Wednesday, August 31, 2011

[rti4empowerment] A Comparison of RTI Act, 2005 viz-a-viz JanLokpal - Part IV


A Comparison of

some Available Anti-Corruption Laws in India


RTI Act, 2005




JanLokpal (CBI, CVC, CAG).


Part – IV



Continued Part - IV


RTI Act, 2005.




6.     ONUS (Burden of Proof)

Onus is On a Government person (please refer to section 19(5) of the RTI Act), to prove that it is not escaping Corruption.

Onus is On Lokpal to establish by indictment that Government person is escaping Corruption.


7.     Time taken to Disclose Information v/s. Indictment of a Person

The concept of disclosure of information being almost a mathematical one, on an average, a disposal of a case at Information Commission level should be approx. 15 minutes

On an average months to a year to establish indictment.



Employers over Employees.

Employees over Employees.

RTI empowers each of the Citizens as vigilance inspectors / investigators over the entire Government.

Another small set of people empowered on behalf of the citizens as vigilance inspectors / investigators over limited sections of Government.

Lokpal Irony:

Some Vigilance Inspectors Agitating for Vigilance Inspectors on their behalf:

Recently, Lakhs of self-motivated & passionate Citizens, who themselves are empowered under RTI Act, 2005 as anti-corruption Vigilance Inspectors over the entire Government,

Ironically, they were agitating against the Government for demanding a few salaried & dispassionate Policing Vigilance Inspectors on their behalf?????


Best Regards,


Sunil Ahya.

Continued in Part V - Section 4 of the RTI Act, 2005 viz-a-viz Grievance Redressal Provision of Proposed JanLokpal Bill, 2011.

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[rti4empowerment] Any information about RTI activist Ms Shehla Masood mysterious death



As we all know the RTI activist Ms Shehla Masood died under mysterious circumstances in Bhopal about a fortnight ago. We personally were also associated with her thru the National RTI Forum (NRF) and my wife Nutan had a long talk with her only three days before her death where she talked about the various information she had sought about Trusts/Associations of Politicians and the way she was not getting the information even from the MP State Information Commission. She was quite agitated about this and had assured my wife that she would send some relevant papers thru courier. Possibly she forgot to post the papers as we did not get any paper afterwards. Meanwhile we came to know of her sudden death.

Here mysterious death is a I think it our duty to see that truth finally emerges in her mysterious death.
  Without making any presumption, I do feel that unravelling of the mystery surrounding her death is important for every concerned person of this Nation and we must make our individual contributions in creating pressure for unraveling the truth. I went thru some of the news associated with Ms Shehla Masood's mysterious death/murder but found that things are possibly as it is.

In this background can anyone who has any specific or deeper knowledge of the event  please update me or the group about this murder/alleged suicide?
Her mysterious death is an important event in the Civil societies movement in India. This is because she has been known to make numerous grave allegations against very powerful people and if the concerned persons, who claim to have got awakened thru the latest Anti-corruption movement don't stand together to demand justice in Shehla'a case, Civil societies and everyone will be a loser.

If anyone among the group feels I (with my police background) can be of any help here, I might be contacted at 94155-34526 or or with such useful information and I would certainly try to be of help in all possible ways

Ms Shehla's death is not death of an individual, it is the death of a dream. Don't kindly think that this is not ur concern because we can't remain isolated to such events. Let us take it to its logical culmination

National RTI Forum,
# 94155-34526

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Tuesday, August 30, 2011

[rti4empowerment] RTI activists working in Lucknow have launched an anti-corruption mobile helpline (9455553838)

RTI activists working in Lucknow have launched an anti-corruption
mobile helpline (9455553838) in the city. Anybody can call up on the
helpline and seek advice from experts on RTI and can also complain
against corruption. The helpline will be functional from 10 in the
morning till 5 in the evening.

- Urvashi Sharma

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[rti4empowerment] Take Survey : Nobel Prize Nomination or Bharat Ratna to Anna Hazare

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[rti4empowerment] rajiv case the reality


please watch or my interview on rajiv murder investigation. the interview was recorded by drkarthikeyan and ragothaman should be held responsible for the sustained growth of the tamil radical groups.jaihind

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Monday, August 29, 2011

[rti4empowerment] Fw: Fax PM



Sent: Tuesday, August 30, 2011 12:06 PM
Subject: Fax PM

Dear Urvi Sukul,

Click here to sign the letter asking the PM to save our food
It's great to see people power prevail over the stubborn government. While there's eagerness to pass one bill, there's another one which needs to be stopped.

The Biotechnology Regulatory Authority of India (BRAI) bill can be tabled anytime in this session of Parliament. Our food won't be the same again if BRAI is created. The body will become the sole approver of genetically modified (GM) food in our country.

So far over 64,000 people like you have signed the petition asking the Prime Minister to stop this bill. We need to get more signatures on this petition, at the same time we have to increase the pressure on the PM to stop this bill from coming to Parliament.

You should sign this letter to the PM asking him to stop the BRAI bill because it is not transparent and a threat to our food and then help get more people to add more signatures on the petition:

This letter and all the signatures on it will be faxed to the Prime Minister's office. The past few weeks have shown us what a strong public support can achieve. Lots of signatures on this letter will show the strength behind this demand.

Our health, environment and the livelihood of farmers will be affected by GM crops. There's too much at stake. Ask the PM to stop this bill now!

Thanks a billion!

Photo of Kapil Mishra
Kapil Mishra
Sustainable Agriculture Campaigner
Greenpeace India

P.S. Want to support our campaigns? We don't take money from any corporation, government or political party! We never have, and we never will. Do help Greenpeace remain fiercely and proudly independent. We will send you a Greenpeace T-shirt as a thank you for showing support for our campaigns by donating. Click here to chip in.

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Awaiting more reactin and healthy discussion before I reply.

--- On Mon, 29/8/11, Rahul <> wrote:

From: Rahul <>
Subject: Re: [rti4empowerment] MOTIVATED CRITICISM OF ANNA
To: "rti" <>, "M.K. Gupta" <>
Date: Monday, 29 August, 2011, 9:39 PM

Are you saying that unless and until one has achieved something,
he/she has no right to say anything contrary to majority view or
that he/she will not be listened to?

With best wishes,
Owner - The CYBUGLE & 60seconds
Moderator - TRADESMART

--- On Mon, 8/29/11, M.K. Gupta <> wrote:

From: M.K. Gupta <>
Subject: [rti4empowerment] MOTIVATED CRITICISM OF ANNA
To: "rti" <>
Date: Monday, August 29, 2011, 5:23 AM


Criticism of Anna ji by Thakur duo, Amitabh and Nutan, is motivated. It is not difficult to find faults in a good think but it is difficult to do some positive work.  Today, whole world is appreciating Anna's work but in India, few are out on a campaign to tarnish his image. Dr. Raghubir Sharan Mitra in Bhumija said something like this lakh dhool fanko Chanda par chand naa maila hota, …………………….. hosh bharamar hi khota.


I suggest to our Thakurs duo to organize campaign for some social cause and show to the public that they are able even to garner 1/1000 support that was garnered by Anna ji. They have organized a protest against Anna ji at Jantar Mantar in April and I heard that it was a flop show. I was even invited to attend that but there was no question of my joining with any force working in the negative direction.


In the start, the movement by Jai Prakash Narain was criticized by the Left but ultimately, the left joined his bandwagon when it was sidelined initially.  I remember that the Left parties raised the slogan in Patna, "Jai Prakash ki kya dawai, joote, chappal and pitai".


This is history and any one can check these facts. In the interest of our coming generations, all of us must support campaign against corruption and other ailment, this is my fervent appeal to you.


If anybody disagree with me, he is most welcome to contradict me with sound logics.Appeal to Thakurs duo to reconsider their stand in the interest of probity in public life

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[rti4empowerment] Re: [Janshakti] Whatever Om Puri said was true for the politicians like Lalu Prasad, Sharad Yadav


Here is a mail I had sent to the speaker of the LS:


date    Mon, Aug 29, 2011 at 9:56 PM
subject    The Om Puri-Kiran Bedi controversy
It is being reported that Om Puri and Kiran Bedi are being hauled up by the Parliament for breach of its privilege. This once again only goes to prove how correct Om Puri and Kiran Bedi are and how ignorant and arrogant our MPs are. Statistics are available that more than 25 pc of our MPs have criminal cases pending against them, including for some of the most gruesome crimes like rape, murder etc. And it is not these MPs only whom we have seen hurling chappals and mikes in the 'hallowed' precincts of the houses. Add their numbers and the share of these kind of uncouth elements in Parliament will well be over 50 pc. At this juncture one also need to ask what action has been taken against Sonia for calling Narendra Modi 'maut ka saudagar'? Or was it a compliment that was paid by her? And was it parliamentary when her husband Rajiv, when he was the PM himself, yelled at a public meeting words like 'naani yaad dilaayega'?

Let our parliamentarians get this straight- what's sauce for the goose is sauce for the gander too. In fact our post independence history itself is evidence of how our representatives in the law making bodies have been mostly indulging in self aggrandisment and criminally neglecting their duties. The mass movement under the banner of India against Corruption has only highlighted how even after 65 years of so called independence nothing that has been promised through a written Constitution has been fulfilled.

It also needs to be asked why the only qualification prescribed to be an MP or MLA is the person's capability to mobilise the money required for the security deposit? And why should a democracy have an unelected PM? In fact, since politics itself has become a career option, why should not the career begin at the lowest level of representation- that is the Gram Panchayat/Municipality or Corporation? And gradually move up?

Now here are a few quotes for the occasion:

-- "When bad men combine, good must associate; else they will fall, one by one, an unpitied sacrifice in a contemptible struggle". -Edmund Burke

"So long as the people do not care to exercise their freedom, those who wish to tyrannise them will do so; for tyrants are active and ardent, and will devote themselves in the name of any number of gods, religious or otherwise, to put shackles on sleeping men."-Voltaire

Cowardice asks...."Is it safe?", Expedience asks "Is it politic?", Vanity asks...."Is it popular?"... There comes a time when one must take a position that is neither safe, politic, nor popular, but one must take it because it is right- Martin Luther King, Jr

Veteran Major P M Ravindran

On Sun, Aug 28, 2011 at 9:14 PM, Dr.Y. C.Zala <> wrote:

Whatever Om Puri said was true for the politicians like Lalu Prasad, Sharad Yadav, etc. These are the politicians that are pests in politics.  
The politicians like Lalu and Sharad Yadav do not have sense how to talk in parliament and I wonder why the respected MPs encourage the persons like Lalu and Shard yadav. They divide the country on the basis of caste/ community/religion. 
Lalu said that Ex-MPs should be kept out of Lokpal. Why??  Do they have right to enjoy corruption in whole life? I wonder why applause observed in parliament during the speech of Shard Yadav and Lalu Yadav. Actually these politicians do not have any shame on their behaviours.
We must congratulate and appreciate the role of media and police in this agitation.

 Veteran Major P M Ravindran

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[rti4empowerment] Fwd: [eGovINDIA] CIC widens scope of RTI application


---------- Forwarded message ----------
From: eGov INDIA <>
Date: Tue, Aug 30, 2011 at 5:37 AM
Subject: [eGovINDIA] CIC widens scope of RTI application
To: eGov INDIA <>, India RTI <>
Cc: the kirti <>, ella kavi <>


Applicants can seek info on more subjects
CIC widens scope of RTI application
New Delhi, Aug 29, DHNS:

In a landmark decision that would enthuse RTI applicants and activists across the country, the Central Information Commission has said it is not necessary for information seekers to limit RTI applications ''to only one subject matter''.

Information Commissioner Shailesh Gandhi, in a sharp departure from the Commission's earlier decisions, observed: "There is no legal requirement on an applicant's part to restrict the scope of RTI application to only one subject matter".

The observation was made during the hearing of a plea by D K Bhaumik, who had sought information on various issues related to mandatory suo-moto disclosures under the RTI Act made by the Small Industries Development Bank of India (SIDBI). Bhaumik's application was rejected by the Bank saying that it was not limited to one subject matter.

The applicant was asked by the Bank to pay additional amount of Rs 180 as RTI fee for providing information on 19 points. The Bank observed that "bundling of a series of requests in one application was not open to the information seeker unless he paid for each request of information separately."

The latest decision by the CIC reverses the earlier rulings by then chief information commissioners, Wajahat Habibullah and A N Tiwari, which held that as per the RTI Act an application should contain either one request or a single category of request.

Gandhi observed "the then chief information commissioners have interpreted the term 'a request' used both under sections 6(1) and 7(1) of the RTI Act to mean one category of information...if information sought pertains to different categories, then each request shall be treated separately and paid for accordingly."

"No parameters have been laid down by the then chief information commissioners by which an applicant and the PIO can determine whether the information sought pertains to one- subject matter," he said.

RTI community and campaigners have for long been protesting against "one application, one subject matter" rule for RTI applicants. In the present case, the Bank relied upon previous decisions by Habibullah and Tiwari that restricted an application to either one request or a single category of request.

Quoting a Supreme Court order where it was held that words of a statute must prima facie be given their ordinary meaning, Gandhi said, "This commission respectfully disagrees with the interpretation given by the then chief information commissioners."

"It is important to mention that no legal basis has been given by the then chief information commissioners while coming to the said interpretation... If at all a meaning is ascribed to the term 'a request', it would mean 'an application' seeking information under the RTI Act," he said.

The fiat

* No legal requirement for applicant to restrict scope of RTI application to only one subject matter
* No clear definition of what 'one category of request' means
* Latest CIC ruling reverses decisions taken by then chief information commissioners that favoured 'one application, one subject matter' rule
* RTI applicants and campaigners have long protested against the rule

 Veteran Major P M Ravindran

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