Saturday, August 25, 2012

[HumJanenge] PL. ADVICE - ADDITION OF GROUND IN THE PETITION AT CONSUMER FORUM

I filed a case against a builder (Vatika Land Base, Gurgaon) in the Consumer Forum, Gurgaon and which has been admitted. After this, another consumer told me about some other instances of misrepresentation of facts and cheating which came to his knowledge from the reply of Jaipur Development Board on an RTI filed by him.   
 
Now, what is the procedure to add these such facts in the petition?  Please enlighten me.

[HumJanenge] Anna Hazare must cut ties with Naxalites: Subramanian Swamy

One Sawmy wants another Swami removed <rol>

http://timesofindia.indiatimes.com/india/Anna-Hazare-must-cut-ties-with-Naxalites-Subramanian-Swamy/articleshow/15693162.cms

SATNA: Janata Party president Subramanian Swamy said today that he was
ready to extend support to social activist Anna Hazare provided he
distances himself from with the "Naxalites" in his team. I could not
back Hazare as there are Naxalites in his team. In case, he wants my
support, he must sever ties with them," Swamy told reporters here. He
also said that he did not agree with Hazare's demand that the Lokpal
Bill should be brought first.

[HumJanenge] SC Judgment in Subramanian Swamy PC matter

PC (Chiddu) escapes PC (Prev of Corr.)

[HumJanenge] {PTINEWS}. Update

Please update this email ID to submit your RTI and other corruption
related news stories for publication.

[HumJanenge] Appeal to CIC, Odisha for re-hearing of Complaint petition on denial of disclosure of property statement of Govt. employees.


Dear friends
Below  is my appeal petition  to Chief Information Commissioner, Odisha  to rehear my Complaint petition (CC No.1772/10) in which the Commission upheld that Property Statement of Govt. employees can not be disclosed.

Regards
Pradip Pradhan
M-99378-43482


Appeal under section 19(9) of the RTI Act

To

The State Chief Information Commissioner, Odisha

Toshali Bhawan

Satya Nagar, Bhubaneswar

 

Sub- Appeal for rehearing of Complaint case No. 1772/10   as per section 19(9) of the RTI Act.

 

Sir

 

I beg to  bring  to your kind notice  the following matter  seeking your judicious  action.

 

That,  on dated 30.7.12, while adjudicating my Complaint case, the  Commission  disallowed  my request  of Property Statement of Mr. B.B.Dhal, General Manager, District Industries Centre , Ganjam  citing section 8(1)(j) and 8(1)(e) of the RTI Act.  

 

I object  the  ground  cited by  the Commission  for denying  information  about  property statement of an officer.

First, Section 8(1)(j) of RTI Act  is not applicable  in this case. To my view, Property statement of B.B.Dhal  can not be attributed  as personal information. Mr. Dhal is a Govt. employee. His salary and other allowances is provided  by the  citizens  of the country.  As per Orissa Civil Service Conduct Rule,  it is the routine affairs  of  every Govt. officer or employees  to submit Annual property Statement to the concerned public authority. The citizens has right to know under RTI Act about the movable and immovable property possessed by a Govt. employee.  I do quote herewith decision of Shailesh Gandhi, Central Information Commissioner (Decision No. CIC/SG/A/2009/000818/4195, Appeal No. CIC/SG/A/2009/000818) in which he has defined  Personal  as follows

"Words in a law should normally be given the meanings given in common language. In common language we would ascribe the adjective 'personal' to an attribute which applies to an individual and not to an Institution or a Corporate. From this it flows that 'personal' cannot be related to Institutions, organisations or corporates.  ( Hence we could state that Section 8 (1) (j) cannot be applied when the information concerns institutions, organisations or corporate.)

Further Mr. Gandhi has stated that the phrase 'disclosure of which has no relationship to any public activity or interest'  means that the information must have some relationship to a Public activity. Various Public authorities in performing their functions routinely ask for 'personal' information from Citizens, and this is clearly a public activity.  When a person applies for a job, or gives information about himself to a Public authority as an employee, or asks for a permission, licence or authorisation, all these are public activities. The information sought in this case by the appellant has certainly been obtained in the pursuit of a public activity."   Therefore we can state that disclosure of information such as assets of a Public servant, which is routinely collected by the Public authority and routinely provided by the Public servants, cannot be construed as an invasion on the privacy of an individual.  There will only be a few exceptions to this rule which might relate to information which is obtained by a Public authority while using extraordinary powers such as in the case of a raid or phone-tapping.

Secondly,  I object  applicability of section 8(1)(e)  in context of disclosure of  property statement.  There is no such fiduciary relationship between Govt. and employees. It is routine affairs of an institution to seek property statement of the officers. I refer the word fiduciary defined by Shailesh Gandhi, CIC. "The traditional definition of Fiduciary is a person who occupies a position of trust in relation to someone else, therefore requiring him to act for the latter's benefit within the scope of that relationship. In business or law, we generally mean someone who has specific duties, such as those that attend a particular profession or role, e.g. financial analyst or trustee. The information must be given by the holder of information when there is a choice,- as when a litigant goes to a particular lawyer, or a patient goes to particular doctor. It is also necessary that the principal character of the relationship is the trust placed by the provider of information in the person to whom the information is given. An equally important characteristic for the relationship to qualify as a fiduciary relationship is that the provider of information gives the information for using it for his the benefit of the giver. All relationships usually have an element of trust, but all of them cannot be classified as fiduciary. The information on the assets and properties held by a public servant are provided in the fulfillment of a statutory requirement and there is no element of choice in providing this information."

It has been seen in number  of  decisions of CIC declaring that Assets declared by public servants can be disclosed under RTI : I do present some findings as stated below:

CIC Bench of A.N. Tiwari  & M. L. Sharma In case of Shri P.P. Rajeev Vs. Cochin Port Trust in Appeal No. CIC/AT/A/2008/00707 dated 29.05.2008 held in that : Para -32. We, therefore, reiterate that there cannot be an omnibus order about the disclosure of all immovable assets-related information of employees of public authorities.  The government or the public authorities may frame rules about disclosure of this class of information  held by them as filed by their employees, but till such time as these Rules are framed and, the condition of confidentiality in which such information is handed over to the public authority holds good, the  request for their disclosure will have to be considered on a case-by-case basis under the provisions of Sections 8(1)(j) and 11(1) of the Act.  Similarly, it shall be open to any public authority or the Government to voluntarily undertake to disclose this variety of information, fully or in part.

 Para-33 33. Accordingly, the present case is remitted back to the CPIO, Cochin Port Trust, with the direction that he will consider this matter under the provisions of Section 8(1)(j) and/or Section 11(1) of the RTI  Act and then take a view as enjoined by either or both Sections, which  shall be communicated to the appellant within 6 weeks from the date of the receipt of this order.

 Source: http://rti.india.gov.in/cic_decisions/CIC_SG_A_2011_003719_17410_M_76699.pdf

In a case involving Kendriya Vidyalaya Sanghathan, CIC , Mr. O P Kejariwal ruled:

 "This Bench, however, holds that Annual Property Returns by government employees are in the public domain and hence there seems to be no reason why they should not be freely disclosed. This should also be considered as a step to contain corruption in government offices since such disclosures may reveal instances where property has been acquired which is disproportionate to known sources of income. The Commission, therefore, directs the Respondents to provide copies of property returns asked for by the Appellant"


CCIC Wajah Habibulla held in Appeal No.CIC/WB/A/2007/01593 dated 12.12.2007 on the disclosure of property statements this Commission has taken a decision in File No.  CIC/OK/A/2007/01493 & CIC/OK/A/2008/00027 in the case of  Shri Roshan Lal vs. Kendriya Vidyalaya Sanghathan  that such property statements are not confidential documents and, therefore disclosable.

As  the country is moving towards a transparent regime,  the Central Govt.  has already  publicly  disclosed  the Annual Property Statement of All India Officers like IAS, IPS, IFS etc.  These information has been uploaded in website.  The Election Commission of India  has publicly  exposed property statement of  contesting candidates, Ministers, MPs etc.  in 2006, Central Information Commissioner has issued direction to Supreme Court to provide property statement of judges  under RTI Act.  Information Commissioners of Odisha  have hosted  their property statement in website.  When  there is no harm  in disclosing property statement of  big officers , Ministers, judges  in the country,   Commission's reluctance  to order for disclosure of property statement is  unwarranted.    

I further mention here that  Bihar Govt.  has publicly webhosted property  statement of all officers   which is accessable  by any citizens across the country.  It is matter of great regret  that  State Govt.  has not webhosted   property statement of any officers.  Is not it  colonial secrecy.

I  appeal you to hear my case and provide me the complete information.

 

Thanking you

Yours faithfully

 

 

Pradip Pradhan

Appellant

Date-23.8.12

 





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Re: [HumJanenge] PUBLIC GRIEVANCE: Reconstruction of folder containing comments on RTI Rules.

My email of 21.03.2011 is safely preserved.

What is very interesting is that the 2 spies / touts I complained
about in 2011 are the very same people who are running to the
media today complaining loudly about the file having gone missing.

My email of 21.03.2011 also ensure that the NAC
recommendations (other than 500 words / 1 subject) were thrown
out by DoPT, whereas the ones you and I worked on at
www.humjanenge.org.in were mostly accepted. Thanks for
for your kind review then of my hasty drafting.

Sarbajit
OM ! Brahmakripahikevalam

On 8/25/12, Baby Varkey <babyjohn.varkey@gmail.com> wrote:
> *Dear Mr Sarbajit**
> *
> *EXCELLENT !*
> *
> *It is clear as a bell that folder was "misplaced" because of your
> Confidential Email.*
> *
> *B.J Varkey, Adv*
>
> On Sat, Aug 25, 2012 at 8:27 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
>
>> To:
>> 1) Shri P.K.Misra, Secretary/DoPT,
>> 2) Shri Manoj Joshi, JS(ATA)/DoPT
>>
>> BY EMAIL
>>
>> Date: 25-August-2012
>>
>> Dear Sirs,
>>
>> I refer to reply given to Rajya Sabha by Hon'ble MoS on or about
>> 23.Aug.2012 concerning the subject, as reported by PTI as follows:
>>
>>
>> http://www.business-standard.com/generalnews/news/file-related-to-suggestionsrti-rules-was-misplaced-govt/47311/
>>
>> "File related to suggestions on RTI rules was misplaced: Govt
>> Press Trust of India / New Delhi August 23, 2012, 17:20
>>
>> The file related to suggestions on framing the Right to Information
>> rules was misplaced, Rajya Sabha was informed today.
>>
>> Minister of state for Personnel, Public greivances and Pensions V
>> Narayanasamy said comments of the stakeholders were invited on the
>> proposed Right to Information Rules by putting an Office Memorandum on
>> the official website of Department of Personnel and Training on
>> December 10, 2010.
>>
>> "Comments received from stakeholders on the proposed rules were
>> misplaced. The folder has since been reconstructed," he said in his
>> reply in the House. "
>>
>> In this connexion,
>>
>> I am aggrieved that no copy of FIR reporting the loss / theft has been
>> provided to me, or even the particulars of the concerned police
>> station provided to me.
>>
>> I am especially aggrieved because the Mr Rajeev Kapoor (then JS/A&TA
>> and also nodal PG Director) failed to register on CPGRAMS my Public
>> Grievance in this regard sent to him by email on 21.March.2011 with
>> subject "PUBLIC GRIEVANCE PETITION: Violation of Official Secrets Act
>> by Officers of DoPT". For ready reference I am reproducing the text of
>> my email so that PROMPT AND GENUINE ACTION IS TAKEN since I am
>> concerned that Hon'ble MoS has been misled into giving false
>> information to Parliament. Specifically I allege that the file/folder
>> was not misplaced but it was ILLEGALLY taken out of DoPT premises for
>> private photocopying to provide to foreign intelligence agencies and
>> was not returned. For reasons best known to DoPT no action was taken
>> on my confidential information and I wish to provide all the
>> information in my knowledge to the investigative agencies to whom the
>> DoPT is duty bound to report the loss / theft..
>>
>> I would be obliged if my instant PUBLIC GRIEVANCE email is
>> acknowledged within 3 days as provided for in the Public Grievance
>> redressal scheme.
>>
>> With best wishes
>>
>> Yours faithfully
>>
>> Sarbajit Roy
>> B-59 Defence Colony
>> New Delhi 110024
>>
>>
>> COPY of Email of 21.03.2011
>>
>> To:
>> Jt-Secretary (AT&A)/DoPT,
>> as Nodal Public Grievance Officer/DoPT
>>
>> CONFIDENTIAL / NOT TO BE DISCLOSED
>>
>> BY EMAIL
>>
>> Date: 21-March-2011
>>
>> Sir
>>
>> I am constrained to inform / petition / complain that 2 officers of
>> your Ministry have committed offences punishable under the Official
>> Secrets Act and/or Prevention of Corruption Act by corruptly
>> disclosing information submitted in confidence to your Ministry to
>> persons acting at the behest of foreigners inimical / opposed to the
>> Union of India. It is further pertinent that these brazen acts were
>> committed despite clear warnings and cautions I conveyed to them well
>> in advance. I therefore request you to kindly inquire into the
>> following facts and initiate actions for the requisite prosecution of
>> your junior officers under the applicable laws of India.
>>
>> FACTS:
>>
>> 1) That on or about 10th December 2010 the DoPT published on its
>> website an OM inviting comments on draft RTI Rules by email to
>> US-RTI/DoPT (Shri R.K.Girdhar).
>>
>> 2) That I alongwith other persons known to me duly submitted our
>> detailed comments by email to Shri Girdhar in confidence, each
>> communication being clearly marked at the outset as submitted in
>> Confidence / not to be disclosed. I was especially concerned that my
>> communications not be conveyed to the "NAC" ie. National Advisory
>> Council (which as per me is an extra-statutory body, and a nest of
>> foreign spies and corrupt former public servants eased out of
>> Government for acting as lobbyists/touts).
>>
>> 3) That on or about 29 December 2010 I came to know that a certain
>> Commodore (Retd) Lokesh Batra who is closely associated with NAC
>> member Ms Aruna Roy applied in RTI to Shri R.K Girdhar/CPIO to be
>> provided access to the comments I had submitted in confidence. I
>> promptly, ie. on the very same day, emailed Shri R.K.Girdhar informing
>> him that I was a "third party" opposing disclosure of my
>> communications which were submitted strictly in confidence to DoPT. I
>> specifically called on Shri Girdhar to issue me a statutory 3rd party
>> notice u/s 11 of RTI Act 2005 if he intended to disclose to any person
>> information which either related to me or was submitted by me in
>> confidence. I also say that I thereafter spoke to Mr Girdhar
>> telephonically and reiterated that I was opposed to any disclosure of
>> my numerous filings to DoPT to any outside person.
>>
>> 4) I was therefore shocked to learn that on 2 February 2011 Shri RK
>> Girdhar issued a letter to Commodore Batra (File No.12/325/2010-IR)
>> communicating a time and date where my filed comments would be
>> disclosed to Commodore Lokesh Batra. I am reliably given to understand
>> that the inspection took place on afternoon of 18.Feb.2011 in offices
>> of Shri K./G.Verma and that Commodore Batra was provided xerox copies
>> on the spot of all my communications without payment of the prescribed
>> fees, due to a telephone call from Ms Aruna Roy (honorary member NAC)
>> for this. I am outraged at the blatant subversion of the laws of India
>> to cause me loss and harm by members of your Department. I am outraged
>> that Shri Girdhar failed to issue me a 3rd party notice and disclosed
>> my confidential information to the NAC through Commodore Batra. I am
>> outraged that Shri K.G Verma/Directior RTI went out of his way
>> to show all my confidential papers to Commodore Batra in his office
>> and provided privately a copy set of my papers to Commodore Batra
>> (without deposit of prescribed fees into Govt Treasury) at the behest
>> of Ms Aruna Roy who is an influential private lobbyist. I am outraged
>> that the entire RTI section of your Department has willfully and
>> corruptly evaded diarising the comments received from the public on
>> the aforesaid OM of 10.Dec.2010, so as to disclose them to foreign
>> spies who misuse RTI process. I am outraged that your junior officers
>> have corruptly disclosed my information to Commodore Batra in breach
>> of penal provisions of Prevention of Corruption Act in addition to
>> penal provisions of Official Secrets Act. I am also concerned that
>> Shri K.G.Verma in particular has been influenced by Ms Aruna Roy to
>> water down provisions of draft RTI Rules from 250 word application
>> limit to 500 words whereas I had called for this limit to be further
>> tightened to 150 words etc. as per other laws.
>>
>> Accordingly, I call upon you to
>>
>> A) Kindly acknowledge this Grievance Petition immediately, and
>> b) Kindly take all requisite actions to resolve my grievances under
>> advice/reply to me.
>>
>> Yours faithfully
>>
>> Sarbajit Roy
>> B-59 Defence Colony
>> New Delhi 110024
>> Tel : 09311448069
>>
>

Re: [HumJanenge] PUBLIC GRIEVANCE: Reconstruction of folder containing comments on RTI Rules.

Dear Mr Sarbajit

EXCELLENT !

It is clear as a bell that folder was "misplaced" because of your Confidential Email.

B.J Varkey, Adv

On Sat, Aug 25, 2012 at 8:27 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
To:
1) Shri P.K.Misra, Secretary/DoPT,
2) Shri Manoj Joshi, JS(ATA)/DoPT

BY EMAIL

Date: 25-August-2012

Dear Sirs,

I refer to reply given to Rajya Sabha by Hon'ble MoS on or about
23.Aug.2012 concerning the subject, as reported by PTI as follows:

http://www.business-standard.com/generalnews/news/file-related-to-suggestionsrti-rules-was-misplaced-govt/47311/

"File related to suggestions on RTI rules was misplaced: Govt
Press Trust of India / New Delhi August 23, 2012, 17:20

The file related to suggestions on framing the Right to Information
rules was misplaced, Rajya Sabha was informed today.

Minister of state for Personnel, Public greivances and Pensions V
Narayanasamy said comments of the stakeholders were invited on the
proposed Right to Information Rules by putting an Office Memorandum on
the official website of Department of Personnel and Training on
December 10, 2010.

"Comments received from stakeholders on the proposed rules were
misplaced. The folder has since been reconstructed," he said in his
reply in the House. "

In this connexion,

I am aggrieved that no copy of FIR reporting the loss / theft has been
provided to me, or even the particulars of the concerned police
station provided to me.

I am especially aggrieved because the Mr Rajeev Kapoor (then JS/A&TA
and also nodal PG Director) failed to register on CPGRAMS my Public
Grievance in this regard sent to him by email on 21.March.2011 with
subject "PUBLIC GRIEVANCE PETITION: Violation of Official Secrets Act
by Officers of DoPT". For ready reference I am reproducing the text of
my email so that PROMPT AND GENUINE ACTION IS TAKEN since I am
concerned that Hon'ble MoS has been misled into giving false
information to Parliament. Specifically I allege that the file/folder
was not misplaced but it was ILLEGALLY taken out of DoPT premises for
private photocopying to provide to foreign intelligence agencies and
was not returned. For reasons best known to DoPT no action was taken
on my confidential information and I wish to provide all the
information in my knowledge to the investigative agencies to whom the
DoPT is duty bound to report the loss / theft..

I would be obliged if my instant PUBLIC GRIEVANCE email is
acknowledged within 3 days as provided for in the Public Grievance
redressal scheme.

With best wishes

Yours faithfully

Sarbajit Roy
B-59 Defence Colony
New Delhi 110024


COPY of Email of 21.03.2011

To:
Jt-Secretary (AT&A)/DoPT,
as Nodal Public Grievance Officer/DoPT

CONFIDENTIAL / NOT TO BE DISCLOSED

BY EMAIL

Date: 21-March-2011

Sir

I am constrained to inform / petition / complain that 2 officers of
your Ministry have committed offences punishable under the Official
Secrets Act and/or Prevention of Corruption Act by corruptly
disclosing information submitted in confidence to your Ministry to
persons acting at the behest of foreigners inimical / opposed to the
Union of India. It is further pertinent that these brazen acts were
committed despite clear warnings and cautions I conveyed to them well
in advance. I therefore request you to kindly inquire into the
following facts and initiate actions for the requisite prosecution of
your junior officers under the applicable laws of India.

FACTS:

1) That on or about 10th December 2010 the DoPT published on its
website an OM inviting comments on draft RTI Rules by email to
US-RTI/DoPT (Shri R.K.Girdhar).

2) That I alongwith other persons known to me duly submitted our
detailed comments by email to Shri Girdhar in confidence, each
communication being clearly marked at the outset as submitted in
Confidence / not to be disclosed. I was especially concerned that my
communications not be conveyed to the "NAC" ie. National Advisory
Council (which as per me is an extra-statutory body, and a nest of
foreign spies and corrupt former public servants eased out of
Government for acting as lobbyists/touts).

3) That on or about 29 December 2010 I came to know that a certain
Commodore (Retd) Lokesh Batra who is closely associated with NAC
member Ms Aruna Roy applied in RTI to Shri R.K Girdhar/CPIO to be
provided access to the comments I had submitted in confidence. I
promptly, ie. on the very same day, emailed Shri R.K.Girdhar informing
him that I was a "third party" opposing disclosure of my
communications which were submitted strictly in confidence to DoPT. I
specifically called on Shri Girdhar to issue me a statutory 3rd party
notice u/s 11 of RTI Act 2005 if he intended to disclose to any person
information which either related to me or was submitted by me in
confidence. I also say that I thereafter spoke to Mr Girdhar
telephonically and reiterated that I was opposed to any disclosure of
my numerous filings to DoPT to any outside person.

4) I was therefore shocked to learn that on 2 February 2011 Shri RK
Girdhar issued a letter to Commodore Batra (File No.12/325/2010-IR)
communicating a time and date where my filed comments would be
disclosed to Commodore Lokesh Batra. I am reliably given to understand
that the inspection took place on afternoon of 18.Feb.2011 in offices
of Shri K./G.Verma and that Commodore Batra was provided xerox copies
on the spot of all my communications without payment of the prescribed
fees, due to a telephone call from Ms Aruna Roy (honorary member NAC)
for this. I am outraged at the blatant subversion of the laws of India
to cause me loss and harm by members of your Department. I am outraged
that Shri Girdhar failed to issue me a 3rd party notice and disclosed
my confidential information to the NAC through Commodore Batra. I am
outraged that Shri K.G Verma/Directior RTI went out of his way
to show all my confidential papers to Commodore Batra in his office
and provided privately a copy set of my papers to Commodore Batra
(without deposit of prescribed fees into Govt Treasury) at the behest
of Ms Aruna Roy who is an influential private lobbyist. I am outraged
that the entire RTI section of your Department has willfully and
corruptly evaded diarising the comments received from the public on
the aforesaid OM of 10.Dec.2010, so as to disclose them to foreign
spies who misuse RTI process. I am outraged that your junior officers
have corruptly disclosed my information to Commodore Batra in breach
of penal provisions of Prevention of Corruption Act in addition to
penal provisions of Official Secrets Act. I am also concerned that
Shri K.G.Verma in particular has been influenced by Ms Aruna Roy to
water down provisions of draft RTI Rules from 250 word application
limit to 500 words whereas I had called for this limit to be further
tightened to 150 words etc. as per other laws.

Accordingly, I call upon you to

A) Kindly acknowledge this Grievance Petition immediately, and
b) Kindly take all requisite actions to resolve my grievances under
advice/reply to me.

Yours faithfully

Sarbajit Roy
B-59 Defence Colony
New Delhi 110024
Tel : 09311448069

[HumJanenge] PUBLIC GRIEVANCE: Reconstruction of folder containing comments on RTI Rules.

To:
1) Shri P.K.Misra, Secretary/DoPT,
2) Shri Manoj Joshi, JS(ATA)/DoPT

BY EMAIL

Date: 25-August-2012

Dear Sirs,

I refer to reply given to Rajya Sabha by Hon'ble MoS on or about
23.Aug.2012 concerning the subject, as reported by PTI as follows:

http://www.business-standard.com/generalnews/news/file-related-to-suggestionsrti-rules-was-misplaced-govt/47311/

"File related to suggestions on RTI rules was misplaced: Govt
Press Trust of India / New Delhi August 23, 2012, 17:20

The file related to suggestions on framing the Right to Information
rules was misplaced, Rajya Sabha was informed today.

Minister of state for Personnel, Public greivances and Pensions V
Narayanasamy said comments of the stakeholders were invited on the
proposed Right to Information Rules by putting an Office Memorandum on
the official website of Department of Personnel and Training on
December 10, 2010.

"Comments received from stakeholders on the proposed rules were
misplaced. The folder has since been reconstructed," he said in his
reply in the House. "

In this connexion,

I am aggrieved that no copy of FIR reporting the loss / theft has been
provided to me, or even the particulars of the concerned police
station provided to me.

I am especially aggrieved because the Mr Rajeev Kapoor (then JS/A&TA
and also nodal PG Director) failed to register on CPGRAMS my Public
Grievance in this regard sent to him by email on 21.March.2011 with
subject "PUBLIC GRIEVANCE PETITION: Violation of Official Secrets Act
by Officers of DoPT". For ready reference I am reproducing the text of
my email so that PROMPT AND GENUINE ACTION IS TAKEN since I am
concerned that Hon'ble MoS has been misled into giving false
information to Parliament. Specifically I allege that the file/folder
was not misplaced but it was ILLEGALLY taken out of DoPT premises for
private photocopying to provide to foreign intelligence agencies and
was not returned. For reasons best known to DoPT no action was taken
on my confidential information and I wish to provide all the
information in my knowledge to the investigative agencies to whom the
DoPT is duty bound to report the loss / theft..

I would be obliged if my instant PUBLIC GRIEVANCE email is
acknowledged within 3 days as provided for in the Public Grievance
redressal scheme.

With best wishes

Yours faithfully

Sarbajit Roy
B-59 Defence Colony
New Delhi 110024


COPY of Email of 21.03.2011

To:
Jt-Secretary (AT&A)/DoPT,
as Nodal Public Grievance Officer/DoPT

CONFIDENTIAL / NOT TO BE DISCLOSED

BY EMAIL

Date: 21-March-2011

Sir

I am constrained to inform / petition / complain that 2 officers of
your Ministry have committed offences punishable under the Official
Secrets Act and/or Prevention of Corruption Act by corruptly
disclosing information submitted in confidence to your Ministry to
persons acting at the behest of foreigners inimical / opposed to the
Union of India. It is further pertinent that these brazen acts were
committed despite clear warnings and cautions I conveyed to them well
in advance. I therefore request you to kindly inquire into the
following facts and initiate actions for the requisite prosecution of
your junior officers under the applicable laws of India.

FACTS:

1) That on or about 10th December 2010 the DoPT published on its
website an OM inviting comments on draft RTI Rules by email to
US-RTI/DoPT (Shri R.K.Girdhar).

2) That I alongwith other persons known to me duly submitted our
detailed comments by email to Shri Girdhar in confidence, each
communication being clearly marked at the outset as submitted in
Confidence / not to be disclosed. I was especially concerned that my
communications not be conveyed to the "NAC" ie. National Advisory
Council (which as per me is an extra-statutory body, and a nest of
foreign spies and corrupt former public servants eased out of
Government for acting as lobbyists/touts).

3) That on or about 29 December 2010 I came to know that a certain
Commodore (Retd) Lokesh Batra who is closely associated with NAC
member Ms Aruna Roy applied in RTI to Shri R.K Girdhar/CPIO to be
provided access to the comments I had submitted in confidence. I
promptly, ie. on the very same day, emailed Shri R.K.Girdhar informing
him that I was a "third party" opposing disclosure of my
communications which were submitted strictly in confidence to DoPT. I
specifically called on Shri Girdhar to issue me a statutory 3rd party
notice u/s 11 of RTI Act 2005 if he intended to disclose to any person
information which either related to me or was submitted by me in
confidence. I also say that I thereafter spoke to Mr Girdhar
telephonically and reiterated that I was opposed to any disclosure of
my numerous filings to DoPT to any outside person.

4) I was therefore shocked to learn that on 2 February 2011 Shri RK
Girdhar issued a letter to Commodore Batra (File No.12/325/2010-IR)
communicating a time and date where my filed comments would be
disclosed to Commodore Lokesh Batra. I am reliably given to understand
that the inspection took place on afternoon of 18.Feb.2011 in offices
of Shri K./G.Verma and that Commodore Batra was provided xerox copies
on the spot of all my communications without payment of the prescribed
fees, due to a telephone call from Ms Aruna Roy (honorary member NAC)
for this. I am outraged at the blatant subversion of the laws of India
to cause me loss and harm by members of your Department. I am outraged
that Shri Girdhar failed to issue me a 3rd party notice and disclosed
my confidential information to the NAC through Commodore Batra. I am
outraged that Shri K.G Verma/Directior RTI went out of his way
to show all my confidential papers to Commodore Batra in his office
and provided privately a copy set of my papers to Commodore Batra
(without deposit of prescribed fees into Govt Treasury) at the behest
of Ms Aruna Roy who is an influential private lobbyist. I am outraged
that the entire RTI section of your Department has willfully and
corruptly evaded diarising the comments received from the public on
the aforesaid OM of 10.Dec.2010, so as to disclose them to foreign
spies who misuse RTI process. I am outraged that your junior officers
have corruptly disclosed my information to Commodore Batra in breach
of penal provisions of Prevention of Corruption Act in addition to
penal provisions of Official Secrets Act. I am also concerned that
Shri K.G.Verma in particular has been influenced by Ms Aruna Roy to
water down provisions of draft RTI Rules from 250 word application
limit to 500 words whereas I had called for this limit to be further
tightened to 150 words etc. as per other laws.

Accordingly, I call upon you to

A) Kindly acknowledge this Grievance Petition immediately, and
b) Kindly take all requisite actions to resolve my grievances under
advice/reply to me.

Yours faithfully

Sarbajit Roy
B-59 Defence Colony
New Delhi 110024
Tel : 09311448069

Friday, August 24, 2012

Re: [HumJanenge] Re: No order declaring I-Day, Oct 2, Jan 26 as national festivals

If the union govt has failed declare national festivals, our state
govt has declared them

The Karnataka Industrial Establishments (National and Festival
Holidays) Act, 1963. (State Act w.e.f.11-07-63)

Object This Act provides for the grant of national & festival holidays
to persons employed in industrial establishment in the State of
Karnataka.
Applicability It applies to any industrial establish-ment in the State
of Karnataka.
Grant of National & Festival Holidays Employees are entitled for
national holidays on 26th January, 1st May, 15th August, 2nd October
and 1st November plus other five festival holidays in each calendar
year. But, in case of undertakings of GoI, only three national
holidays plus five other festival holidays are allowed. In case of
general elections to the Lok Sabha and Vidhana Sabha and in case of
any bye election, a holiday shall be given to all employees on polling
day. Approval of holidays in case of disagreement between employer
and employee is referred to the concerned area Labour Officer for
decision.
Rules The Karnataka Industrial Establishments (National and Festival
Holidays) Rules, 1964.





--
Anand S.
Coordinator, Anti Corruption Forum
Bangalore 560 085.
Cell No. +91-87928-91066

Thursday, August 23, 2012

Re: [HumJanenge] Fw: DON'T CALL THE POLICE

I fully endorse the view. i also had the misfortune of calling 100 with nearly the same reaction. An accident is a money-making opportunity for the polce -wallas !!

with warm regards,
 
 
digvijay


--- On Sat, 18/8/12, pavan jain <j_peekay@yahoo.co.in> wrote:

From: pavan jain <j_peekay@yahoo.co.in>
Subject: Re: [HumJanenge] Fw: DON'T CALL THE POLICE
To: humjanenge@googlegroups.com
Date: Saturday, 18 August, 2012, 10:26 AM

Dear All
Calling Policeman is like calling Decoits to yuor house. 
Previously these cops had a bit of respect for uniform but that is absolutely gone now.

Commander P K Jain

--- On Sat, 18/8/12, VINOD KHARE <vinodkhare@vsnl.com> wrote:

From: VINOD KHARE <vinodkhare@vsnl.com>
Subject: Re: [HumJanenge] Fw: DON'T CALL THE POLICE
To: humjanenge@googlegroups.com
Date: Saturday, 18 August, 2012, 5:41 AM

This incident needs to be reported to the Chief Minister Delhi, Commissioner of Police Delhi and the Union Home Minister. Then RTI should be invoked for Action Taken Report(ATR).
Lt Col (Veteran) VC Khare
On 17-08-2012, Mahesh Khera wrote:

---
Lt Col \28Retd\29 VC Khare B-406 Ram Vihar Sector 30, Noida 201303 \28Uttar Pradesh\29 Mob 9312807120, 9810114095 Phone +91-120-2456116
Dear Friends,

Please peruse the trailing mail, a real incident in the heart of posh area in Delhi. We can just imagine what must be happening in other areas. 

How can RTI be used to nail corruption in police duties who are paid from our hard money ?

With warm regards,

Col Mahesh Khera
Fwd as recd:


NO WONDER THEY DON'T WANT JAN LOK PAL

A true story of Army Officer Victimized by Corrupt Policemen--that too In Delhi -National Capital!! You May Be Next!!! Be prepared

If you ever get into an accident NEVER DIAL THE POLICE!!or be prepared for THIS!! 

Yesterday, my wife met with an accident outside Taj Palace Hotel on SP Marg at about 2 pm. She was trying to save a motorbike who suddenly took a wrong U turn where barricades have been put up on the road leading to Army Battle Honours Mess. 

She saved the mobike but as she suddenly halted, a Tata 407 hit her car from behind. The financial damage is another story! I was in office in Greater Noida when she called. 

She said the mobike chap was trying to run away and if that had happened she would have no evidence. 

So after two three desperate calls to me from her, much against my previous experience and wisdom, I decided to call the police and dialed 100. The cops reached around the same time as I did in about 45 mins. 

I had also called an old friend Col Manjit Singh Niranjan, and he fetched up from Gurgaon almost at the same time. We started explaining to the PCR what had happened and found to our surprise that the PCR had whisked away the mobike driver and his wife to RML Hospital. 

We learnt later that the police took the opportunity at the hospital to tutor him to say that he was driving along SP Marg in the same direction as my wife towards Dhaula Kuan (and not taken a wrong U turn as actually happened), and that she hit him from behind! 

At the site, the Inspector and ASI piled onto my wife and tried to tell her it was her fault. The Tata 407 chap kept saying it was the motorbike chaps fault, but they kept ignoring him. Then they said let's go to the Police Station and took my wife's documents. 
As we moved in our cars, we came across the police behind SP Marg flats. 
They had stopped the Tata 407 driver and were talking with him. This was the point when I realized something was brewing. We learnt later that they were threatening him again to say that it was my wife's fault. 

We were asked to proceed to Chankyapuri Police Stn and waited for around three hours. 

Meanwhile, my wife had the good sense to take the mobike driver's No and I called him. 

He turned out to be a jawan from 284 Med Regt and when I identified myself, he said " Sahab, main police ke lafde meing nahin padna chahta. Maine galti ki hai, lekin yeh PCR wale mujhe galat statement dene ke liye bahka rahe hain. Kahte hain tujhe bhi gadi wale se paise dila denge, tu bas unke khilaf statement de de, baki ham sambhal lenge" 

I quickly realized the racket. The Police had understood that the car owner was the right target to extract money from, seeing my wife's financial status. They were accordingly working on a plan to stage manage the witnesses! 

I went out of the Police Station and called the OR. I told him I do not want to press any further charges and that we would sign a razinama. 

He agreed and after another hour arrived at the PS. 

The Police took us to a room and started saying that " Yeh to mamla kachehri mein jayega. Halaat kuch clear nahin lag rahe. Madam kuch kah rahi hain aur mobike driver kuch aur" 

And turning to the OR said - "haan bhai bol". Before he could say anything I said we have reached an understanding and neither party wants to press any charges. 

Hearing this the Insp was taken aback! 
His entire well planned strategy had gone down the drain. He asked the mobike driver that he was sure and not under any duress, still hoping that he could make his buck, but the OR was determined. 
So he made a long face and got us to sign the razinama. 

Now he turned onto the Tata 407 chap and said "iska chalan karo, yehi baar baar bol raha tha motorcycle wale ki galti hai." On this I said we are not withdrawing our statement, we still say it is the mobike person's fault, but we don't want to press any charges. The Tata 407 driver is speaking the truth and you can't penalize him for that." 

The Insp said you people leave, we will let him also go. but I stood my ground and waited till they handed over his papers to him. 

I had to see that justice is done for a man who speaks the truth! So we all walked out of the PS out of the clutches of the Delhi Police at 6,30 pm - after 4 hours of harassment. 

My wife is suffering from shock - not so much from the accident as the Delhi Police's deviousness ! 

She says she had only heard stories but having experienced it first hand, she has lost complete faith in the Delhi Police! 

Thank God the other party was a fauji, otherwise we were done for. He offered to pay me for the damage but I told him I'm not going to take money from a fauji bhai. 

Moral of the Story - Never Dial 100. If an accident happens, resolve it amongst yourselves amicably. The Police does not intervene (unless there has been a loss of life) till you call them (even if they're at the scene). 

I hope none of you ever face this situation. Be prepared for this game plan of our corrupt devious cops & stump them in advance!!! 









 

Wednesday, August 22, 2012

Re: [HumJanenge] Seeking Advice

To the extent that the judgment at Para 21 says that information must
be provided under RTI process in addition to a public authorities own
processes I see no dispute. In the Delhi Highg Court case however, the
PA took the (quite bizarre) stand that since the information already
stood placed in public domain by virtue of the Company Act's
preexisting disclosure provisions, the PA could not be said to either
hold or control the information - hence such info could not be
disclosed under RTI as it is not included in defn of "information".

Sarbajit

Sandeep gupta wrote:
> Please find enclosed a judgement of kerala high court (para 21). as i
> understand from plain reading of this judgement, any route can be used
> for seeking information. As I may not be sound enough to interpret,
> Sarbajit sir may please go through the same and comment.
> regards
> sandeep
>
> On 8/22/12, sarbajit roy <sroy.mb@gmail.com> wrote:
> > Applicant wants certified copy of order of Delhi High Court. The
> > orders of CIC (our old friend) allowing dual route have all been
> > stayed. so Judicial records are to be applied for under High Court
> > Rules (not RTI) as these Rules are (allegedly) framed under
> > CONSTITUTIONAL powers of High Courts which over-ride that of a mere
> > Parliamentary legislation like RTI Act 2005.So follow advice of mr V.
> > Bansal
> >
> > Sandeep gupta wrote:
> >> even kerala high court has held like that. i will send the order soon.
> >>
> >> On 8/22/12, capt beniwal <trident142@yahoo.co.in> wrote:
> >> > I understand CIC has held that the applicant take a route, either under
> >> > RTI
> >> > or the court rules, he likes to obtain the information. rgds. beniwal
> >> >
> >> > --- On Tue, 21/8/12, vinod.virgo@gmail.com <vinod.virgo@gmail.com>
> >> > wrote:
> >> >
> >> > From: vinod.virgo@gmail.com <vinod.virgo@gmail.com>
> >> > Subject: Re: [HumJanenge] Seeking Advice
> >> > To: humjanenge@googlegroups.com
> >> > Date: Tuesday, 21 August, 2012, 4:03 PM
> >> >
> >> > विनोद बंसल जी, विनोद पांड्या जी, एम.के.गुप्ता जी और सुरेंद्र जी, आप सभी
> >> > का
> >> > हार्दिक धन्यवाद। विनोद पांड्या जी, ज़रूरत पड़ी तो आपको फ़ोन पर डिस्टर्ब
> >> > करूंगा।
> >> >
> >> > विनोद अग्रहरि
> >> >
> >> > 2012/8/21 Vinod Pandya <vinod_pandya20@yahoo.co.in>
> >> >
> >> >
> >> > ji apko kort rajisrar ko arji karni hogi aur niklva sakte hai.agar apko
> >> > sp.c.a no. yad hai to net par se bhi le sakte hai.vinod pandya Vinod
> >> > Pandya
> >> >
> >> > 9825551238
> >> >
> >> >
> >> > From: "vinod.virgo@gmail.com" <vinod.virgo@gmail.com>
> >> >
> >> >
> >> > To: humjanenge@googlegroups.com
> >> > Sent: Monday, 20 August 2012 4:14 PM
> >> >
> >> >
> >> > Subject: [HumJanenge] Seeking Advice
> >> >
> >> > आदरणीय साथियो,
> >> > - क्या कोर्ट के किसी
> >> > आदेश की प्रति आरटीआई से निकलवाई जा सकती है?- मुझे दिल्ली हाई कोर्ट के
> >> > एक
> >> > आदेश की सर्टिफाइड कॉपी निकलवानी है।- यह आदेश 1 मई 2012 को जारी हुआ था।
> >> > - यदि आदेश की प्रति निकलवाई जा सकती है, तो आरटीआई आवेदन किसे लिखना होगा
> >> > और
> >> > कहां भेजना होगा?
> >> > कृपया मार्गदर्शन करें।
> >> > ईद की शुभकामनाओं के साथविनोद अग्रहरि
> >> >
> >> >
> >> > वैशाली, ग़ाज़ियाबाद
> >> >
> >> >
> >> >
> >> >
> >> >
> >> >
> >>
> >>
> >> --
> >> Dr. Sandeep Kumar Gupta
> >> 1722, Sector 14, Hisar-125001, INDIA
> >> Phone: 91-99929-31181
>
>
> --
> Dr. Sandeep Kumar Gupta
> 1722, Sector 14, Hisar-125001, INDIA
> Phone: 91-99929-31181

Re: [HumJanenge] Seeking Advice

Please find enclosed a judgement of kerala high court (para 21). as i
understand from plain reading of this judgement, any route can be used
for seeking information. As I may not be sound enough to interpret,
Sarbajit sir may please go through the same and comment.
regards
sandeep

On 8/22/12, sarbajit roy <sroy.mb@gmail.com> wrote:
> Applicant wants certified copy of order of Delhi High Court. The
> orders of CIC (our old friend) allowing dual route have all been
> stayed. so Judicial records are to be applied for under High Court
> Rules (not RTI) as these Rules are (allegedly) framed under
> CONSTITUTIONAL powers of High Courts which over-ride that of a mere
> Parliamentary legislation like RTI Act 2005.So follow advice of mr V.
> Bansal
>
> Sandeep gupta wrote:
>> even kerala high court has held like that. i will send the order soon.
>>
>> On 8/22/12, capt beniwal <trident142@yahoo.co.in> wrote:
>> > I understand CIC has held that the applicant take a route, either under
>> > RTI
>> > or the court rules, he likes to obtain the information. rgds. beniwal
>> >
>> > --- On Tue, 21/8/12, vinod.virgo@gmail.com <vinod.virgo@gmail.com>
>> > wrote:
>> >
>> > From: vinod.virgo@gmail.com <vinod.virgo@gmail.com>
>> > Subject: Re: [HumJanenge] Seeking Advice
>> > To: humjanenge@googlegroups.com
>> > Date: Tuesday, 21 August, 2012, 4:03 PM
>> >
>> > विनोद बंसल जी, विनोद पांड्या जी, एम.के.गुप्ता जी और सुरेंद्र जी, आप सभी
>> > का
>> > हार्दिक धन्यवाद। विनोद पांड्या जी, ज़रूरत पड़ी तो आपको फ़ोन पर डिस्टर्ब
>> > करूंगा।
>> >
>> > विनोद अग्रहरि
>> >
>> > 2012/8/21 Vinod Pandya <vinod_pandya20@yahoo.co.in>
>> >
>> >
>> > ji apko kort rajisrar ko arji karni hogi aur niklva sakte hai.agar apko
>> > sp.c.a no. yad hai to net par se bhi le sakte hai.vinod pandya Vinod
>> > Pandya
>> >
>> > 9825551238
>> >
>> >
>> > From: "vinod.virgo@gmail.com" <vinod.virgo@gmail.com>
>> >
>> >
>> > To: humjanenge@googlegroups.com
>> > Sent: Monday, 20 August 2012 4:14 PM
>> >
>> >
>> > Subject: [HumJanenge] Seeking Advice
>> >
>> > आदरणीय साथियो,
>> > - क्या कोर्ट के किसी
>> > आदेश की प्रति आरटीआई से निकलवाई जा सकती है?- मुझे दिल्ली हाई कोर्ट के
>> > एक
>> > आदेश की सर्टिफाइड कॉपी निकलवानी है।- यह आदेश 1 मई 2012 को जारी हुआ था।
>> > - यदि आदेश की प्रति निकलवाई जा सकती है, तो आरटीआई आवेदन किसे लिखना होगा
>> > और
>> > कहां भेजना होगा?
>> > कृपया मार्गदर्शन करें।
>> > ईद की शुभकामनाओं के साथविनोद अग्रहरि
>> >
>> >
>> > वैशाली, ग़ाज़ियाबाद
>> >
>> >
>> >
>> >
>> >
>> >
>>
>>
>> --
>> Dr. Sandeep Kumar Gupta
>> 1722, Sector 14, Hisar-125001, INDIA
>> Phone: 91-99929-31181


--
Dr. Sandeep Kumar Gupta
1722, Sector 14, Hisar-125001, INDIA
Phone: 91-99929-31181

Re: [HumJanenge] Fw: STATELESS REMEDY TO ILLEGAL PROBLEM"- LT. GEN. (RETD) S.K. SINHA

I fully agree with Gen Sinha. Govt can accept his advice even today to save the nation from another insurgency.
From: capt beniwal <trident142@yahoo.co.in>r
To: humjanenge@googlegroups.com
Sent: Wednesday, 22 August 2012 6:58 AM
Subject: Re: [HumJanenge] Fw: STATELESS REMEDY TO ILLEGAL PROBLEM"- LT. GEN. (RETD) S.K. SINHA
 
another KOSOVA will be carved out of Assam soon, if the congress party continues in power.


--- On Tue, 21/8/12, Dipak M Karnik <dipakmkarnik@yahoo.co.in> wrote:

From: Dipak M Karnik <dipakmkarnik@yahoo.co.in>
Subject: [HumJanenge] Fw: STATELESS REMEDY TO ILLEGAL PROBLEM"- LT. GEN. (RETD) S.K. SINHA
To:
Date: Tuesday, 21 August, 2012, 5:45 PM

 


 
Dear All,This is an important issue of national importance which has wide ranging security implications. The people of this country need to wake up now or be prepared to have a situation like in J & K or even worse. Regards,Brigadier V Mahalingam (Retired)
 Dear Sir, "STATELESS REMEDY TO ILLEGAL PROBLEM"- LT. GEN. (RETD) S.K. SINHA

 
 

'Stateless' remedy to illegal problem

S.K. Sinha

15 Aug 2012


[Halfway through my tenure [ as Governor of Assam ] , chief minister Tarun Gogoi issued statements about what he referred to as my constitutional impropriety in raking up Bangladeshi migrants' issue ]
The ethnic-cum-communal violence in Kokrajhar, resulting in 100 people brutally killed and four lakh rendered homeless, has been a great humanitarian tragedy. The root cause for this mayhem is the changing demographic profile of the region. Ethnic violence of greater dimension took place in Assam during the 1983 Nellie massacre when over 2,000 Bangladeshis were killed in one night, but far fewer rendered homeless.
Assam has been in the eye of East Bengal, now Bangladesh, for over a century. In 1905, the Muslim League demanded "Bange-Islam", merging sparsely populated Assam with heavily populated Muslim majority East Bengal. Mass migration from East Bengal into Assam continued. In the 1931 Assam census report, the British Census Superintendent expressed grave concern over Assamese people getting engulfed by this influx.
During the Second World War, Sir Mohammad Sadaulla, the chief minister of Assam, gave a big fillip to this influx. Lord Wavell in The Viceroy's Journal wrote that in the name of "Grow More Food", Sadaulla was "growing more Muslims". The 1946 Cabinet plan placed Assam and Bengal in Group C. Had this been accepted, Assam would be part of Bangladesh today. During a visit to Guwahati in 1946, Jinnah confidently declared that he had Assam in his pocket.
Zulfikar Ali Bhutto, in 'The Myth of Independence', asserts that the dispute between India and Pakistan is not only about Kashmir but also some districts of Assam adjacent to East Pakistan. Sheikh Mujibur Rahman, in his book 'Eastern Pakistan: Its Population, Delimitation and Economics', wrote, "Eastern Pakistan must include Assam to be financially and economically strong." Various intellectuals in Bangladesh have been advocating lebensraum (living space) for Bangladesh in Assam.
The Congress has been encouraging illegal migration from Bangladesh to build its votebank. Dev Kant Barua, of "Indira is India and India is Indira" fame, as Congress president declared that his party will always win elections in Assam with the help of Alis and coolies; the former standing for Bangladeshi migrants and the latter for tea garden labour.
B.K. Nehru, a respected member of the ruling family, was the governor of Assam in the Sixties. He writes in his autobiography, 'Nice Guys Finish Second', that three politicians from Assam in Delhi guided the Congress' policy on Assam. They were Dev Kant Barua, Moinul Haque Chowdhry former private secretary to Jinnah and then a Cabinet minister and Fakhruddin Ali Ahmed, another Cabinet minister who later became President. B.K. Nehru and B.P. Chaliha, the then chief minister of Assam, took up the issue of illegal migrants from Bangladesh but were restrained.
He laments, "Chaliha placed the national interests above the party but the party high command thought otherwise." Lt. Gen. Jameel Mahmood, the Eastern Army Commander in the Nineties, advised Jyoti Basu and Hiteshwar Saikia, the then chief ministers of Bengal and Assam respectively, that if action was not taken against the Bangladeshi infiltrators, we would have to redraw the boundaries of India in the Northeast. He also wrote to the Army Headquarters that a Kashmir like situation would develop in Dhubri, abutting the narrow Siliguri corridor.
On April 10, 1992, Hiteshwar Saikia stated that there were three million Bangladeshi illegal migrants in Assam. Some MLAs threatened to withdraw support from his government. This would have resulted in his falling. Two days later he committed a volte face and issued a statement that there were no illegal migrants in Assam.
Indrajit Gupta, the home minister told Parliament on May 6, 1997, that there were 10 million illegal Bangladeshi migrants in India, of which three million were reported in Assam. In 1998, as governor of Assam, I submitted a 42-page printed report to the President, pointing out that these illegal migrants were not only changing the demography of Assam but also posing a grave threat to our national security.
I made 15 recommendations, including effective border fencing, multi-purpose identity cards, updating national register of citizens and repeal of Illegal Migrants (Determination by Tribunal) Act. The latter applied only to Assam and facilitated illegal migration. I also recommended that as the Bangladesh government, including Sheikh Hasina, did not accept the fact about illegal migrants, it was not possible to deport them. They should be declared stateless citizens with no voting rights nor be allowed to acquire immovable property.
Twenty Congress MPs from the Northeast appealed to the President to recall me for dabbling in politics. No action was taken on my recommendations. Halfway through my tenure in Assam, Tarun Gogoi became the chief minister. He issued statements to the press about what he referred to as my constitutional impropriety in raking up Bangladeshi migrants' issue. He asked the Centre to restrain me. He was unaware of any Bangladeshi illegal migrants in Assam. Today halfway through his third term as chief minister, he seems to have become wiser. He now admits that Assam is sitting on a volcano. He has even accepted that there are 39,000 illegal Bangladeshi migrants in Assam.
The Supreme Court struck down the IMDT Act in 2005, quoting extracts from my report to the President. The government brought back the IMDT Act through the backdoor by amending the Foreigners Act. This, too, has been struck down. The judiciary has referred to the Bangladeshi infiltration as "demographic aggression". Gauhati high court, in a judgment delivered on July 23, 2008, has observed that Bangladeshi migrants have become kingmakers. Eleven out of 27 districts of Assam have migrant majority.
Two Muslims were killed possibly by Bodos on July 6. The migrant militants retaliated by shooting four Bodo leaders. This led to widespread violence. Both communities have suffered grievously. On July 20, the state government asked for military help which ministry of defence approved on July 24 and the Army got deployed on July 25. The blame game is being played between the Centre and the state. Apart from accusing the Centre of delay, Mr Gogoi has even blamed it for not providing intelligence. The latter, in such cases, is the responsibility of the state government.
Neiphun Riyu, the chief minister of Nagaland, has been reporting that Bangladeshi migrants are receiving arms training in the jungles bordering Assam and Nagaland. This was ignored. The recent ethnic clashes in Kokrajhar show new-found aggressive militancy among Bangladeshi migrants. The All-India United Democratic Front is the second largest party in the state Assembly. It is primarily a communal party of Bangladesh migrants functioning as rival of the Congress. It has been garnering support from minorities all over the country. The recent violence unleashed in Mumbai and Pune is also a result of this.
Apart from ensuring peace and rehabilitating the affected people of both communities, the government must declare illegal migrants stateless citizens. It has all the justification to do so. Over one lakh non-Muslim refugees of 1947 living in Jammu are still stateless citizens with no voting rights nor the right to acquire immovable property. Elsewhere in the country these 1947 refugees were immediately given full citizenship, with two becoming Prime Ministers and one deputy Prime Minister.

A pusillanimous and appeasement approach to the Assam problem is suicidal for national security.
--------------------------------------------------------------------------------------------------------------------

The author, a retired lieutenant-general, was Vice-Chief of Army Staff and has served as governor of Assam and Jammu and Kashmir
Copyright © 2011 The Asian Age. All rights reserved.---------------------------------------------------------------------------------------------------------------------
RELATED PLEASE :

Excerpts from the then Governor of Assam's [Lt. Gen. (retd) S.K. Sinha ] Report to the President of India on 08 Nov 1998 :
And here is what the then Assam Governor, Lt.Gen. (retd) S.K. Sinha, former Vice Chief of Army Staff, reported to the President of India in his report of 08 Nov 1998 :

" Large scale illegal migration from East Pakistan/ Bangladesh over several decades has been altering the demographic complexion of this State. It poses a grave threat both to the identity of the Assamese people and to our national security. Successive governments at the center and in the State have not adequately met this challenge- -. I felt it is my bounden duty to the Nation and the State I have sworn to serve, to place before you this report on the dangers arising from the continuing silent demographic invasion."



Continuing, the General wrote : " The unabated influx of illegal migrants from Bangladesh---,  threatens to reduce the Assamese to a minority in their own State, as happened in Tripura and Sikkim.The long-cherished design of Greater East Pakistan/  Bangladesh, making inroads ito the strategic land-link of Assam with the rest of the country, can lead to severing the entire land mass of the North-East- - -- from the rest of the country. This will have disastrous economic and strategic consequences."


And then, the dire warning : "  This silent and invidious demographic invasion of Assam may result in the loss of geostrategically vital districts of Lower Assam. The influx of  these illegal migrants is turning these districts into a Muslim majority region. IT WILL THEN ONLY BE A MATTER OF TIME WHEN A DEMAND FOR THEIR MERGER WITH BANGLADESH MAY BE MADE. THE RAPID GROWTH OF ISLAMIC FUNDAMENTALISM MAY PROVIDE THE DRIVING FORCE FOR THIS DEMAND. IN THIS CONTEXT IT IS PERTINENT THAT BANGLADESH HAS LONG DISCARDED SECULARISM AND HAS CHOSEN TO BECOME AN ISLAMIC STATE. LOSS OF LOWER ASSAM WILL SEVERE THE ENTIRE LAND MASS OF THE NORTH-EAST FROM THE REST OF INDIA- - -. "


As regards Assam,  Arun Shourie wrote :  " In April 1992 Hiteshwar Saikia, then Chief Minister of Assam, said on the floor of the State Assembly that there were about 3 million illegal Bangladeshi immigrants in the State. The Muslim United Front leaders declared that he must withdraw his statement within 48 hours- or they would bring his government DOWN.  Saikia withdrew his statement !"  


REF :   " Governance and the Sclerosis that has Set In " - Arun Shourie - (Rupa & Co) ;  (2004) - (pp - 207-229).
__._,_.___
 

Tuesday, August 21, 2012

Re: [HumJanenge] Seeking Advice

Applicant wants certified copy of order of Delhi High Court. The
orders of CIC (our old friend) allowing dual route have all been
stayed. so Judicial records are to be applied for under High Court
Rules (not RTI) as these Rules are (allegedly) framed under
CONSTITUTIONAL powers of High Courts which over-ride that of a mere
Parliamentary legislation like RTI Act 2005.So follow advice of mr V.
Bansal

Sandeep gupta wrote:
> even kerala high court has held like that. i will send the order soon.
>
> On 8/22/12, capt beniwal <trident142@yahoo.co.in> wrote:
> > I understand CIC has held that the applicant take a route, either under RTI
> > or the court rules,  he likes to obtain the information. rgds. beniwal
> >
> > --- On Tue, 21/8/12, vinod.virgo@gmail.com <vinod.virgo@gmail.com> wrote:
> >
> > From: vinod.virgo@gmail.com <vinod.virgo@gmail.com>
> > Subject: Re: [HumJanenge] Seeking Advice
> > To: humjanenge@googlegroups.com
> > Date: Tuesday, 21 August, 2012, 4:03 PM
> >
> > विनोद बंसल जी, विनोद पांड्या जी, एम.के.गुप्ता जी और सुरेंद्र जी, आप सभी का
> > हार्दिक धन्यवाद। विनोद पांड्या जी, ज़रूरत पड़ी तो आपको फ़ोन पर डिस्टर्ब
> > करूंगा।
> >
> > विनोद अग्रहरि
> >
> > 2012/8/21 Vinod Pandya <vinod_pandya20@yahoo.co.in>
> >
> >
> > ji apko kort rajisrar ko arji karni hogi aur niklva sakte hai.agar apko
> > sp.c.a no. yad hai to net par se bhi le sakte hai.vinod pandya  Vinod
> > Pandya
> >
> > 9825551238
> >
> >
> > From: "vinod.virgo@gmail.com" <vinod.virgo@gmail.com>
> >
> >
> > To: humjanenge@googlegroups.com
> > Sent: Monday, 20 August 2012 4:14 PM
> >
> >
> > Subject: [HumJanenge] Seeking Advice
> >
> > आदरणीय साथियो,
> > - क्या कोर्ट के किसी
> > आदेश की प्रति आरटीआई से निकलवाई जा सकती है?- मुझे दिल्ली हाई कोर्ट के एक
> > आदेश की सर्टिफाइड कॉपी निकलवानी है।- यह आदेश 1 मई 2012 को जारी हुआ था।
> > - यदि आदेश की प्रति निकलवाई जा सकती है, तो आरटीआई आवेदन किसे लिखना होगा और
> > कहां भेजना होगा?
> > कृपया मार्गदर्शन करें।
> > ईद की शुभकामनाओं के साथविनोद अग्रहरि
> >
> >
> > वैशाली, ग़ाज़ियाबाद
> >
> >
> >
> >
> >
> >
>
>
> --
> Dr. Sandeep Kumar Gupta
> 1722, Sector 14, Hisar-125001, INDIA
> Phone: 91-99929-31181

Re: [HumJanenge] Seeking Advice

even kerala high court has held like that. i will send the order soon.

On 8/22/12, capt beniwal <trident142@yahoo.co.in> wrote:
> I understand CIC has held that the applicant take a route, either under RTI
> or the court rules,  he likes to obtain the information. rgds. beniwal
>
> --- On Tue, 21/8/12, vinod.virgo@gmail.com <vinod.virgo@gmail.com> wrote:
>
> From: vinod.virgo@gmail.com <vinod.virgo@gmail.com>
> Subject: Re: [HumJanenge] Seeking Advice
> To: humjanenge@googlegroups.com
> Date: Tuesday, 21 August, 2012, 4:03 PM
>
> विनोद बंसल जी, विनोद पांड्या जी, एम.के.गुप्ता जी और सुरेंद्र जी, आप सभी का
> हार्दिक धन्यवाद। विनोद पांड्या जी, ज़रूरत पड़ी तो आपको फ़ोन पर डिस्टर्ब
> करूंगा।
>
> विनोद अग्रहरि
>
> 2012/8/21 Vinod Pandya <vinod_pandya20@yahoo.co.in>
>
>
> ji apko kort rajisrar ko arji karni hogi aur niklva sakte hai.agar apko
> sp.c.a no. yad hai to net par se bhi le sakte hai.vinod pandya  Vinod
> Pandya
>
> 9825551238
>
>
> From: "vinod.virgo@gmail.com" <vinod.virgo@gmail.com>
>
>
> To: humjanenge@googlegroups.com
> Sent: Monday, 20 August 2012 4:14 PM
>
>
> Subject: [HumJanenge] Seeking Advice
>
> आदरणीय साथियो,
> - क्या कोर्ट के किसी
> आदेश की प्रति आरटीआई से निकलवाई जा सकती है?- मुझे दिल्ली हाई कोर्ट के एक
> आदेश की सर्टिफाइड कॉपी निकलवानी है।- यह आदेश 1 मई 2012 को जारी हुआ था।
> - यदि आदेश की प्रति निकलवाई जा सकती है, तो आरटीआई आवेदन किसे लिखना होगा और
> कहां भेजना होगा?
> कृपया मार्गदर्शन करें।
> ईद की शुभकामनाओं के साथविनोद अग्रहरि
>
>
> वैशाली, ग़ाज़ियाबाद
>
>
>
>
>
>


--
Dr. Sandeep Kumar Gupta
1722, Sector 14, Hisar-125001, INDIA
Phone: 91-99929-31181

Re: [HumJanenge] STATELESS REMEDY TO ILLEGAL PROBLEM"- LT. GEN. (RETD) S.K. SINHA

To my mind, the rushing back of the Assamese and other tribal citizens to their homes is fraught with ominous possibilities of a big blood bath for expulsion of the non-Indians from Assam and the other neighbouring states.  The Chinese may also jump in to the fray with sympathies to the tribles and propogating anti-Indian sentiment,  by calling the Tibeto-Burman race as of Chinese origin, though the two are distinctly different.  The Govt of India must step in, carry out enumeration of the Indian and non-Indian citizens and expel the Bangladeshi infiltrators even at the cost of straining relations with Bangladesh..  Equally important is guarding the International border in the same manner as it is being done in J & K so that infiltration is checked completely..

--- On Tue, 21/8/12, shanti ranjan behera <shanti_ranjan@rediffmail.com> wrote:

From: shanti ranjan behera <shanti_ranjan@rediffmail.com>
Subject: Re: [HumJanenge] STATELESS REMEDY TO ILLEGAL PROBLEM"- LT. GEN. (RETD) S.K. SINHA
To: "humjanenge@googlegroups.com" <humjanenge@googlegroups.com>
Date: Tuesday, 21 August, 2012, 7:52 PM

Thanks for bringing out the beautiful piece with a lot of historical references.
Regards.
Shanti Ranjan Behera
Odisha




From: Dipak M Karnik <dipakmkarnik@yahoo.co.in>
Sent: Tue, 21 Aug 2012 19:15:06
To: undisclosed recipients: ;
Subject: [HumJanenge] STATELESS REMEDY TO ILLEGAL PROBLEM"- LT. GEN. (RETD) S.K. SINHA
 



 


Dear All,

This is an important issue of national importance which has wide ranging security implications. The people of this country need to wake up now or be prepared to have a situation like in J & K or even worse.

Regards,

Brigadier V Mahalingam (Retired)


 


Dear Sir,


 "STATELESS REMEDY TO ILLEGAL PROBLEM"- LT. GEN. (RETD) S.K. SINHA











 

 

'Stateless' remedy to illegal problem


S.K. Sinha

15 Aug 2012


[Halfway through my tenure [ as Governor of Assam ] , chief minister Tarun Gogoi issued statements about what he referred to as my constitutional impropriety in raking up Bangladeshi migrants' issue ]


The ethnic-cum-communal violence in Kokrajhar, resulting in 100 people brutally killed and four lakh rendered homeless, has been a great humanitarian tragedy. The root cause for this mayhem is the changing demographic profile of the region. Ethnic violence of greater dimension took place in Assam during the 1983 Nellie massacre when over 2,000 Bangladeshis were killed in one night, but far fewer rendered homeless.

Assam has been in the eye of East Bengal, now Bangladesh, for over a century. In 1905, the Muslim League demanded "Bange-Islam", merging sparsely populated Assam with heavily populated Muslim majority East Bengal. Mass migration from East Bengal into Assam continued. In the 1931 Assam census report, the British Census Superintendent expressed grave concern over Assamese people getting engulfed by this influx.

During the Second World War, Sir Mohammad Sadaulla, the chief minister of Assam, gave a big fillip to this influx. Lord Wavell in The Viceroy's Journal wrote that in the name of "Grow More Food", Sadaulla was "growing more Muslims". The 1946 Cabinet plan placed Assam and Bengal in Group C. Had this been accepted, Assam would be part of Bangladesh today. During a visit to Guwahati in 1946, Jinnah confidently declared that he had Assam in his pocket.

Zulfikar Ali Bhutto, in 'The Myth of Independence', asserts that the dispute between India and Pakistan is not only about Kashmir but also some districts of Assam adjacent to East Pakistan. Sheikh Mujibur Rahman, in his book 'Eastern Pakistan: Its Population, Delimitation and Economics', wrote, "Eastern Pakistan must include Assam to be financially and economically strong." Various intellectuals in Bangladesh have been advocating lebensraum (living space) for Bangladesh in Assam.

The Congress has been encouraging illegal migration from Bangladesh to build its votebank. Dev Kant Barua, of "Indira is India and India is Indira" fame, as Congress president declared that his party will always win elections in Assam with the help of Alis and coolies; the former standing for Bangladeshi migrants and the latter for tea garden labour.

B.K. Nehru, a respected member of the ruling family, was the governor of Assam in the Sixties. He writes in his autobiography, 'Nice Guys Finish Second', that three politicians from Assam in Delhi guided the Congress' policy on Assam. They were Dev Kant Barua, Moinul Haque Chowdhry former private secretary to Jinnah and then a Cabinet minister and Fakhruddin Ali Ahmed, another Cabinet minister who later became President. B.K. Nehru and B.P. Chaliha, the then chief minister of Assam, took up the issue of illegal migrants from Bangladesh but were restrained.

He laments, "Chaliha placed the national interests above the party but the party high command thought otherwise." Lt. Gen. Jameel Mahmood, the Eastern Army Commander in the Nineties, advised Jyoti Basu and Hiteshwar Saikia, the then chief ministers of Bengal and Assam respectively, that if action was not taken against the Bangladeshi infiltrators, we would have to redraw the boundaries of India in the Northeast. He also wrote to the Army Headquarters that a Kashmir like situation would develop in Dhubri, abutting the narrow Siliguri corridor.

On April 10, 1992, Hiteshwar Saikia stated that there were three million Bangladeshi illegal migrants in Assam. Some MLAs threatened to withdraw support from his government. This would have resulted in his falling. Two days later he committed a volte face and issued a statement that there were no illegal migrants in Assam.

Indrajit Gupta, the home minister told Parliament on May 6, 1997, that there were 10 million illegal Bangladeshi migrants in India, of which three million were reported in Assam. In 1998, as governor of Assam, I submitted a 42-page printed report to the President, pointing out that these illegal migrants were not only changing the demography of Assam but also posing a grave threat to our national security.

I made 15 recommendations, including effective border fencing, multi-purpose identity cards, updating national register of citizens and repeal of Illegal Migrants (Determination by Tribunal) Act. The latter applied only to Assam and facilitated illegal migration. I also recommended that as the Bangladesh government, including Sheikh Hasina, did not accept the fact about illegal migrants, it was not possible to deport them. They should be declared stateless citizens with no voting rights nor be allowed to acquire immovable property.

Twenty Congress MPs from the Northeast appealed to the President to recall me for dabbling in politics. No action was taken on my recommendations. Halfway through my tenure in Assam, Tarun Gogoi became the chief minister. He issued statements to the press about what he referred to as my constitutional impropriety in raking up Bangladeshi migrants' issue. He asked the Centre to restrain me. He was unaware of any Bangladeshi illegal migrants in Assam. Today halfway through his third term as chief minister, he seems to have become wiser. He now admits that Assam is sitting on a volcano. He has even accepted that there are 39,000 illegal Bangladeshi migrants in Assam.

The Supreme Court struck down the IMDT Act in 2005, quoting extracts from my report to the President. The government brought back the IMDT Act through the backdoor by amending the Foreigners Act. This, too, has been struck down. The judiciary has referred to the Bangladeshi infiltration as "demographic aggression". Gauhati high court, in a judgment delivered on July 23, 2008, has observed that Bangladeshi migrants have become kingmakers. Eleven out of 27 districts of Assam have migrant majority.

Two Muslims were killed possibly by Bodos on July 6. The migrant militants retaliated by shooting four Bodo leaders. This led to widespread violence. Both communities have suffered grievously. On July 20, the state government asked for military help which ministry of defence approved on July 24 and the Army got deployed on July 25. The blame game is being played between the Centre and the state. Apart from accusing the Centre of delay, Mr Gogoi has even blamed it for not providing intelligence. The latter, in such cases, is the responsibility of the state government.

Neiphun Riyu, the chief minister of Nagaland, has been reporting that Bangladeshi migrants are receiving arms training in the jungles bordering Assam and Nagaland. This was ignored. The recent ethnic clashes in Kokrajhar show new-found aggressive militancy among Bangladeshi migrants. The All-India United Democratic Front is the second largest party in the state Assembly. It is primarily a communal party of Bangladesh migrants functioning as rival of the Congress. It has been garnering support from minorities all over the country. The recent violence unleashed in Mumbai and Pune is also a result of this.

Apart from ensuring peace and rehabilitating the affected people of both communities, the government must declare illegal migrants stateless citizens. It has all the justification to do so. Over one lakh non-Muslim refugees of 1947 living in Jammu are still stateless citizens with no voting rights nor the right to acquire immovable property. Elsewhere in the country these 1947 refugees were immediately given full citizenship, with two becoming Prime Ministers and one deputy Prime Minister.

A pusillanimous and appeasement approach to the Assam problem is suicidal for national security.
--------------------------------------------------------------------------------------------------------------------

The author, a retired lieutenant-general, was Vice-Chief of Army Staff and has served as governor of Assam and Jammu and Kashmir

Copyright © 2011 The Asian Age. All rights reserved.
---------------------------------------------------------------------------------------------------------------------

RELATED PLEASE :



Excerpts from the then Governor of Assam's [Lt. Gen. (retd) S.K. Sinha ] Report to the President of India on 08 Nov 1998 :


And here is what the then Assam Governor, Lt.Gen. (retd) S.K. Sinha, former Vice Chief of Army Staff, reported to the President of India in his report of 08 Nov 1998 :

" Large scale illegal migration from East Pakistan/ Bangladesh over several decades has been altering the demographic complexion of this State. It poses a grave threat both to the identity of the Assamese people and to our national security. Successive governments at the center and in the State have not adequately met this challenge- -. I felt it is my bounden duty to the Nation and the State I have sworn to serve, to place before you this report on the dangers arising from the continuing silent demographic invasion."



Continuing, the General wrote : " The unabated influx of illegal migrants from Bangladesh---,  threatens to reduce the Assamese to a minority in their own State, as happened in Tripura and Sikkim.The long-cherished design of Greater East Pakistan/  Bangladesh, making inroads ito the strategic land-link of Assam with the rest of the country, can lead to severing the entire land mass of the North-East- - -- from the rest of the country. This will have disastrous economic and strategic consequences."


And then, the dire warning : "  This silent and invidious demographic invasion of Assam may result in the loss of geostrategically vital districts of Lower Assam. The influx of  these illegal migrants is turning these districts into a Muslim majority region. IT WILL THEN ONLY BE A MATTER OF TIME WHEN A DEMAND FOR THEIR MERGER WITH BANGLADESH MAY BE MADE. THE RAPID GROWTH OF ISLAMIC FUNDAMENTALISM MAY PROVIDE THE DRIVING FORCE FOR THIS DEMAND. IN THIS CONTEXT IT IS PERTINENT THAT BANGLADESH HAS LONG DISCARDED SECULARISM AND HAS CHOSEN TO BECOME AN ISLAMIC STATE. LOSS OF LOWER ASSAM WILL SEVERE THE ENTIRE LAND MASS OF THE NORTH-EAST FROM THE REST OF INDIA- - -. "


As regards Assam,  Arun Shourie wrote :  " In April 1992 Hiteshwar Saikia, then Chief Minister of Assam, said on the floor of the State Assembly that there were about 3 million illegal Bangladeshi immigrants in the State. The Muslim United Front leaders declared that he must withdraw his statement within 48 hours- or they would bring his government DOWN.  Saikia withdrew his statement !"  



REF :   " Governance and the Sclerosis that has Set In " - Arun Shourie - (Rupa & Co) ;  (2004) - (pp - 207-229).





__._,_.___

 










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