Re: [HumJanenge] COMMENTS / OBJECTIONS / SUGGESTIONS : ref:PN/DoPT/OM/2010/RTI/AAA-0000-003

Mr Sarabjit  Royji & friends,  Rti act is a special law born out of the SC decision on the Bennet Coleman case.  When a Law is enacted, notice is compulsory to find out how it is affecting the rights of the individual, with an intention to see that the fundamental as well statutory rights are not contravened.  The right to information act was born as a finding that the fundamental rights of the citizens were not protected properly as a result of which the citizens were in a most inconvnient situation and suffered.   The right to education is also  an enforceable right.  If these rules were to be notified and published and some persons object that they cannot send their children to School for want of help in the field or at home or work place or for want of economic support, will the government exempt such people from the purview of right to education.   It would be a loss of face, if such objections were filed, because it was not only the duty of the Government but also the principles laid down in Part IV of the constitution.  Similarly, if any body objects against a rule or notification of rti, what would be their objection.   The objects of the rti act is to entitle the citizens to obtain all the information which their government is from time to time working on or planning to work on.   It is not ab objection to say that such and such political party had promised as a election manifesto such and such things and whether the said party has implemented those promises, what is the stage, when are they going to be fulfilled, who are all going to be benefited by the implementation of the political  manifesto!.  As far as rti is concerned, there are only two parties,  one side the citizens either collectively or independently and on the other side only the GOVERNMENT and its arms, or agencies or wings or whatever u call.   Since the Government is calling for suggestions/objections, no citizen can file an objection saying that they do not want the rti act or that this law contravenes their fundamental  or statutory rights  in any form .  Assuming even that a few individuals personal data are requsted under the rti Act, it does not remain as a personal data of such person, because it has been submitted or obtained as a result of a legal requirement and remains in a Public Domain.  Denial of information available in the govenment is neither the policy of the government nor the object of the rti act.  Therefore the only possibility or affected people would be the Government itself  & its arms which cannot file any objection or suggestion on its working.  Regards. dwarakanathdm,nbca,bangalore

On Mon, Dec 20, 2010 at 6:04 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

To:
The Government of India, by
Shri R.K.Girdhar
Under-Secretary/RTI
Department of Personnel and Training, North Block
New Delhi 110011

1) CONFIDENTIAL,
2) SECRET,
3) My Intellectual property,
4) Not to be disclosed to any unauthorised person,
5) Not to be disclosed to any private person whatsoever,
6) Not to be disclosed to Prime Minister or his office,
7) Not to be disclosed to National Advisory Council,
8) Not to be disclosed under Right to Information except to myself,

BY EMAIL:

Date:  20-December-2010
Your Ref: OM dated 10.12.2010 in File No.1/35/2008-IR (draft RTI Rules)
Our Ref:  PN/DoPT/OM/2010/RTI/AAA-0000-003
Subject Objections and/or Suggestions to the amendments proposed

Sir,

I refer to the above citations and your subject OM. I am caused to submit the following objection(s) and/or suggestion(s) to the same.
This is separate, distinct and without prejudice to other objections I may submit from time to time within the period allowed..

http://persmin.gov.in/WriteReadData/RTI/RTI_rules_01122010-1.pdf

1) I OBJECT that comments have been solicited by on these draft RTI Rules.

2) I say that I have been informed by senior officers of your Department that there is no legal requirement to either publicise or seek / consider comments / objections / suggestions on Rules under RTI ACT proposed to be notified.

3) That I have further come to know that this exercise has been done to satisfy an assurance given by Prime Minister to Chairperson UPA that the massively foreign financed private persons nominated to the extra-Constitutional body described by me as  National Advisory Council be enabled to tamper with these Rules as lobbyists for Foreign Intelligence networks.

4) That I am further given to understand that when the various RTI Rules were notified in 2005 during Mr Tiwari's Secretaryship at MoP, it was legally clarified that there was no requirement to publicise rules in draft or seek views of affected persons. It is noteworthy that the RTI Rules are not required to be published previous to their coming into force, and thereby attracting the mischief of the General Clauses Act in this behalf.

5) I therefore SUGGEST and REQUIRE that the publication, soliciting, and consideration of comments FROM THE PUBLIC on these draft Rules be halted immediately. Failing which I shall be constrained to take steps under the Official Secrets Act against the officer involved

Submitted in my individual capacity by


Er. Sarbajit Roy
B-59 Defence Colony
New Delhi 110024
Tel : 09311448069
email ID: "sroy.mb@gmail.com"

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