Date: Mon, 22 Aug 2011 12:30:29 +0530
Subject: Re: [HumJanenge] PUNJAB NOTIFIES A POLICY FOR PROTECTION OF RTI ACTIVISTS AND WHISLE-BLOWERS
From: ajay20dubey@gmail.com
To: humjanenge@googlegroups.com
CC: hcarora.highcourt@gmail.com
Dear sir,
17 MAY 2011
PUNJAB NOTIFIES A POLICY FOR PROTECTION OF RTI ACTIVISTS AND WHISLE-BLOWERS
During the resumed hearing of a PIL filed by H.C. Arora, advocate and State President of RTI Activists Federation Punjab today before
a Division Bench comprising ACJ Adarsh Goel and Justice A.K. Mittal of the Punjab & Haryana High Court, the Additional Advocate
General appearing for State of Punjab, Mr. Sehgal, informed the HC about finalization and circulation of the policy for protection of RTI Activists;
and produced a copy of the said policy.
During last hearing of this PIL on February 22nd, Ms. Madhu Dayal, appearing for Punjab, had stated that the policy framed by Punjab
Government shall be produced before the Court on next date of hearing.
An affidavit signed by Gurinderjit Singh, DSP, Security, Punjab, Chandigarh states that this policy has been sent to the
Addl. DGP, Security, Punjab, Chandigarh also, besides circulated to all the Commissioners of Police and SSPs in the State
of Punjab for necessary action.
The features of the policy are:-
- A whistle-blower activist, who has a threat perception of danger to his /her life or any liberty, may approach the concerned
- District Magistrate or Commissioner of Police, as the case may be. The concerned authority makes an enquiry of the
- threat perception within 48 hours of receiving the application and if it is found that threat perception is genuine, then he/
she shall be provided security forthwith.- Assistance of Intelligence Wing as well as the district police shall be taken to assess the threat perception of the Whistle-Blower/
RTI Activists and all relevant facts shall be taken into consideration before specifically granting or rejecting the demand of security
by a Whistle-Blower or RTI Activist.- The threat perception is depending upon facts and circumstances of each individual case. In case of Whistle-Blower/RTI Activists
the intensity of threat may increase or decrease with a passage of time.- It cannot be taken for granted that security once provided to a Whistle-Blower/ RTI Activist shall continue for all time to come.
The security may be increased/decreased or withdrawn completely depending upon the threat perception review/ report by the district police.- Any misuse of the security personnel by the protectee shall be viewed very seriously and the remedial action required shall be
taken forthwith. It will also attract penal action as per law.- Protection to a Whistle-Blower/ RTI Activist under this policy shall be available provided that the disclosure is:-
(i) made in good faith;
(ii) The Whistle-Blower has reasonable information or documents in support thereof; and
(iii) Not for personal gain or animosity against the subject.
It is pertinent to notice that the policy categorically declares in definition clause that "An RTI Activist may or may not be a Whistle-Blower
but may be under threat due to his/ her continuous effort to seek information regarding corruption/ corrupt practices/ mal-practices
in a Government organization."
The policy defines a "Whistle-Blower" as some one who makes a protected disclosure; and it defines a "protected disclosure" means
a concern raised by a written communication made in good faith that discloses or demonstrates information that may evidence unethical
or improper activity."
Significantly enough, the petitioner, being not fully satisfied of the policy, stated before the Court that there should be a nodal authority who
should be senior enough in the Government to hear the complaints of the RTI Activists; The Bench also recorded an observation in today's
order that "such a nodal authority should be such that it should be easily accessible", and further after referring to the Whistle-Blowers' Protection
Bill pending in the Parliament, observed that "the mechanism included in the said Bill appears to be much better than what Punjab
Government has introduced." The Bench also granted some more time to the Haryana Government and the UT Chandigarh Administration,
while adjourning the PIL to August 17th, 2011 for further hearing, and meanwhile directed all the respondents, including Punjab Government,
to officially place their affidavits and policies on record within six weeks. Advocate H.C. Arora is himself petitioner in this case.
--
"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
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