Re: [HumJanenge] AID obtains IB's list of RTI activists with suspected terrorist links

Rajeshwar ji,

 

Though I am not an advocate, but with my experience and knowledge of laws and RTI ACt, I can confidently say that if the AID has received the list with due process or on the order of CIC, no legal action under Official Secret Act or any other Act is sustabable.

 

I request you to inform the decision of the CIC, as mentioned, directing the authorities for providing the list to the AID.  After geting the same,  there is no bar on AID to disclose the list.

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From: Ravindran P M <pmravindran@gmail.com>
To: humjanenge@googlegroups.com
Sent: Mon, 22 November, 2010 7:00:36 AM
Subject: Re: [HumJanenge] AID obtains IB's list of RTI activists with suspected terrorist links

I do not want to use the term that the advocate, who gave such idiotic advice, deserves, but the least that I should say is he should be debarred from practising. As a class they are well aware of the consequences if the RTI Act is effectively implemented. The most affected will be the judge -advocate nexus.

 

Also I am shocked by the distorted information and contorted logic I have highlighted in the mail below (posted on Sat, Nov 20, 2010 at 12:23 PM, by young cyber indians). The distortion in the information is highlighted in yellow and the contorted logic is in red.

 

If this 'source' is acting like another 'secretive govt organisation' the other altenative is for someone to file another application under RTI with the IB and get the list afresh. Time consuming, but with the precedence there it cannot be more than 30 days.

 

If the list is NOT disclosed by the receipient in another two days, I shall file the fresh application from here and see what happens. Even that could be educative.

 

regards n bw

 

ravi

On Sat, Nov 20, 2010 at 1:05 PM, young cyber indians <cyberyouth@tightmail.com> wrote:

Dear friends

The order of the CIC was not given in a decision. It is a letter from Chief Information Commissioner giving his approval to decision of the first appellate authority M.E.A directing CPIO of M.E.A to seek assistance of DG-IB  to obtain information to provide to AID. The approval of CIC is given for purpose of 24(1) proviso. We were supposed to be given the information for human rights violation within 45 days, but IB took 115 days and CIC also took 87 days to give approval.

AID have taken legal opinion from senior advocate. They have advised that information given to an applicant under section 6 of RTI by paying fee is different from the information disclosed by public authority suo moto under section 4 of RTI Act and cannot be circulated to the non- applicants or published in newspapers. They also referred to preamble of RTI Act which clarifies object of the RTI to be "Now, therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it."

Rajeshwar Rao

On Fri, Nov 19, 2010 at 11:10 PM, Anil Agrawal <aadit3@gmail.com> wrote:

Decisions of the CIC are uploaded and are available in its website for all to see, read and use. How it is an offence?

Anil

On Sat, Nov 20, 2010 at 12:23 PM, young cyber indians <cyberyouth@tightmail.com> wrote:

Dear friends

I am very grateful to all the well wishers of RTI movement who have replied to my email either on the groups or on my email. I am unable to respond to each of you individually.  I also believe that the information (lists) should come out in public domain. At the same time, the information was obtained for me by AID and they are also planning to file a case, pursue with the Government. I am also worried about my visa /passport if the govt takes any retaliatory measures against me or files case under the Official Secrets Act etc. for releasing the information

I have therefore decided to follow advice of Sarbajit Royji and complain that govt is ignoring claims of eminent civilians from being appointed as Information Commissioners in transparent manner. An illustrative list of 10 such eminent persons extracted from govt records is below.

"muzaffar bhatt, kamla bhasin, avinash murkute, amit b. jethawa, saraswati kavula, shahana bhattacharya, somya kidambi, dr.binayak sen, venkatesh nayak, amrapali basumatary"

best wishes to everyone
K Rajeshwar Rao