Saturday, May 14, 2016

[IAC#RG] NARENDRA MODI’S TWO DISMAL YEARS AS PM

The Narendra Modi government is completing two years and has failed on all counts while throttling even basic democratic values. The foul modus operandi of high-handedly destabilizing elected governments in non-BJP ruled states must be stoutly deprecated. The right lessons must be learnt from Uttarakhand. India may be publicly acclaimed as the world's largest democracy but the ground reality is that we are now ebbing away from Democracy with no transparency in the functioning of the Government. Any person attempting to tell the Government that all is not well, gets manhandled. An opponent is incarcerated as a seditionist! 

Narendra Modi rode to power vowing that he will do in 50 months what others had not done in 50 years. He had promised 'Acche din' for the Aam Aadmi and Good governance but his then enthusiasm for freedom has been waning away and we now have an emerging culture of surveillance and secrecy.  Over the last two years he has only been blabbering and merrily touring the world. Fascism is at its peak, with sheer intolerance to any criticism

It is no secret that the BJP government is geared, controlled, and manipulated by the RSS and the VHP who are deeply entrenched in their very divisive ideology. The people of India are now seeing through NaMo's vicious game plan with the chorus already bugling 'BJP Hatao Desh Bachao'. 

Governance by cloak of secrecy and opaqueness needs to be strongly resisted. It cannot be a hush-hush regime. We need to dismantle those walls of secrecy that continue to hound transparency and good governance. Over the last two years the poor have become poorer but only the BJP has become very cash rich.  In those very words of  Narendra Modi 'Sabko sanmati de bhagwan' (Let good sense prevail). It is only time that the voices will speak. Jai Hind!



Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006


Mobile No: 9822684372


Office Tel  No: (0832) 2444012

Email: airesrodrigues1@gmail.com

                         Or

           airesrodrigues@yahoo.com


You can also reach me on


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Twitter@rodrigues_aires


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Tuesday, May 10, 2016

Re: [IAC#RG] COURTS NEED TO CURTAIL HOLIDAYS TO COMBAT THE HUGE PENDENCY

What about the 'No Adjournment' rule to make Advocates come prepared ?

And do you want let the Government keep pressuring the Collegium to appoint 'convenient' judges ?

Sent from my iPhone

On 11-May-2016, at 10:19 AM, Aires Rodrigues <airesrodrigues1@gmail.com> wrote:

The  move by the Allahabad High Court to curtail its summer vacation is a step in the right direction. Infact the Supreme Court which currently functions for less than nine months a year should have taken the lead to increase its court working days so that it could have been also replicated by all Courts across the country to being down the current enormous pendency of cases.


The mountain of pile up of cases is indeed a matter of immense concern. Over three crore cases in trial Courts, a whopping 41 lakh in the 24 High Courts and a mind boggling over 60,000 in the Supreme Court is no easy task to grapple with.


The concept of evening and night Courts is impractical and having been tried in some states has miserably failed. Infact reducing the number of court holidays may be the way to go. Optimizing the working of the Courts during the day must be the thrust by possibly even increasing the Court working hours by an hour or two.  But for all this to happen only persons with sound knowledge of law and impeccable integrity must be selected as Judges at all levels of the Judiciary. 

 

Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006


Mobile No: 9822684372


Office Tel  No: (0832) 2444012

Email: airesrodrigues1@gmail.com

                         Or

           airesrodrigues@yahoo.com


You can also reach me on


Facebook.com/ AiresRodrigues


Twitter@rodrigues_aires


www.airesrodrigues.com


Posted by at No comments:

Re: [IAC#RG] COURTS NEED TO CURTAIL HOLIDAYS TO COMBAT THE HUGE PENDENCY

It is not merely working hours and holidays. Even the fairness of judgments and their enforcement are  very important. Firstly the judiciary does not even punish corrupt and delinquent public servants. It is rarely that they make even some meaningless comments on the criminals if they are public servants. This is one of the major reasons why these public servants are repeatedly committing crimes and even making them more and more serious! When it comes to orders in favour of litigants from the public again they fail to enforce their orders making the citizens run from pillar to post in vain and finally resort to litigation in the nature of contempt of court! Anyhow, suffice to say, everything is rotten in our judiciary and reforming it would involve herculean effort!

ravi

On Thu, May 5, 2016 at 2:44 PM, Aires Rodrigues <airesrodrigues1@gmail.com> wrote:

The  move by the Allahabad High Court to curtail its summer vacation is a step in the right direction. Infact the Supreme Court which currently functions for less than nine months a year should have taken the lead to increase its court working days so that it could have been also replicated by all Courts across the country to being down the current enormous pendency of cases.


The mountain of pile up of cases is indeed a matter of immense concern. Over three crore cases in trial Courts, a whopping 41 lakh in the 24 High Courts and a mind boggling over 60,000 in the Supreme Court is no easy task to grapple with.


The concept of evening and night Courts is impractical and having been tried in some states has miserably failed. Infact reducing the number of court holidays may be the way to go. Optimizing the working of the Courts during the day must be the thrust by possibly even increasing the Court working hours by an hour or two.  But for all this to happen only persons with sound knowledge of law and impeccable integrity must be selected as Judges at all levels of the Judiciary. 

 

Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006


Mobile No: 9822684372


Office Tel  No: (0832) 2444012

Email: airesrodrigues1@gmail.com

                         Or

           airesrodrigues@yahoo.com


You can also reach me on


Facebook.com/ AiresRodrigues


Twitter@rodrigues_aires


www.airesrodrigues.com



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Thursday, May 5, 2016

[IAC#RG] COURTS NEED TO CURTAIL HOLIDAYS TO COMBAT THE HUGE PENDENCY

The  move by the Allahabad High Court to curtail its summer vacation is a step in the right direction. Infact the Supreme Court which currently functions for less than nine months a year should have taken the lead to increase its court working days so that it could have been also replicated by all Courts across the country to being down the current enormous pendency of cases.


The mountain of pile up of cases is indeed a matter of immense concern. Over three crore cases in trial Courts, a whopping 41 lakh in the 24 High Courts and a mind boggling over 60,000 in the Supreme Court is no easy task to grapple with.


The concept of evening and night Courts is impractical and having been tried in some states has miserably failed. Infact reducing the number of court holidays may be the way to go. Optimizing the working of the Courts during the day must be the thrust by possibly even increasing the Court working hours by an hour or two.  But for all this to happen only persons with sound knowledge of law and impeccable integrity must be selected as Judges at all levels of the Judiciary. 

 

Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006


Mobile No: 9822684372


Office Tel  No: (0832) 2444012

Email: airesrodrigues1@gmail.com

                         Or

           airesrodrigues@yahoo.com


You can also reach me on


Facebook.com/ AiresRodrigues


Twitter@rodrigues_aires


www.airesrodrigues.com


Posted by at No comments:

Wednesday, April 20, 2016

Re: [IAC#RG] Central Government invites suggestions on the manner of uploading RTI replies and FAA orders on website in a legal vacuum about personal data protection

A very cumbersome but purposeful effort. Thank you very much.


Now one thing: have you noticed that in most, if not all, these orders while the address of the appellants have been given completely only the address of the pios and faas are available- their names are not! This inspite of the fact that they are supposed to be personally responsible for the replies they give and it the pio as an individual who is penalised for lapses/delays!

regards n bw

ravi



On Mon, Apr 4, 2016 at 6:36 PM, Rakesh <rakeshbhma@gmail.com> wrote:
Dear all,
In its OM dated 23/03/2016, the Department of Personnel & Training, Government of India has invited people to send their suggestions on the manner of disclosure of RTI applications and first appeals received and the responses of the Public Information Officers (PIOs) and First Appellate Authorities (FAAs), respectively on their official website. The deadline for submission of suggestions is 07/04/2016.

Before arriving at any opinion on the issue raised in the OM, it is important to look at the practice of Information Commissions regarding disclosure of the identity of the appellant and complainants who approach them.


The Practice across Information Commissions
 A snapshot view of the practice in the Information Commissions established across the country is given below:

The practice is not uniform within the Central Information Commission (CIC). The orders issued by 5 members of the CIC disclose the name and the postal address of the RTI Appellants. In some cases even the name of the father of the RTI Appellant is mentioned. For example see: 


In the case of the 6th IC at the CIC the orders disclose only the name, district and some times the State of the RTI Appellants. For example please see:



In the case of the 7th IC at the CIC the orders mention only the name of the RTI Appellant and the name of the public authority. For example please see:


This the latest pattern of recording the identity of the RTI Appellants of the members of the CIC who have been around for some time now. The orders of the 3 newly appointed ICs are not yet available on the CIC's website, if they have started hearing cases.


In the case of Jammu and Kashmir, the lone serving IC's orders disclose the name and postal address of the RTI Appellants along with the name of their fathers. For example see: http://jksic.co.in/pdf.php?id=3233


In the case of Himachal Pradesh, the name and address of the RTI Appellants are disclosed. In some cases the name of the Appellant's father is also disclosed. For example see: 



In the case of Punjab, the name and postal address of the RTI Appellants are dislcosed. In some case the name of the RTI Appellant's father is also disclosed. For example see: http://infocommpunjab.com/Orders2016.aspx


In the case of Haryana, the name and postal address of the RTI Appellants are disclosed in the orders. IN some cases the name of the RTI Appellant's father is also mentioned. For example see:



In the case of Uttarakhand, the orders disclose the name and postal address of the RTI Appellants. For example see:


In the case of Bihar, the orders of at least 1 serving IC disclose the name and postal address of the RTI Appellant. For example see: http://www.biharonline.gov.in/sic/sic_docs/10274_08_09/10274_08_09-Page5.pdf RTI users in Bihar may share the practice of other ICs


In the case of Rajasthan, I could not find the orders of the IC for 2015-16 on the website. Until 2014 the practice was to disclose the name and postal address of the RTI 


In the case of Chhattisgarh, I could find decisions of the ICs only up to January 2015. The practice varies from case to case. In some, only the name of the RTI Appellants and the district are disclosed in the order while in others the complete postal address is disclosed. For example see: 


In the case of Maharashtra, the name and complete postal address of the RTI Appellants are disclosed in the orders. For example see the decisions from various Benches: 








In the case of Karnataka, the name and complete postal address of the RTI Appellants are disclosed in the orders. In some cases the name of the Appellant's father is also disclosed. For example see:





In the case of Kerala, I could find decisions of the ICs only up to 2014. The orders disclose the name and postal address of the RTI Appellant. For example please see:http://keralasic.gov.in/images/stories/sic/decisions/orders2014/cic_14/ap79_13.pdf


In the case of Tamil Nadu, the name and postal address of the RTI Appellants are disclosed in the orders. For example see: http://www.tnsic.gov.in/judgements/new/pdfs/E_SA3981_010316_BNj.pdf


In the case of Andhra Pradesh, the name and postal address of the RTI Appellants are disclosed in the orders. For example see: http://www.apic.gov.in/decisionsPDFwithFrame.do?ic=CMR/2016/I




In the case of Arunachal Pradesh, the name and postal address of the RTI Appellants are mentioned in the orders. Arunachal and Tripura (see below) are perhaps the only SICs which name the PIOs in their orders. I have not come across names of PIOs in the recent orders issued by any of the Information Commissions reviewed here. For example see: http://www.arnsic.nic.in/decisions/2015/decisions/APIC-59-2015.pdf


In the case of Assam, only the names of the RTI Appellants are disclosed in the orders. For example see: http://www.sicassam.in/ssc/decision-onhearing-2015.php


In the case of Manipur, in some of the orders only the name of the RTI Appellants are mentioned while in others the postal address of the Appellant is also mentioned. For example see: 



In the case of Meghalaya, only the names of the RTI Appellants and the area/town/city/village of residence and/or the district are disclosed. For example see: 



In the case of Nagaland, the name and the postal address of the RTI Appellants are disclosed. For example see: http://nlsic.gov.in/appeals14-15/da18-close.pdf


In the case of Mizoram, only the name and the area in which the RTI Appellant lives is disclosed in the SIC's order. For example see: https://mic.mizoram.gov.in/uploads/files/s-a-no-53-2015-mic.pdf


In the case of Tripura, the name and postal address of the RTI Appellants are disclosed. In some case the name of the father of the RTI Appellant is also disclosed in the SIC's order. The names of the PIOs are also disclosed. For example see: 



In the case of Sikkim, only the name of the RTI Appellants and the area and district where they live are disclosed in the order. For example see: http://www.cicsikkim.gov.in/

As for West Bengal, the SIC's website does not display a list of orders after 2009. Even this list does not open up the actual orders on any Internet browser. Similarly, the Gujarat SIC's website does not display any orders since 2009. However the Cause List for March 2016 discloses the name and postal address of the RTI Appellant.

In the case of Uttar Pradesh, recent decisions are not accessible on the SIC's website. However the orders from 2009-2011 disclose only the name of the RTI Appellant and the Respondent Public Authority. In the case of Madhya Pradesh, I could not find orders issued after 2006 on the SIC's website. In the few orders uploaded on their website, the name and postal address of the RTI Appellant are mentioned. I could not locate any of the decisions of the Jharkhand SIC on its website. In the case of Goa, although the cause titles of decided cases are mentioned, the text of the orders do not open up on any browser.

A large number of the Information Commissions disclose the name and postal address of the RTI Appellants and Complainants in their orders. So when one makes a recommendation to the DoPT the practice of the ICs should also be borne in mind as any decision applicable to the PIO/FAA stage of the RTI process will have a bearing on the practice adopted by the Information Commissions also, eventually.


What is "personal information", deserving protection from disclosure?
Further, there is no clarity on what constitutes 'personal information' in the context of RTI. Names are the most personal of information in relation to any individual. Should names not be disclosed when RTI applications and responses, first appeals and FAA orders are uploaded on the websites? 

In countries like the United Kingdom, all names are deleted from the FOI requests and responses. Please see examples on the FOI logs accessible at: https://www.gov.uk/government/collections/freedom-of-information-disclosure-log. In the UK their data protection law prevents public authorities from making names of individuals on either side of the information accessing process public. 

In India there is no comprehensive data protection or privacy law. Last year the Hon'ble Attorney General of India succeeded in sowing doubts in the mind of the justices of the Hon'ble Supreme Court about whether the Constitution guaranteed the people a fundamental right to privacy. This issue has been referred to a Constitution Bench and awaits adjudication. 

To the best of my knowledge, the only statutory regime for personal data protection in India is afforded by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information), Rules 2011 notified under the Information Technology Act, 2000. Under these Rules "sensitive personal data" includes (Rule 3) : password, financial information such as bank account or credit/debit card details, physical, physiological and mental health condition, sexual orientation, medical records & history, biometric information etc. However information that is freely available in the public domain or accessible under the RTI Act will not be treated as "sensitive personal data or information". For example, names and addresses of citizens registered as voters are easily available on the website of the Chief Electoral Officers. These will not be treated as 'sensitive personal information' for the purpose of the IT Rules.

Under the 2011 IT Rules, every body that collects "sensitive personal data/information" of the kind mentioned above is required to put in place various measures for ensuring the security of such information. The scope and shortcomings of these Rules are examined in depth in the report submitted by the Justice A. P. Shah led Group of Experts on Privacy in 2012. 

Clearly, the definition of 'sensitive personal data/information' contained in the 2011 IT Rules will not apply to names and addresses of RTI applicants. So there is no law in force that can protect such personal information. It is in this legal vacuum that recommendations have to be made to the DoPT about protecting personal data.


Protecting RTI users from harm
By the latest count at least 51 murders reported across the country has been related to the use of RTI by the deceased. More than 240 other have been assaulted or severely mentally harassed into withdrawing their RTI applications. It is in this context that in November 2013, the Calcutta High Court had directed that public authorities should not insist on disclosure of postal addresses of RTI applicants - to ensure their security (see attachment). My critical analysis of the direction is accessible at this link. The DoPT's OM mentioned above refers to this case also. However, nothing in this order pertains to disclosure of RTI applications and first appeals and the responses of the public authorities to the same on their websites. Security of RTI users is paramount, no doubt. However, RTI users need to take a stand whether they would like to exercise their fundamental right to seek information in complete anonymity or would they like to pressure the system to ensure that their personal details are not misused to harass them or assault or get rid of them. 

Until the system works to protect every RTI user, perhaps the middle path would be to press for the deletion of all contact details except the names of the RTI applicant/appellant and those of the PIO/FAA from the documents.

I request readers to share their views on this subject with me.

Please circulate this email widely.

CHEERS!
Bangalore Raju Venkatesh Prasanna,
Bangalore City,
Karnataka State.

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Monday, April 18, 2016

Re: [IAC#RG] JUDICIARY NEEDS SOME URGENT CLEANSING

The day judiciary is made ACCOUNTABLE , RESPONSIBLE and TRANSPARENT , the total governing system will change . 

The most important step will be to make changes in the laws , whose provisions are being misused by the advocates.

Sent from my iPad

On 18-Apr-2016, at 12:39 PM, YAH00!!! <rakshpal.abrol@yahoo.co.in> wrote:

Dear Sir,
Entire system is highly corrupt. Orders passed under Article 226 and under Article 32 are not honoured by publically by bureaucracy.
 
 

Warm regards,
 
Rakshpal Abrol
Consumer Activist
9820203154
rakshpal.abrol@yahoo.co.in


From: Forum for Fast Justice <fastjustice@gmail.com>
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Cc: Shanti Bhushan <shantibhush@gmail.com>; Jagjit Ahuja <jagjit.ahuja@gmail.com>; airesrodrigues1@gmail.com; Rodrigues Aires <airesrodrigues@yahoo.com>
Sent: Tuesday, 12 April 2016 7:40 PM
Subject: Re: [IAC#RG] JUDICIARY NEEDS SOME URGENT CLEANSING

Dear friends,


How to galvanise the justice delivery system? It can't be done through writing mails or holding seminars and penning articles in media or holding debates. You have to sacrifice part of your time and come to the streets to show your resolve.


This is what we at Forum For Fast Justice are doing.


Last month we concluded our 35 days historic cross country Nyay Yatra which can be seen on www.nyayyatra.in and the press reports on Nyay Yatra on internet.


Please find attached our resolution passed at Delhi Convention on 6th March 2016 and also my article on judicial reforms being published in CSR Vision.


We will very much need your active support for realising the goal of fast and fair justice delivery system.


With regards.


(Bhagvanji Raiyani)
Chairman & Managing Trustee
Forum For Fast Justice
09820403912
E-mail: fastjustice@gmail.com
Web site: www.fastjustice.org



On Sat, Apr 2, 2016 at 3:06 PM, Shanti Bhushan <shantibhush@gmail.com> wrote:
I was recently told by a very respected lawyer practising in the subordinate courts of Delhi that not less than 80 percent judges are corrupt and less than 20 percent alone are honest.I am not aware whether  present CJI has any concrete plans to deal with this serious situation.Similar might be the situation all over India ,only percentages might be somewhat different in some States.Chief Justice Grimwood Mears of the Allahabad High Court  had taken some drastic steps in1930 to put an end to judicial corruption in the lower courts of UP. Maybe the present CJI also has some drastic remedy in mind to tackle this menace all over India.If he does something history will remember him for ages.

Sent from my iPad

On 19-Mar-2016, at 5:53 am, Aires Rodrigues <airesrodrigues1@gmail.com> wrote:

The recent assertion by the Chief Justice of India T.S. Thakur that the Judiciary is facing crisis of credibility is a very candid admission of the grim ground reality. The framers of the Indian Constitution had envisaged a free, fair and independent Judiciary. It was never visualized that Courts could end up as dens of chicanery and jugglery. It was incumbent to ensure judicial accountability at all times with the entire judiciary conforming to the highest standards of uprightness and integrity. If Judges cannot independently balance the scales of Justice, the temples of Justice become redundant.

The Judiciary should never be manned by persons who are slanted or aligned to any political party. Judges should have the spine to crack on illegalities done by any politician, regardless of the party he is affiliated to or the high position he holds.

In Goa we have some extremely good judges but there are some from the other end of the spectrum on whom less said the better. The current hotline enabling communication between Politicians and Judges through a dubious interface by way of the flamboyant Advocate General Atmaram Nadkarni compromises and ruptures the very sovereignty and sanctity of the Judiciary. It is high time for a concerted effort to cleanse the Aegean Stables of Indian Judiciary by flushing out undesirable judges who should never have landed where they are today.


Aires Rodrigues
Advocate High Court
C/G-2, Shopping Complex
Ribandar Retreat,
Ribandar – Goa – 403006

Mobile No: 9822684372

Office Tel  No: (0832) 2444012
                         Or
           airesrodrigues@yahoo.com

You can also reach me on

Facebook.com/ AiresRodrigues

Twitter@rodrigues_aires



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(Bhagvanji Raiyani)
Chairman and Managing Trustee,
Forum For Fast Justice.
09820403912




Posted by at No comments:

Re: [IAC#RG] JUDICIARY NEEDS SOME URGENT CLEANSING

Dear Friends;

There is nothing new in this news as it has already been described in management education known as Pareto Principle where 80:20 ratio is maintained in most of universal processes.

Even during Ram Rajya 80% people were good and in my recent conversation with one very well respected Chief Justice of India; I discovered as per his statement that Justice Delivery System has completely collapsed in India & we are heading towards Anarchism which is leading into multiple problems related to Health like Distress; Sugar & High BP causing huge National Productivity Loss on many fronts.

My Dear friends nevertheless there is scope for hope as we have many well intentioned people in the country who are acting as moral force to keep watch on the system because of which system is running in the lackadaisical manner but these moral forces need to come together leaving their ego & arrogance on a common platform again following Pareto Principle as 100% people will never come together so we should be able to manage with whatever is possible.

Let's meet up some time shortly to discuss this in details & take the larger agenda of Nature; Nation & Humanity forward......

Best Wishes

R.K.Atri

On Apr 12, 2016 11:02 AM, "Shanti Bhushan" <shantibhush@gmail.com> wrote:
Boxbe This message is eligible for Automatic Cleanup! (shantibhush@gmail.com) Add cleanup rule | More info

I was recently told by a very respected lawyer practising in the subordinate courts of Delhi that not less than 80 percent judges are corrupt and less than 20 percent alone are honest.I am not aware whether  present CJI has any concrete plans to deal with this serious situation.Similar might be the situation all over India ,only percentages might be somewhat different in some States.Chief Justice Grimwood Mears of the Allahabad High Court  had taken some drastic steps in1930 to put an end to judicial corruption in the lower courts of UP. Maybe the present CJI also has some drastic remedy in mind to tackle this menace all over India.If he does something history will remember him for ages.

Sent from my iPad

On 19-Mar-2016, at 5:53 am, Aires Rodrigues <airesrodrigues1@gmail.com> wrote:

The recent assertion by the Chief Justice of India T.S. Thakur that the Judiciary is facing crisis of credibility is a very candid admission of the grim ground reality. The framers of the Indian Constitution had envisaged a free, fair and independent Judiciary. It was never visualized that Courts could end up as dens of chicanery and jugglery. It was incumbent to ensure judicial accountability at all times with the entire judiciary conforming to the highest standards of uprightness and integrity. If Judges cannot independently balance the scales of Justice, the temples of Justice become redundant.


The Judiciary should never be manned by persons who are slanted or aligned to any political party. Judges should have the spine to crack on illegalities done by any politician, regardless of the party he is affiliated to or the high position he holds.


In Goa we have some extremely good judges but there are some from the other end of the spectrum on whom less said the better. The current hotline enabling communication between Politicians and Judges through a dubious interface by way of the flamboyant Advocate General Atmaram Nadkarni compromises and ruptures the very sovereignty and sanctity of the Judiciary. It is high time for a concerted effort to cleanse the Aegean Stables of Indian Judiciary by flushing out undesirable judges who should never have landed where they are today.



Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006


Mobile No: 9822684372


Office Tel  No: (0832) 2444012

Email: airesrodrigues1@gmail.com

                         Or

           airesrodrigues@yahoo.com


You can also reach me on


Facebook.com/ AiresRodrigues


Twitter@rodrigues_aires


www.airesrodrigues.com



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