Act, it is now an order of the Supreme Court

06 If the MCGM can't have the required  cooperation from the Mumbai Police, then request the Indian Army to maintain law and order in dealing with illegal hawkers, vagrants, and other anti social elements

07 There are any number of civic works which are in varying degrees of incompletion, mostly due to inept and incompetent supervision, sometimes deliberately negligent, sometimes ignorant

08 Sheer lack of any quality control in any works

09 No will nor motive to attend to Citizens requirements, forget complaints

Thanqx.

Jagdeep DESAI

Secretary
Founder Trustee
Forum for Improving Quality of Life in Mumbai Suburbs


>>>


On Fri, Apr 29, 2011 at 7:31 AM, ALM KWest <almkwest@gmail.com> wrote:
Dear Friends,


The ALM meeting will be held on Saturday, 30/04/2011, at
10.00 am in the conference room, 2nd floor, K-West ward office.


Monsoon is approaching drains cleaning, de-silting, etc. must be our top priority.
 
Looking forward to make our area clean and beautiful.


Please inform your colleagues.

RAVI MISHRA
Coordinator,
ALM K - West




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