Mnay thanks for forwarding 2 emails from Krishnaraj Rao to HJ-GG.
Ordinarily, I would have allowed your messages to be posted but Mr.Rao
has some issues with our group and had got unsubscribed some time back.,
Of course he is always welcome to rejoin
Mr Rao (like most RTI activists) is unwilling to concede that other people can hold
opinions on RTI / law different from his. - which are correct. He is unwilling to join
any civilised discussion on RTI - he is not alone in this. All the NGO parasites
wish to collectively ignore our group because the nonsense they propagate
gets exposed in 2 rounds of discussion.
Warmly
Sanbajit Roy
---------- Forwarded message ----------
From: Krishnaraj Rao <sahasipadyatri@gmail.com>
Date: Wed, Apr 11, 2012 at 2:52 PM
Subject: (Desiyatra)-- CIC Shailesh Gandhi's Pro-Greens Order to MOEF: Give Gadgil report on Western Ghat Ecology
To:
Shailesh Gandhi's order has wide applicability for citizens' access to govt. expert panel reports
11 April 2012, Mumbai: In an order that should make eco-activists cheer, Central Information Commissioner Shailesh Gandhi on Monday asked Ministry of Environment and Forests (MOEF) to disclose the report submitted by the Western Ghats Ecology Expert Panel ("WGEEP") chaired by Professor Madhav Gadgil. The CIC overruled the arguments of MOEF Deputy Director Dr. Amit Love, who in his capacity as MOEF's public information officer argued that the "scientific or economic interests of the State" would be affected by disclosure at this stage.
The Western Ghats Ecology Expert Panel or WGEEP was set up in 2010 top assess the ecological status of the Western Ghats region, demarcation of areas within the said region required to be notified as ecologically sensitive, and recommendations for conservation, protection and rejuvenation of the Western Ghats region. Subsequently the panel was also given the task of examining the Athirappilly Hydroelectric projects.
CIC Shailesh Gandhi's order is attached and also can be downloaded here: http://www.rti.india.gov.in/cic_decisions/CIC_SG_A_2012_000374_18316_M_79964.pdf
HIGHLIGHTS OF THIS CIC ORDER:
1) WORK-IN-PROGRESS IS NOT 'DRAFT REPORT': As Prof. Gadgil's report has already been submitted to MOEF, it cannot be denied on the grounds that it is a 'draft' report. Moreover, there is no provision in the RTI Act which exempts from disclosure a report that has not been finalized or accepted by a public authority.
2) REASONS FOR DENIAL MUST STRICTLY BE AS PER RTI ACT. A PIO must provide the information within 30 days unless it falls under the ten exemptions of Section 8 (1) or Section 9. As an illustration, there is no exemption for 'confidential' information, unless it has been provided by a foreign Government.
3) BE TRANSPARENT WHILE FORMULATING POLICIES. The PIO has claimed that the policy is being formulated and hence the report cannot be disclosed. This Bench would like to remember Justice Mathew's clarion call in State of Uttar Pradesh v. Raj Narain (1975) 4 SCC 428 - "In a government of responsibility like ours, where all the agents of the public must be responsible for their conduct, there can be but few secrets. The people of this country have a right to know every public act, everything that is done in a public way by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearing. Their right to know, which is derived from the concept of freedom of speech, though not absolute, is a factor which should make one wary when secrecy is claimed for transactions which can at any rate have no repercussion on public security".
4) RTI IS A TOOL FOR ENVIRONMENTALLY AWARE CITIZENS. With the advent of the RTI Act, citizens have access information impacting the environment such as impact assessment reports, clearances, permissions/licenses provided by the concerned ministries, etc. This has enabled citizens to knowledgeably understand environmental issues. Citizens and civil society, who are actively pursuing the objective of protecting the biodiversity of ecologically sensitive regions, flora, fauna, and endangered species, now have access to information which allows them to obtain a true picture of our ecosystem. The RTI Act has proved to be a crucial tool for creating awareness among citizens and making them cognizant of the realities.
5) DON'T HIDE REPORTS TO AVOID FRESH PROPOSALS FROM CITIZENS. The PIO argued that premature release of the report (containing the methodology for demarcation) into the public domain without adequate consultations with the state governments/central ministries to refine the boundaries of ecosensitive areas may lead to a situation wherein there would be an influx of proposals for declaration of eco-sensitive zones in the Western Ghats by individuals/groups/organizations. His contention is that this would impact economic progress and interests. The order rejects this reasoning, saying, "Mere apprehension of proposals being put forth by citizens and civil society who are furthering the cause of environment protection cannot be said to prejudicially affect the scientific and economic interests of the country. Disclosing a report or information does not mean that the government has to follow it."
6) DENIAL OF INFORMATION PROTECTS ONLY VESTED INTERESTS. Further, the PIO appears to suggest that a slow-down in economic activity on account of environmental concerns is not desirable. If an economic activity causes substantial loss to the environment, then it is necessary that such an activity is not carried out or deferred to a later date. The order rejects such reasoning, saying, "The only real loss may be to some people who wish to exploit the resources presently. The Nation would not really lose. On the other hand, if the economic activity is allowed to be carried on without a proper appreciation of its deleterious consequences, it would lead to an irreversible destruction of the environment with valuable resources being lost. This would be against the tenet of 'sustainable development'".
7) PROACTIVE DISCLOSURE OF SUCH REPORTS IS NECESSARY. The preceding arguments lead to the conclusion that all reports of Panels, Experts, Committees, and Commissions which are set up by Government by spending public funds must be displayed suo moto as per the mandate of Section 4 (1) (c ) & (d) read with 4 (2). If parts of such report are exempt as per the RTI Act, the exempt parts could be severed after providing the reasons for such severance. If the entire report relates to the security or strategic interest of India, this should be stated. Such a practice would be in accordance with the provisions of Section 4 of the RTI Act and would result in greater trust in the Government and its actions.
Warmly,
Krish
98215 88114
--
With regards to all,
------Mukund Apte
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