Re: [HumJanenge] CCS to discuss including Indian Armed Forces under Lokpal etc

I find no reason for Army or any one else to get exempted from the
ambit of RTI Act. Section 8 of the Act amply give more than adequate
protection under all eventualities.If the Defence Forces are not
exempted, there is absolutely no reason for any pseudo Security
Organisations to get exempted to protect the corrupt.

On 07/07/2011, vinay singh <vinay4299@gmail.com> wrote:
> Section 24 of the RTI Act that grants exemption to certain security
> and intelligence agencies is totally unwarranted and needs to be
> struck down. Surprisingly, the defence forces, which are the primary
> agencies that provide security to the nation, are not in the list of
> exempted organisations. According to Section 8 (1) of the Act, any
> government department can refuse information that is likely affect
> national security. Then what is the justification for a separate list
> for the intelligence and security agencies? This provision has been
> inserted at the behest of the intelligence agencies to keep their
> misdeeds hidden from public view and to reiterate their self
> proclaimed status as 'secret' agencies. The law makers who lent their
> voice to the Act did not realise its far reaching the implications.
> The RTI Act enables citizens to get any information that serves a
> public purpose. The intelligence agencies also have such information,
> concerning expenditure, conditions of service, tenures, promotion
> prospects and so on, which have no intelligence or security value. Why
> should this be denied?
> Coming to the specific case of inclusion of investigation agencies
> such as the CBI and NIA, it is well known that they often take short
> cuts and violate rules. It is only through the RTI Act that persons
> falsely implicated can get relief, as happened in the case of
> Commander Mukesh Saini and Brigadier Ujjal Dasgupta. They were able
> to get bail after spending four years behind bars, only after using
> the RTI Act. In several cases that others have filed, it has been
> shown that the CBI has not followed the rules. This also applies to
> the Special Cell of Delhi Police and other investigation agencies such
> as the NIA. They spend large amounts of funds on legal expenses and
> monetary rewards to their personnel. Once exempted, such information
> will be hidden from public view and scrutiny.
> As regards the Armed Forces, they have not been exempted so far, and
> there is nothing on record to show that this has had any adverse
> effect on their functioning. In any case, they are subject to
> parliamentary oversight by a standing committee of Parliament. If the
> committee can ask them questions, concerning their budget,
> acquisitions, human rights violations, incentives to women etc, which
> do not disclose operational plans, why should a citizen not have the
> same privilege? Every tax payer has a right to know whether an agency
> being maintained from his funds is doing its job or not.
> An important point concerns welfare. Today, a soldier, sailor or
> airman can ask for information concerning his salary, accommodation,
> promotion prospects etc. If the Armed Forces are exempted, this
> information will no longer be available. This will lead to loss of
> morale of the soldier, which is most undesirable.
> On this ground itself, Section 24 needs to be scrapped. The privilege
> available to other government servants is denied to personnel serving
> in the BSF, ITBP, CISF Assam Rifles. RAW, IB etc. If this is not grave
> injustice and discrimination, then what is?
> I feel that the armed forces should not be exempted from the RTI Act
> or jurisdiction of the Lokpal. The applicability of the Army Navy and
> Air Force Acts need a separate discussion.
> Maj Gen VK Singh (Retd)
>
>
> On 6 July 2011 23:08, Sarbajit Roy <sroy.mb@gmail.com> wrote:
>> The CCS (Cabinet Committee on Security) and/or EGOM is to examine whether
>> the Armed Forces should be brought under ambit of LokPal Act or taken out
>> of
>> RTI Act u/s 24 like the CBI (there is now a strong case considering
>> Military
>> Intelligence functions of the 3 service wings). This is in the context of
>> a
>> note to the PM circulated by some Chief Justices which inter-alia refers
>> to
>> the inconsistency of applicability of RTI Act to our Armed Forces.whilst
>> keeping armed forces out of Lokpal scrutiny.
>> The need for amending / harmonising the various Armed Forces Acts.(Army
>> Act,
>> Navy Act etc) is also likely to be discussed.
>>
>> Views of our members with services background is requested.
>>
>