Monday, August 13, 2012

Re: [HumJanenge] Rules to kill RTI : its too Serious to be ignored

Roy sir,  who banned you from posting clarifications and your views ? . please give us your views on the new rules if any of these are against the letter and spirit of the RTI  Act.  rgds. beniwal   

--- On Mon, 13/8/12, Sarbajit Roy <sroy.mb@gmail.com> wrote:

From: Sarbajit Roy <sroy.mb@gmail.com>
Subject: [HumJanenge] Rules to kill RTI : its too Serious to be ignored
To: batra_lokesh@yahoo.com, humjanenge@googlegroups.com
Date: Monday, 13 August, 2012, 11:12 PM

Dear Lokesh

I am quite seriously asking you to stop spreading such
disinformation about these Rules.

You are WRONG on almost every point.

Unfortunately I am banned from posting on HJ-YG otherwise
I would have clarified these things to you over there.

You, OTH are afraid to discuss these matters in HJ-GG
because Aruna Roy has warned all card carrying NCPRI
members not to post on HJ-GG on pain of not receiving
an annual X-mas card from Sonia-ji

Sarbajit

On 8/13/12, lokesh batra <batra_lokesh@yahoo.com> wrote:
> [Moderator's note: Attached files can be downloaded from
>
> Analyses of Amendments to RTI Rules & comments
> https://www.box.com/s/a3bedc21726599a9b398
>
> RTI Rules 2012
> https://www.box.com/s/2c58b7809a218a9e7bda
> -vishal]
>
> Rules to kill RTI : its too Serious to be ignored
>
> May be govt has notposted theNotification on RTI Rules 2012 since Parliment
> is in session and Section 29 of the RTI Act requires government to place the
> Notificationin Parliament and get it passed. (Check on that).
>
> Having sent you few posts giving my observations after just initial browsing
> of 2012 RTI Rules.
>
> I once again went through and realised that 500 words and PostalFee
> arerelatively lesser issues viz. "Appeal to Commission".
>
> I already said that the 'Presence of Appellant before theCommission has
> become mandatory if one does not have facilities for Video conferencing or
> find some one to represent him/herbefor commission in Delhi. We know how
> many of Aam Aadmi can availthis living across the length and breath of our
> country. And what about 'Indian Citizens' Abroad'
>
> Now Poor 'Aam Aadmi' to Face Tigers from Public Authority
>
> Let us compareexisting Rules Viz 2012 Rules 12 and 13 to find out how every
> change has gone against 'Aam Aadmi' an in favour of 'Public Authority'
>
> Existing Rule (7)
>
> "7. Personal presence of the appellant or complainant. - (1)The appellant or
> the complainant, as the case may be, shall in every case be informed of the
> date of hearing at least seven clear days before that date.
>
> (2) The appellant or the complainant, as the case may be, may at his
> discretion at the time of hearing of the appeal or complaint by the
> Commission be present
> in person or through his duly authorized representative or may opt not to be
> present.
>
> (3)Where the Commission is satisfied that the circumstances exist due to
> which the appellant or the complainant, as the case may be, is being
> prevented from attending the hearing of the Commission, then, the Commission
> may afford the appellant or the complainant, as the case may be, another
> opportunity of being heard before a final decision is taken or take any
> other appropriate action as it may deem fit.
>
> (4) The appellant or the complainant, asthe case may be, may seek the
> assistance of any person in the process of the appeal while presenting his
> points and the person representing him may not be a legal practitioner."
>
> In Rule 12. of RTI Rules 2012 the Appellant has been deprived of option of
> 'Not to be Present'.
>
> If that was not enough, inNew Rule 12 the Provisionfor "Appellant to seek
> Assistance"has been withdrawn."
>
> Earlier during Commission's hearing CPIO and at most First Appellet
> Authority" (FAA) defending the case.
>
> New Rule 13 empowers Public Authorityto authorise any representative
> (probably itmeans Legal Pandits)or any officer to defend CPIO & FAA.
>
> Under RTI Rules 2012 : "Aam Aadmi has been dis-armedto face tigers of Public
> Authority"
>
> This is the easy way Government found to "KILL RTI ACT"
>
> To enable you to compare RTI Act viz Existing Rules viz.Proposed Rules (now
> approved), I am attachinga pdf file consisting of my comprehensive 'Analyses
> onProposed Amendment to RTI Rules' that I had sentto DoPT in December 2010.
> To understand the finer points.......you may go through Page 15 onwards
> covering "Appeal Part". Time permitting you may browse the ealier pages
> too.
>
> Also attached is RTI Rules 2012 notification for ready reference.
>
> Government without caring for what People said have Bulldozed their way in
> framing RTI RULES 2012.
>
> Raise your Voice before it is too late (before Parliament clears new Rules)
>
> Regards,
> Commodore Lokesh Batra (Retd.)
> -----------
> ----- Forwarded Message -----
> From: lokesh batra <batra_lokesh@yahoo.com>
> To:
> Sent: Monday, August 13, 2012 10:42 AM
> Subject: My take : 2012 RTI Rules
>
>
> On the eve of Independence Day; government curtails people's Freedom to Know
> (Information).
>
>
> 21 months ago, on 10 December 2010 Government seeks Citizens' Comments on
> "Proposed Amendment to RTI Rules".
>
>
> Thousands of people participated in this process by sending their valuable
> comments.
>
>
> Within days of receivingPeople's Comments, DoPT informs me thatthe folder
> containing Peoples' Comments is missing. 21 months later it is still
> missing.
>
>
> Notwithstanding, Government goes ahead and Secretly promulgate amendmentto
> RTI Rules and call it "RTI Rules 2012", amounting to diluation of the RTI
> Act.
>
>
> Asking peoples' Comments whichare thrown intodrain isnothing but a 'Cruel
> Joke on Indian Citizens'
>
>
> Specific comments are given in post below in trail.
>
>
>
> One additional point.
>
>
>
> Under Rule 13 of RTI Rules2012,CPIOare exempted to attend CIC hearing thus
> diluting the responsibility and accountability of CPIO mentioned in Section
> 19(5) of the RTI Act, 2005.
>
>
> Jai Hind
>
> ----- Forwarded Message -----
> From: lokesh batra <batra_lokesh@yahoo.com>
> To:
> Sent: Saturday, August 11, 2012 9:18 PM
> Subject: Urgent: 2012 RTI Rules attached
>
>
> Further to my earlier post of today.
>
>
> I am attaching a pdf file on G.Notification on RTI Rules 2012 dated 31 July
> 2012 (not attached)
>
>
> Beside 500 word restriction and postal charges beyond Rs.50/- .
>
>
> Following observation made:
>
>
> (a) If theappeal to CIC has discrepancy.. it will be returned to Appellant
> for completion and return.
>
>
> (b)First Appeal ismandatory. (My take : What happens to Section 18 about
> complaints)
>
>
> (c) Option for Appellant not to attend appeal in CIC has been withdrawn.
>
>
> (My take: Either you find some one to represent you or have video facility
> ... you have to attend 2nd appeal... will it be possible for people living
> across the country and even abroad? Its a cruel joke on people).
>
>
> If yougo thru RTI Rules mailed in earlier post... you may find more areas of
> concern.
>
>
> You may recap the sequence by going thru my earlier posts in the trail.
>
>
> Commodore Lokesh Batra (Retd.)
>
>
> ----------------------
>
> RTI RULES Amended
>
>
>
> Recall I had issued ALERT on the subject on 15 July 2012 (see my post in
> trail with few attachments):
>
>
> Remember 18 months ago on 10th December 2010, DoPT had promulgated "Proposed
> Amendment to RTI Rules" that generated lot of heat. Than there was deafening
> silence.
>
>
> Till DoPT replied to my recent RTI of 07 June 2012 that file is with PMO
> since 11 January 2012. On 11 July 2012 I filed an RTI in PMO to know more
> about it. Rest is history.
>
>
>
> After I filed an RTI in PMOon 11 July 2012 (where the file was held since 11
> January 2012 for PM nod)Govt moved fast and promulgated Amendment to RTI
> Rules. (RTI response from PMO still awaited. Now CPIO will tell me file is
> back in DoPT.)
>
>
> At this stage I sent my ALERT post: Are we going to get sudden Announcement
> of "RTI RULES Amended" ?
>
>
> YESIT HAS COME TRUE
> (Read HT Story of 11 August 2012 below)
>
>
> http://www.hindustantimes.com/India-news/NewDelhi/Govt-puts-limits-on-your-right-to-information/Article1-911648.aspx
>
>
> Govt puts limits on your right to information
>
>
> Aloke Tikku, Hindustan Times
> New Delhi, August 10, 2012
>
>
> ----------------------
>
>
> ----- Forwarded Message -----
> From: lokesh batra <batra_lokesh@yahoo.com>
> To:xxxxxx
> Cc: xxxx
> Sent: Sunday, July 15, 2012 7:09 PM
> Subject: ALERT: What's RTI Rules file doing in PMO?
>
>
> ALERT :What's RTI Rules file doing in PMO?
>
>
> I filed anRTI on 07 June 2012in DOPT to know the status of "Proposed
> Amendment to RTI Rules" promulgated by DoPTon 10 December 2010.
>
>
> DoPT in response intimated:
>
>
> (a) DoPT File on "Proposed Amendments to RTI Rules" is in PMO since 11
> January 2012.
>>>>
>>>>
>>>>(b) The folder on the subject containing Citizens' Suggestion on
>>>> "Proposed Amendments to RTI Rules"is missing in DoPT. This was told to
>>>> me even over a year ago when I went to inspect said file on 18 February
>>>> 2011
>
> I have since filed an RTI in PMO on 11 July 2012. (See Attachment PMO RTI
> (Rules) dt 11 July 2012.
>
>
> LETS BEON ALERT: Are we going to get sudden Announcement of "RTI RULES
> Amended" ?
>
>
> {Commodore Lokesh. K. Batra (Retd.)}
> Social & RTI Activist
> BringChangeNow
>
> Phone :0120 – 2538939
>

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