Sunday 31 October, 2010

Caveat Emptor — All for rights

Caveat Emptor — All for rights

http://www.thehindu.com/life-and-style/society/article859454.ece

The right to information is one of the eight basic consumer rights,
and is the heart of consumer protection. It is particularly relevant
to complex financial products and services, as consumers need access
to information that enables them to comprehend what they are offered.
It is an interesting fact that every year, 150 million new consumers
take to financial services, most of them from countries where consumer
protection and financial literacy are still in their infancy.

Fair and accessible financial services to consumers are central to a
well-functioning economy. We are aware that ineffective regulation of
financial lending practices played a major role in creating and
worsening the recent financial crisis. Corrective action is required
to ensure this does not happen again.

The banking sector is still complex, rapidly changing, and carries
significant risks for consumers, and, there are no international
guidelines on how information should be delivered in a
consumer-friendly manner.

The Group of Twenty (G-20), of which India is a member, was
established in 1999 to bring together important, industrialised and
developing economies to discuss key issues in the global economy.
Since its inception, the G20 has held annual Finance Ministers and
Central Bank Governors' meetings and discussed measures to promote
financial stability, and achieve sustainable economic growth and
development.

During the summit in Pittsburgh in September 2009, the Leaders'
Statement declared, "Far more needs to be done to protect consumers,
depositors and investors against abusive market practices, promote
high quality standards and help to ensure the world does not face a
crisis of the scope we have seen. We are committed to take action at
the national and international level to raise standards together so
that our national authorities implement global standards consistently
in a way that ensures a level playing field".

At the summit in Toronto in June 2010, the key principle put forth was
to "encourage a comprehensive approach to consumer protection that
recognizes the roles of government, providers and consumers".

To take this commitment forward during the G20 Summit in November at
Seoul, South Korea, CAG, along with consumer groups from across the
world and the Consumers' International, has called for action on
financial consumer protection through the establishment of an Experts
Group on Consumer Financial Protection with representation from
financial consumer protection agencies, independent consumer
organisations and experts representing the interests of consumers.

The Experts Group so formed, is expected to recommend adoption by
various governments, of minimum standards relating to fair contract
terms and charges for financial products and services, information
design and disclosure on financial products, governance and functions
of national financial consumer protection bodies, promotion of
effective competition for financial consumer services and development
of a permanent organisation for international standard-setting and
co-ordination with regard to financial consumer protection.

Representations to the respective Heads of State and Finance Ministers
have been made in this regard, and it is hoped the dignitaries will
proceed with the establishment of the Experts Group.

(The writer works with CAG, which offers free advice on consumer
complaints to its members. For membership details/queries, contact
24914358/24460387 or helpdesk@cag.org.in)

Saturday 30 October, 2010

RTI activists meet in UP

http://www.merinews.com/article/rti-activists-meet-in-up/15834033.shtml

RTI activists meet in UP

RTI activists from across the state are meeting in Aligarh to discuss
the problems and solutions of RTI movement in Uttar Pradesh

CJ: urvashi sharma Sat, Oct 30, 2010 20:14:05 IST

IN UTTAR Pradesh, Right to Information (RTI) activists are struggling
head to nail to empower the masses and spread awareness about RTI.
However, sometimes they pay the price of their bravery with unforeseen
and unwarranted situations in their personal lives.
In order to add more muscle to their movement and to give a new
meaning to RTI movement in UP, activists from across the state are
meeting in Aligarh on 30th October 2010. To moot out ways to
strengthen RTI movement in Uttar Pradesh is their core objective.
The meet shall discuss various issues including complaints from
activists across the state about concerned authorities who are
denouncing the RTI Act and blocking information purposely. The
harassment of the activists at various levels and how to keep a check
on it, ways to devise a practical mechanism of coordinating the RTI
activities in the state to ensure optimum benefit of the Act to the
society and basically bring about some accountability in society by
addressing the above issues is the aim.
"We shall discuss the existing non-transparent
selection procedure of the State Information Commissioners and shall
later raise our demands to the Government that the process be changed
to have more accountability and public participation in the process,"
said activists Usha, Prabhuta and Saleem Baig from Lucknow .
The meet shall conclude on 31 October 2010.

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Activists join hands to form state Right to Information Council

http://www.hindustantimes.com/tabloid-news/mumbai/Activists-join-hands-to-form-state-Right-to-Information-Council/Article1-619715.aspx

Activists join hands to form state Right to Information Council

HT Correspondent,Hindustan Times
Email Author
Mumbai, October 30, 2010

Right to information activists in the state are fighting hard to
invest people with more power, but sometimes they pay the price of
their daredevilry with their lives. In order to add more muscle to
their movement, activists from across the state have come together to
form the Maharashtra Right to Information Council. The move aims to
put an end to the complaints from activists about authorities
subverting the Right to Information (RTI) Act, 2005, as well as reduce
the spate of attacks on activists.

RTI activist Bhaskar Prabhu, convener of the council, said: "The main
aim of the council is to keep a check on the proper implementation of
the act, especially by public authorities."

This comes close on the heels of a protest conducted by city activists
against the appointment of the state chief information commissioner
and other information commissioners. Alleging a non-transparent
selection procedure, activists had demanded that the process be
changed to have more accountability and public participation in the
process.

Another issue on the council's agenda is the increasing number of
attacks on RTI activists.

The Hindustan Times had reported that Maharashtra had the highest
number of attacks on activists. "The council will try devising a
mechanism of offering protection and safeguarding activists," said
Prabhu. "We will also have a coordinator and committees in every
district to ensure that such objectives are met." The council has
appointed 13 co-coordinators in Mumbai and a few in Pune, Nashik, and
Satara

Prabhu said the council would also focus on conducting social audits
of welfare schemes, especially those meant for families below poverty
line. This would include the public distribution system and the
National Rural Employment Guarantee Act.


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Friday 29 October, 2010

Women & RTI power bring a remarkable change in a village of Uttar Pradesh

http://www.thehindubusinessline.com/life/2010/10/29/stories/2010102950110400.htm

Ready for the fight - Rasoolpur's women take charge of village
development, ably tackling corruption along the way..

Anjali Singh


Education, they say, is a tool for freedom of thought and action. If
you want proof of this, come to Rasoolpur, a small village nestled in
Uttar Pradesh's Baraich district, and visit its Poorva Madhyamik
Vidyalaya. Eight years ago, this school was the site of a powerful
anti-corruption campaign. But what is particularly surprising is that
the campaign was anchored by local women. The campaign continues.
Ramawati, 35, heads Ma Gawat, a self-help group (SHG) with 12 women
members and plays a dual role as ASHA Bahu or the local maternity
health worker. "We have five SHGs running in Rasoolpur and they are
all managed by women," she says.

It all began when the new school building constructed in 2003 for
local children started leaking just a few days after construction. It
finally collapsed during the monsoons that year — fortunately, there
were no children in the classrooms when the roof fell or it would have
been a huge tragedy. "That's when we women decided to take matters in
our own hands and seek justice for the village. The headmaster and the
village pradhan refused to listen to the men and threatened them. But
they could not stand against us," she laughs.

Another local woman leader, Rajkumari, who formed the Mari Mata Swayam
Shayata Samuh (an SHG named after the local goddess, Mari Mata, with
10 members), says, "It's our right to get access to education for our
children and we are ready to face any obstacle that comes in our way.
When we investigated the collapse of the roof, we found that the
material used for it was adulterated. The iron girders were not thick
enough. Clearly, the money sent by the district administration to
build the school was embezzled."

When the local women confronted the person responsible, he threatened
them too, but they were not intimidated and decided to start a
campaign to expose him and get the school building reconstructed.
This was the beginning of a focused campaign to highlight the issue in
the media and take the matter up to the State government authorities
in Lucknow. It caused quite a stir. Predictably, an inquiry was
ordered by the technical division of the Basic Education Department of
the State. The District Magistrate came down for inspection, took
stock of the situation, and finally okayed the reconstruction of the
building. There was disciplinary action against the headmaster, who
was transferred.

The move was celebrated throughout the village. Sushila Devi, a mother
of five and member of a local SHG, says, "We used to guard the school
building day and night, throwing chappals and jhadus (brooms) to keep
the headmaster's goons from tampering with evidence, which had to be
kept intact until the officials had completed their inspections."

Finally, the verdict came in favour of the women and the building was
reconstructed. Sushila says, "Now our children come here to study
while we women hold our group meetings here. Today, all my daughters
go to school. Had we not fought for our rights, our children may have
never got an education."

That episode was, however, not the end of this saga. Rasoolpur's women
SHGs decided to take up other issues like child marriage and infant
mortality, using the school as their platform. Today, almost eight
years later, the campaign against corruption continues to be a part of
their agenda. Says Ramawati, "Getting the school reconstructed was a
victory no doubt, but our village had many other problems too. For
instance, women here did not go for institutional childbirth. To add
to that, there were no income generation schemes for women who were
facing financial difficulties. So when we sat down for a meeting with
a Samuh member, named Suresh Mishra, he suggested that we begin by
first investing in saving schemes for the local women." Mishra, a
social worker, has formed a group to facilitate meetings of local
women on a regular basis in the village.

Initially, the women hesitated to participate as they had little money
to spare. That was when Ramawati came forward and volunteered to make
an initial contribution of Rs 20. A few months later, many more women
were able to save Rs 20. A group fund was set up from these savings
and the money was used to buy provisions and run a grocery shop (there
is one shop in the village which was set up by an SHG member with a
loan from the joint fund the women were running). Rations were bought
at cheaper rates than those offered by the government-run ration
depots managed by the village pradhan.

Jitendra Chaturvedi of DEHAT, an organisation which is active in the
area, vouches for the effectiveness of campaigns launched by
Rasoolpur's feisty women. "Earlier I had seen 12 or 14-year-old girls
getting married. Today, the marriageable age has risen to at least 18.
In fact, even after their marriage, the bride is not generally sent to
her husband's home for another three to four years. It is only when
her education is complete and she is ready to take on the
responsibilities of family life, is her gauna (consummation of
marriage) organised," he says.

Chaturvedi points to another positive outcome: After eight years of
awareness campaigns, more women are now seeking institutional
deliveries, something that was unheard of a few years ago.

But this is still not the end of the story. Through their SHG
activities, the women have managed to free their once-mortgaged land,
improve the literacy rate in the village by joining adult education
programmes — like the government-run Tara Akshar — and are now seeking
leadership training.

The latest anti-corruption drive exposes a huge scam in the Public
Distribution System (PDS). According to the 50-year-old Rajkumari, the
PDS run under the supervision of the pradhan has been mismanaged,
leading to a scam amounting to Rs 22 lakh.

"Through the Right to Information (RTI) Act, we have forced the
pradhan to return the ration cards made in our names, which he had
retained. On inspecting them we realised that rations were supplied
illegally through the PDS store using our cards," she says.

The women also unearthed a racket where job cards in the names of
non-existent people were being issued, resulting in Rs 10,000 being
withdrawn every month from the funds earmarked for the rural
employment guarantee scheme.

Rajkumari regards such corruption as a challenge. She says, "We will
not give up until we stop it. Jai Adhikar! (Victory to our rights)"

© Women's Feature Service

-
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Thursday 28 October, 2010

RTI Logo & Portal Launched

http://pib.nic.in/release/release.asp?relid=66648

20:33 IST

The Minister of State for Personnel, Public Grievances and
Pensions Shri Prithviraj Chavan launched the Logo on RTI and the RTI
portal today in the presence of Shri. A N. Tiwari, Chief Information
Commission and Shri. Shantanu Consul, Secretary, DoPT.


It is a simple and iconic logo depicting a sheet of paper with
information on it, and the public authority – providing the
information. This represents people's empowerment through transfer and
accountability in Governance. The logo's shape and structure make it
easy to remember, recall and replicate with minimal distortion.


In the last five years the RTI regime has heralded a regime of
transparency and accountability and strengthened the democratic
structure of the country. Success stories of citizens using the RTI
Act abound. The Act has achieved great success in empowering the
citizens of India. However it was felt that the core values of the RTI
regime – Empowerment, Transparency and Accountability- need to be
given a shape in the form of a logo. The logo would be displayed at
all public authorities and will be used in various communications
related to RTI.


The Right to Information Portal – A Gateway on RTI – was also formally
launched on this occasion. The portal is one stop knowledge bank for
information seekers, information providers, trainers, Information
Commissions, students and academicians. It provides for a digital
library, discussion fora, e- newsletter and a blog. Latest judgments
of the High Courts and Information Commissions; reports, articles,
guides, manuals, handbooks for various stakeholders; online
certificate course are also available on this portal. There is
facility for stakeholders to interact through dedicated and open
discussion forum and register as resource persons. The web URL for the
Portal is www.rtigateway.org.in.

Click here to see Logo


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

High Court Allahabad rejects Challenge to the Vigilance Notification , discharges the rule framed by Uttar Pradesh Government

High Court Allahabad rejects Challenge to the Vigilance Notification ,
discharges the rule framed by Uttar Pradesh Government


High Court Allahabad , on 25-10-10 , decided PUBLIC INTEREST
LITIGATION (PIL) No. - 63607 of 2010 , Saleem Baig Vs. State Of U.P.
And Another in the light of The U.P. Vigilance Establishment Act, 1965
and The Right to information act 2005 . The case was heard by the
bench of Chief Justice F.I. Rebello and Justice A.P. Sahi .


Considering the issue of law involved in the PIL the High Court
Allahabad decided that it was not necessary to call upon the State
to file its counter.


The writ petition challenged the notification dated September 22,
2010, whereby the Uttar Pradesh Vigilance Establishment constituted
under the Uttar Pradesh Vigilance Establishment Act, 1965 was kept
out of the purview of the provisions
of the Right to Information Act, 2005 . The relief sought was to quash
the said notification.


" A bare reading of Section 24 (4) of the Act, 2005 would show that it
is open to the State Government to notify the vigilance and security
organizations to fall outside the purview of the provisions of the
Act, 2005. The first proviso of sub-section (4) of Section 24
clarifies that even if such notification is issued, the allegations of
corruption and human rights violations will not be excluded. The
second proviso thereof, further clarifies that these information will
only be provided after the approval of the State Information
Commission insofar as corruption and human rights violations are
concerned. The U.P. Vigilance Establishment has been constituted under
the U.P. Vigilance Establishment Act, 1965. As the Act, 1965 itself
shows, it is a special police force established for the investigation
of offences notified under Section 3 of the said Act. The offences to
be investigated under Section 3 are such as has been notified by the
State Government. The preamble to the impugned notification itself
shows that the object of the notification is that the U.P. Vigilance
Establishment has been formed and is functioning to collect
intelligence, investigate criminal offences and file charge sheet
against the accused in the appropriate court, requiring top secrecy
and precautions. Once that be the case, it cannot be said that the
notification is ultra vires to the provisions of Section 24 (4) of the
Act, 2005. Challenge, therefore, to the impugned notification, as set
out in the writ petition, will have to be rejected," observed the
court.

While dismissing the writ petition, the court however, made it clear
that as contemplated by the first proviso to sub-section (4) of
Section 24 of the Act, 2005, all the information pertaining to
corruption should not be excluded from the provisions of the Act, 2005
and similarly, the information pertaining to the human rights
violations also should not be excluded, but that would be subject to
the second proviso of sub-section (4) of Section 24 of the Act, 2005.


" Though I am disappointed on dismissal of PIL , I feel that with
RTI act 2005 along with this High Court order in their hands, the RTI
Applicants can now fight for the information on corruption related
issues in a more forceful way than earlier , when usually they were
denied information in such matters even by the Uttar Pradesh State
Information Commission while such cases came up for hearing before it
. I am of the strong view that At least now information-commissioners
shall have the fear of Contempt of Court if they fail to comply
proviso 1 & 2 of Section 24 ( 4 ) while deciding such cases ."


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

RTI Act 2005 & Corruption Perception index

The Preamble of the RTI Act 2005 states "And whereas democracy
requires an informed citizenry and transparency of information which
are vital to its functioning and also to contain corruption and to
hold Governments and their instrumentalities accountable to the
governed; "


Here emphasis has been laid on the words " to contain corruption " .
As per Transparency International's annual survey India has slipped
from 84th position to 87th. It means India has become more corrupt
than year before despite there being an important tool called " RTI
act 2005 " to contain corruption .

The Scale which ranges from zero (perceived to be highly corrupt) to
10 (thought to have little corruption). India scored 3.3 in the
corruption perception index, which ranks countries on a scale from 10
(highly clean) to 0 (highly corrupt).


Corruption's ultimate consequences has to be borne by the poor ,
vulnerable and deprived section of the society . This section
constitutes a major chunk of India's Population.


So this is the time the Governments and civil societies in India
should introspect as to for what purpose the RTI act was enacted and
if it is serving that intended purpose . If no , then what are the
factors responsible for this contradictory situation of rising
corruption despite there being a strong tool called " Right to
Information Act 2005 " .

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

After "RTI act 2005" , an Act for "Privacy , Data Protection & Security" in the offing

Exclusive! Govt mulls law to defend citizen's privacy

http://news.rediff.com/report/2010/oct/27/exclusive-now-a-law-to-defend-citizens-privacy.htm

The government has woken up belatedly to provide legal protection to
its citizens' privacy, circulating an approach paper on need to
guarantee it without compromising the country's balance of interests
and concern.

Most Western countries have strict privacy laws that India lacked so
far because the public dissemination of personal information has over
time become a way of demonstrating 'the transparent functioning of the
government.'

How soon the law will be enacted for the purpose is, however, not
certain as it is all still at the conceptual level. The draft approach
paper was circulated on Monday and a short time of one week is given
for the public views by October 25; that itself may trigger an outcry
to allow more time.

The approach paper says the privacy for the purpose should be defined
as the expectation that confidential personal information disclosed by
any individual to government or non-government entity should not be
disclosed to third parties without his consent and sufficient
safeguards be adopted in processing and storing such information.

"In essence, disclosure of data which can be used to identify a
physical person without following the due process could be construed
as breach of privacy," says the document while pointing out that the
country does not have any protection statute.

Though the judiciary has derived "right to privacy" from the rights
available under Article 19(1)(a) that defines fundamental right to
freedom of speech and expression and Article 21 that gives the right
to life and personal liberty, all cases were decided in the context of
government action resulting in denial of right of privacy to private
citizens.

No privacy judgment has so far granted citizens a right of action
against the breach of privacy by another citizen and as such the
personal privacy jurisprudence in the country is not yet fully
developed, says the approach paper.

It says the legislation to ensure privacy should really be in the form
of framework rather than detailed prescriptions, making it applicable
equally to private as well as public entities to protect citizens and
individuals against the misuse of their personal data by anybody.

Such a law will ensure protection to all forms of personal data,
imposing a greater responsibility on those processing and collecting
the information "whose disclosure can result in significant financial,
reputational or other associated loss to the person concerned."

The legislation is recommended to be limited to personal information
relating to real persons on the ground that there are other
legislations that deal with information in the context of legal
persons such as corporations.

Besides, there is a greater risk of personal injury in the context of
real persons as opposed to legal persons.

The document recommends creation of an appropriate list of items that
would constitute sensitive information and goes on to list out what
they can be. These are:

racial or ethnic origin or castes;
political affiliations or opinions;
religious affiliations and beliefs or other beliefs of a similar nature;
membership of a trade union;
physical or mental health or condition;
sexual life;
criminal record;
genetic information about an individual that is not otherwise health
information;
information or an opinion about an individual;
financial or proprietary confidential corporate data;
data on a person's personality;
private family relations;
biometric data;
social welfare needs of a person or the benefits, support or other
social welfare assistance received by the person; and
data collected on a person during the process of taxation (except data
concerning tax arrears).
The approach paper also takes note of the biometric data collected by
the government under its Unique Identity project called 'Aadhar' which
can be misused causing immense harm to the individuals as it says it
should be also defined as personal sensitive data.

It also stressed that the personal data be collected only after
written consent and the individuals should have the right to correct
any wrong data about them and the data controller must be made
responsible for faults of the data processor to fulfil the data
protection obligations.

Also the data should be stored only till the time the purpose for
which it is collected is achieved.

The document discusses the possible conflict of the privacy law with
various other laws like the Right to Information Act and says the act
itself directly or indirectly lays down that private information
relating to an individual is to be prevented from authorised
disclosure.

It also stressed that the legislation must provide for exceptions like
in the interests of national security as on many occasions the
government may need to gain access.

What about the credit verification done by banks and financial
institutions to access personal information about the prospective
borrowers? The document says there will be no bar on collection of
data but provide a regulation regime on how it is processed for only
verifying the credit worthiness of a person.

As regards the possibility of the proposed law infringing upon freedom
to trade of the detective agencies, the approach paper refers to the
European laws dealing with the use of surveillance for security and
private investigation purposes and suggests that the private detective
agencies must be regulated as they can potentially wreak considerable
havoc on the personal information of a citizen if allowed to operate
without regulations.

A Correspondent in New Delhi
--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Wednesday 27 October, 2010

Challenge to the Vigilance Notification rejected , rule discharged by High Court Allahabad

eLegalix - Allahabad High Court Judgment Information System
(Judgment/Order in Text Format)
-------------------------------------------------------------------------------------------------------------------------

This is an UNCERTIFIED copy for information/reference. For authentic
copy please refer to certified copy only. In case of any mistake,
please bring it to the notice of Deputy Registrar(Copying).


HIGH COURT OF JUDICATURE AT ALLAHABAD

?Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 63607 of 2010
Petitioner :- Saleem Baig
Respondent :- State Of U.P. And Another
Petitioner Counsel :- D.K. Tiwari
Respondent Counsel :- C.S.C.

Hon'ble Ferdino Inacio Rebello,Chief Justice
Hon'ble Amreshwar Pratap Sahi,J.
Rule. Heard forthwith.
Considering the issue of law involved in the present writ petition, it
is not necessary to call upon the State to file its counter.
The writ petitioner has come to this Court challenging the
notification dated September 22, 2010, whereby the Uttar Pradesh
Vigilance Establishment constituted under the Uttar Pradesh Vigilance
Establishment Act, 1965 is kept out of the purview of the provisions
of the Right to Information Act, 2005 (hereinafter referred to as 'the
Act, 2005'). The writ petitioner, by means of the present writ
petition, in his relief clause has sought to quash this notification
by a writ of certiorari with further consequential reliefs.
It is the case of the writ petitioner that the impugned notification
issued by the State Government is against the constitutional
provisions as well as the intention of the legislature while enacting
the Right to Information Act, 2005. Section 24 of the Right to
Information Act,2005 is relevant for deciding the present controversy,
which reads as follows:-
"24. Act not to apply to certain organizations.--(1) Nothing contained
in this Act shall apply to the intelligence and security organizations
specified in the Second Schedule, being organizations established by
the Central Government or any information furnished by such
organizations to that Government:
Provided that the information pertaining to the allegations of
corruption and human rights violations shall not be excluded under
this sub-section:
Provided further that in the case of information sought for is in
respect of allegations of violation of human rights, the information
shall only be provided after the approval of the Central Information
Commission, and notwithstanding anything contained in Section 7, such
information shall be provided within forty-five days from the date of
the receipt of request.
(2) The Central Government may, by notification in the Official
Gazette, amend the Schedule by including therein any other
intelligence or security organization established by that Government
or omitting therefrom any organization already specified therein and
on the publication of such notification, such organization shall be
deemed to be included in or, as the case may be, omitted from the
Schedule.
(3) Every notification issued under sub-section (2) shall be laid
before each House of Parliament.
(4) Nothing contained in this Act shall apply to such intelligence and
security organizations, being organizations established by the State
Government, as that Government may, from time to time, by notification
in the Official Gazette, specify:
Provided that the information pertaining to the allegations of
corruption and human rights violations shall not be excluded under
this sub-section:
Provided further that in the case of information sought for is in
respect of allegations of violation of human rights, the information
shall only be provided after the approval of the State Information
Commission and, notwithstanding anything contained in Section 7, such
information shall be provided within forty-five days from the date of
the receipt of request.
(5) Every notification issued under sub-section (4) shall be laid
before the State Legislature."
A bare reading of Section 24 (4) of the Act, 2005 would show that it
is open to the State Government to notify the vigilance and security
organizations to fall outside the purview of the provisions of the
Act, 2005. The first proviso of sub-section (4) of Section 24
clarifies that even if such notification is issued, the allegations of
corruption and human rights violations will not be excluded. The
second proviso thereof, further clarifies that these informations will
only be provided after the approval of the State Information
Commission insofar as corruption and human rights violations are
concerned.
The U.P. Vigilance Establishment has been constituted under the U.P.
Vigilance Establishment Act, 1965. As the Act, 1965 itself shows, it
is a special police force established for the investigation of
offences notified under Section 3 of the said Act. The offences to be
investigated under Section 3 are such as has been notified by the
State Government.
The preamble to the impugned notification itself shows that the object
of the notification is that the U.P. Vigilance Establishment has been
formed and is functioning to collect intelligence, investigate
criminal offences and file chargesheet against the accused in the
appropriate court, requiring top secrecy and precautions. Once that be
the case, it cannot be said that the notification is ultra vires to
the provisions of Section 24 (4) of the Act, 2005. Challenge,
therefore, to the impugned notification, as set out in the writ
petition, will have to be rejected.
While dismissing the writ petition, we however, make it clear that as
contemplated by the first proviso to sub-section (4) of Section 24 of
the Act, 2005, all the information pertaining to corruption cannot be
excluded from the provisions of the Act, 2005 and similarly, the
information pertaining to the human rights violations also cannot be
excluded, but that would be subject to the second proviso of
sub-section (4) of Section 24 of the Act, 2005.
Similar issue had also come up for consideration before the Madras
High Court in Superintendent of Police, Central Range, Office of the
Directorate of Vigilance and Anti-Corruption, Chennai Vs. R.
Karthikeyan and another, (Writ Petition Nos.23507 and 23508 of 2009),
decided on 12.01.2010.
Accordingly, rule discharged. However, there will be no order as to costs.
Order Date :- 25.10.2010
RKK/-
(F.I. Rebello, CJ)

(A.P. Sahi, J)

--------------------------------------------------------------------------------
Visit http://elegalix.allahabadhighcourt.in/elegalix/StartWebSearch.do
for more Judgments/Orders delivered at Allahabad High Court and Its
Bench at Lucknow. Disclaimer

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Monday 25 October, 2010

Fwd: CNN HERO NARAYANAN KRISHNAN, PLEASE VOTE [Must do]

FYI&NA

regards

urvashi

---------- Forwarded message ----------
From: Sudhir-Architect
Date: Mon, 25 Oct 2010 05:24:19 -0700 (PDT)
Subject:- CNN HERO NARAYANAN KRISHNAN, PLEASE VOTE [Must do]

New Delhi: If you had not heard of Narayanan Krishnan, as I had not, it is a
collective failure. This is one of the most incredible stories of personal
commitment.

Narayanan Krishnan, all of 29 years old now, does what he was professionally
trained to do as a chef. Feed people. Only Krishnan does not do this in the
swanky confines of a 5-star hotel. Every day, he wakes up at 4 am, cooks a
simple hot meal and then, along with his team, loads it in a van and travels
about 200 km feeding the homeless in Madurai , Tamil Nadu.

Krishnan feeds, often with his hands, almost 400 destitute people
every day. And
for those who need it, he provides a free haircut too.

According to CNN, eight years ago, this award-winning chef with a five-star
hotel chain was all set to go to Switzerland for a high-profile posting. On a
visit to a Madurai temple, he came across a homeless, old man eating his own
human waste. That stark sight changed Krishnan's life.

Much to the dismay of his parents, CNN says, Krishnan abandoned his career
plans and decided to spend his life and his professional training in looking
after those who could not care for themselves. He has provided more than 1.2
million hot meals through his nonprofit organisation Akshaya Trust, and now
hopes to extend this to shelter for the homeless too.

Krishnan is the only Indian in a list of 10 heroes that CNN has picked
worldwide to honour. One of them will be chosen CNN Hero of the Year, selected
by the public through an online poll. If many Indians get together to vote
for this inspiring man, he can win by a long mile.

If Krishnan wins he will get $100,000 in addition to the $25,000 that he gets
for being shortlisted for the Top 10. Akshaya Trust needs all the monetary
support it can get to build on Krishnan's dream. Let's help him get there.

Vote for Krishnan here. (http://heroes.cnn.com/vote.aspx)The poll continues
through November 18 at 6 a.m. ET.

http://edition.cnn.com/2010/LIVING/04/01/cnnheroes.krishnan.hunger/

Read the Full Story of Narayanan Krishnan at:
http://www.thedivineshoppe.com/index.php?option=com_content&view=article&id=156&Itemid=60

Thanks & Regards,


Sudhir Srinivasan
B.Arch, Dip.ID, Dip.CAD, Dip.PM, AIIA, IIID, ARIAI
|Architect|


--
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Mobile Rti Helpline
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Sunday 24 October, 2010

Government Sponsored Conspiracy to nip “ the RTI movement ” in the bud …

Government Sponsored Conspiracy to nip " the RTI movement " in the bud …

If it happens once , it's a co-incidence . If it repeats , its
deliberate. In recent past , Lucknow has witnessed two seminars in two
law faculties of different colleges on ( almost ) the same " Anti RTI
" topic .

On 18th of September 2010 a Seminar on "use and misuse of RTI" was
held in the Law Department, Lucknow University jointly by Lucknow
University and National RTI forum .

On 22nd & 23rd of October 2010 a Seminar on "RTI Act 2005 , its use ,
overuse and misuse in India" was held in the Law Department, Shia P.G.
College sponsored by University Grants Commission.

At a time when the RTI act has a limited reach to 5% of Indian
Population & almost negligible compliance of
- Section 4 ( 1 ) ( b ) , 4 ( 1 ) ( c ) , 4 ( 2 ) by the Public Authorities ,
- Section 25 & 26 by the Appropriate Governments
- Section 18 , 19 & 20 by The information Commissioners ;
Holding seminars on such topics is nothing but being a part of
conspiracy of the government to marginalize the RTI act 2005 even
before it should take a start. At a time , when the need is to spread
awareness about the RTI , these seminars talk of "overuse" & " misuse
" of the act.

RTI act is the act of the masses where spirit rules , but some
intellects ( of course with vested interests ) want to drown it in the
sea of legal jargons and misleading contexts.

Though there may be positive discussions in such seminars but that
goes into the backdrop and since topic is " anti RTI " , so anti RTI
issues surface out and march forward with news headlines in next day's
newspapers . This is detrimental to RTI movement i.e. to the masses
and should be avoided.

When majority has not yet used RTI act , how come anyone can say that
it is being overused and misused . RTI act is the sunshine act to help
ensure establishment of " Participatory Democracy " and to bring real
"SWARAJ " in INDIA" .

If any of the group members have compiled illustrations of overuse and
misuse of RTI act by RTI users , please share it to enhance my
knowledge. If not , then please as a responsible citizen , decide
topics of RTI-Seminars very judiciously as they have grave
ramifications on our society .

Regards

Urvashi Sharma
Social Worker & RTI Activist
--
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RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Saturday 23 October, 2010

Need your help

Hi rtiact2005india4u.aishwaryaj,

Can you believe this? The new Coal India Ltd (CIL) IPO advertisement shows coal as the protector of our green forests. In reality we know that coal only pollutes our air and destructs our forests.

The CIL̢۪ s lie shows how much we depend on our fast depleting coal reserves. There is not enough coal to meet our development aspirations.

Renewable energy is the way forward. We need to move away from dirty coal and support renewable options which are clean and green.

With all the clean options available, we do not need to depend on coal. Trying to say that coal is green is a lie and we all know that. Now that we know the truth behind coal we should support and invest in renewable energy.

I have already pledged my support to renewable energy.

Can you also take the pledge and support the same?

The pledge says: I support clean and green renewable energy.

http://www.greenpeace.in/the-truth-about-coal.html

Thanks!

rtimahilamanchup@gmail.com

You are receiving this email because someone you know sent it to you from the Greenpeace site. Greenpeace retains no information about individuals contacted through its site, and will not send you further messages without your consent -- although your friends could, of course, send you another message.

Friday 22 October, 2010

Save RTI campaign in Uttar Pradesh - RTI activist SALEEM BAIG files PIL

Case Status - Allahabad

Pending
Writ - Public Interest Litigation : 63607 of 2010 [Moradabad]
Petitioner: SALEEM BAIG
Respondent: STATE OF U.P. AND ANOTHER
Counsel (Pet.): D.K. TIWARI
Counsel (Res.): C.S.C.
Category: Public Interest Litigation Public Interest Litigation-Miscellaneous
Date of Filing: 21/10/2010
Last Listed on:
Next Listing Date (Likely): 25/10/2010

This is not an authentic/certified copy of the information regarding
status of a case. Authentic/certified information may be obtained
under Chapter VIII Rule 30 of Allahabad High Court Rules. Mistake, if
any, may be brought to the notice of OSD (Computer).


--
Urvashi Sharma

RTI Helpmail( Web Based )
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Mobile Rti Helpline
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Monday 18 October, 2010

MPs' criminal records lost in inter-departmental volleyRTI travels from Lok Sabha secretariat to MHA to CBI

http://governancenow.com/gov-next/rti/mps-criminal-records-lost-inter-departmental-volley

MPs' criminal records lost in inter-departmental volleyRTI travels
from Lok Sabha secretariat to MHA to CBI

GN Bureau | October 15 2010

An RTI query on the criminal antecedents of members of parliament (Lok
Sabha) has been doing the rounds of various government departments.

On a September 9, Lucknow resident Urvashi Sharma filed an RTI
application with the Lok Sabha secretariat. The applicant demanded the
list of Lok Sabha members against whom criminal cases were pending
during their parliament tenure ; details of such criminal cases and
the final outcome of the cases.


The Lok Sabha secretariat forwarded the application to the ministry of
home affairs (MHA) which further forwarded it to two departments- CBI
and the legal cell of MHA.


"It is simply shocking that both the Lok Sabha secretariat and the MHA
has no information on criminal antecedents of MPs. How do we expect a
clean parliament in India?" says Sharma.

http://governancenow.com/gov-next/rti/mps-criminal-records-lost-inter-departmental-volley
--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Sunday 17 October, 2010

Accelerating “Right to Information” in India -By Pravin Shah, Senior Consultant, Tata Consultancy Services

Shall Ram ( RTI ) really kill Ravan ( Corruption ) ?

anyway , enjoy the whitepaper.

happy vijayadashmi.

regards


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Bring vigilance department back into RTI ambit: UP RTI activists

http://www.merinews.com/article/bring-vigilance-department-back-into-rti-ambit-up-rti-activists/15832970.shtml

Bring vigilance department back into RTI ambit: UP RTI activists

The memorandum states that the issuance of the said notification by
the state government of Uttar Pradesh while invoking the provisions of
section 24 ( 4 ) of the RTI act is illegal & unconstitutional.

CJ: urvashi sharma Sat, Oct 16, 2010 16:42:18 IST

UTTAR PRADESH RTI activists have come together and have raised the
demand of scrapping the Notification no. 2339/39-4-2010-21/05, dated
22 September 2010 issued by Satarkta Anubhag – 4 of Uttar Pradesh
Government. A five member delegation is going to meet the Governor,
Chief Minister and Chief Information Commissioner of Uttar Pradesh in
person for detailed discussions on the matter.

The memorandum states that the issuance of the said notification by
the state government of Uttar Pradesh while invoking the provisions of
section 24 ( 4 ) of the RTI act is illegal & unconstitutional. The
Memorandum further says that the reasons as stated by the Government
for the need of the said notification are too childish to rely on by
the masses and raise doubts about the intentions of the Government
vis-à-vis establishing the fair RTI regime in the state.

The provisions of the notification already existed in Section 8 ( 1 )
( h ) of The RTI Act 2005 , which empowers any CPIO / PIO to deny any
citizen the information which would impede the process of any
investigation or apprehension or prosecution of any of the offenders.
As the very same provisions already existed, there was no need to make
duplicity of provisions as it strengthens the belief of malafide
intent of the Government about fair implementation of the Act in State
in the minds of the masses, says the memorandum.

The memorandum emphasises that Section 24(4) can apply to
"intelligence and security organization "only and that Vigilance
department primarily deals with issues of corruptions & does not
completely qualify for consideration under section 24(4) and thus the
state Government's move is ab initio void and needs to be scrapped.

One interesting plea given in memorandum states that since
Notification for 3-tier UP Panchayat elections was issued on 16th
September 2010 and With issuance of this notification, the modal Code
of Conduct was enforced in the state with immediate effect so Under
such circumstances issuance of Notification no. 2339/39-4-2010-21/05
on 22 September 2010 by Uttar Pradesh government goes against model
code of conduct and is untenable in the eye of law so this
notification needs to be scrapped .

The memorandum lays emphasis on the paramount ideal of the RTI Act
which is the transparency of operations of public authority and states
that there is difference in the terminology relating to intelligence
and security organizations. As the vigilance primarily deals with
corruption and is marginally involved in intelligence and security
activities . So even without this notification, the PIO is at liberty
to deny the portion of information relating to intelligence and
security and can be severed in terms of Section 10 of the RTI Act and
the information regarding corruption alone can be made available.
Hence there is no need for this notification, says the memorandum.


The memorandum lays emphasis on the fact that the said Notification
adversely affects the fundamental rights envisaged under Article
19(1)(a) of the Constitution of India for freedom of speech and
expression and sets a very bad precedence for the future of RTI regime
in the state.

The demands raised by this memorandum include scrapping the
notification no. 2339/39-4-2010-21/05, dated 22 September 2010 and to
provide time to meet a five member delegation of RTI activists in the
larger interest of the society and the state.
Print | Post comment

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Saturday 16 October, 2010

Naval kant sinha CNEB Lucknow on Kohinoor diamond.wmv

Right to Information

http://governancenow.com/gov-next/rti/mps-criminal-records-lost-inter-departmental-volley

MPs' criminal records lost in inter-departmental volley
RTI travels from Lok Sabha secretariat to MHA to CBI
GN Bureau | October 15 2010

An RTI query on the criminal antecedents of members of parliament (Lok
Sabha) has been doing the rounds of various government departments.

On a September 9, Lucknow resident Urvashi Sharma filed an RTI
application with the Lok Sabha secretariat. The applicant demanded the
list of Lok Sabha members against whom criminal cases were pending
during their parliament tenure ; details of such criminal cases and
the final outcome of the cases.


The Lok Sabha secretariat forwarded the application to the ministry of
home affairs (MHA) which further forwarded it to two departments- CBI
and the legal cell of MHA.


"It is simply shocking that both the Lok Sabha secretariat and the MHA
has no information on criminal antecedents of MPs. How do we expect a
clean parliament in India?" says Sharma.


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

jansandesh story by yogesh singh lucknow.

Right to information Act 2005 - a success story news-video

http://www.youtube.com/watch?v=xy69GVFW_fA&playnext=1&videos=6SulWNiBVao&feature=mfu_in_order


<object width="480" height="385"><param name="movie"
value="http://www.youtube.com/v/xy69GVFW_fA?fs=1&amp;hl=en_US"></param><param
name="allowFullScreen" value="true"></param><param
name="allowscriptaccess" value="always"></param><embed
src="http://www.youtube.com/v/xy69GVFW_fA?fs=1&amp;hl=en_US"
type="application/x-shockwave-flash" allowscriptaccess="always"
allowfullscreen="true" width="480" height="385"></embed></object>
--
Urvashi Sharma

RTI Helpmail( Web Based )
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Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Friday 15 October, 2010

RTI in Uttar Pradesh - "There are many Organisations who likes to pay fine instead of giving information"

watch the exclusive video on state of RTI in Uttar Pradesh at given link

http://www.youtube.com/watch?v=yxJkJzYn-z0


<object width="640" height="385"><param name="movie"
value="http://www.youtube.com/v/yxJkJzYn-z0?fs=1&amp;hl=en_US"></param><param
name="allowFullScreen" value="true"></param><param
name="allowscriptaccess" value="always"></param><embed
src="http://www.youtube.com/v/yxJkJzYn-z0?fs=1&amp;hl=en_US"
type="application/x-shockwave-flash" allowscriptaccess="always"
allowfullscreen="true" width="640" height="385"></embed></object>

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

A double-edged sword

http://www.financialexpress.com/news/A-double-edged-sword/697739/

A double-edged sword

In Obama's Wars, Bob Woodward discloses that America's ambassador to
Afghanistan believes that Hamid Karzai is a manic depressive who is
"on and off his meds". The episode will almost certainly affect US
relations with a key ally in a strategically important country, and
the book's revelations about infighting and indecision within the
Obama administration have already begun to affect its public image.

The damage caused by the book is clear and wide-ranging, yet the Obama
administration was so keen to cooperate that it encouraged a broad
range of decision-makers and aides to speak to Woodward. At one level,
the administration seems to have hoped to avoid the fate of the Bush
presidency, whose tighter reins on Woodward's access meant that
squabbles and accusations of incompetence between a small number of
heavyweights dominate the public image of its war-planning. At another
level, the curious decision to offer Woodward such comprehensive
access was an acknowledgement that America's national politics is now
dominated by leaks, counter-spin and 'media-messaging' for political
advantage. The idea of open government has become subordinate to
electoral politics and media agendas.

Even open government in its more benign forms can be a double-edged
sword. Tony Blair recently lamented the effects of the Freedom of
Information legislation his government passed in 2000, claiming that
it has been used mainly by journalists keen on scoring political
points and has inhibited the free discussion of contentious issues
within government. India's information commissioners and RTI activist
groups criticise the right to information introduced in 2005,
suggesting that it has been used to solve personal issues instead of
encouraging transparency in government, addressing systemic corruption
or facilitating good governance.

It is true that RTI has had more than its fair share of teething
troubles. Only one-third of people in cities and 13% in rural areas
are even aware of the Act, and many of the urban poor are dependent on
activists and NGOs to fill in applications for them. State information
commissions are underfunded and unable to pursue departments that
default on time-limits for responses, and RTI activists in different
parts of the country have been harassed, attacked and even killed.
Meanwhile, some among the sharper-elbowed aspiring middle classes have
sought to turn the Act into a mechanism for improving their children's
exam grades.

Despite all this, RTI has changed India for the better. The
legislation's roots in state-level activism and laws highlights the
continuing power of...


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

No tab on criminal antecedents of MPs by Lok Sabha Secretariat or Ministry of Home Affairs

No tab on criminal antecedents of MPs by Lok Sabha Secretariat or Ministry of Home Affairs

youngest rti user aishwarya sharma

http://epaper.amarujala.com/svww_zoomart.php?Artname=20101015a_020163007&ileft=0&itop=105&zoomRatio=130&AN=20101015a_020163007

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Thursday 14 October, 2010

RTI reveals : No tab on criminal antecedents of MP’s by Lok Sabha Secretariat or Ministry of Home Affairs of Government of India

RTI reveals : No tab on criminal antecedents of MP's by Lok Sabha
Secretariat or Ministry of Home Affairs of Government of India

A RTI petition sent to the CPIO of Loksabha on 20-09-10 is attached
as Attachment 1 of this mail & is available at given web-link also –
http://aishwaryaj.hpage.com/sec_6_lok_sabha_abt_crim_rec_of_mps_95138401.html


Vide letter no. 1( 778)IC/10 Dated 24th September 2010 , Sri Harish
Chander , Deputy Secretary of Lok Sabha Secretariat , Parliament House
, New Delhi -110001 ( Telephone no. 011-23035289 ) transferred the RTI
petition u/s 6(3) to Shri S.K.Bhatnagar , DS(A&P),Ministry of Home
affairs , 94-B , North Block , New Delhi . It clearly meant that the
secretariat of Lok Sabha had no records of Criminal Antecedents etc.
of its own Members .The letter is attached as Attachment 2 of this
mail & is available at given web-link also –
http://file1.hpage.com/000223/57/bilder/crim_rec_mps_rti_reply_lok_sabha.jpg


Ministry of Home affairs , vide its letter no. A-43020/01/2010-RTI
dated 6 October 2010 has again transferred the RTI petition u/s 6(3)
to Two Public Authorities as given below -
1- Shri Ashwani Kumar SP(HQ) , CBI , New Delhi
2- Shri S. K. Malhotra , Director ( Legal ) & CPIO MHA New Delhi
The letter is attached as Attachment 3 of this mail & is available
at given web-link also –
http://file1.hpage.com/000223/57/bilder/mp_crim_record-mha_reply_rto_20_sept_10.jpg

It clearly means that prima facie , The Ministry of Home affairs of
Government of India also does not keep the records of Criminal
Antecedents etc. of the Members of Parliament .

Isn't it shocking that since Independence to date neither Lok Sabha
Secretariat nor the Ministry of Home Affairs of Government of India
has kept any tab on criminal antecedents of MP's .

Then How come we , the people of India expect a clean parliament in INDIA .

Urvashi Sharma
Mobile - 9455553838
--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

hindustan 14 october 2010

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

rti-supreme court P.I.L.- padyatras

As per newspaper reports the Maharashtra Governor K Sankaranarayanan
has cleared the appointment of Vilas Patil as the state's Chief
Information Commissioner. This means the Governor has Ignored
protests by the RTI activists as well as veteran activist Anna
Hazare .
Chavan's selection is against the SPIRIT of the RTI act 2005 but
going by the words of the act he is defending his unjust decision .
The problem is that the " Spirit of the Act "can only be felt by the
ones whose own spirit is alive .
The Governor is totally wrong when he says this issue is not in his
purview and that the appointments require only a ceremonial sanction
and so he is not too keen on ruffling feathers in the state over it.
Governor's move is againt the spirit of the act .
The preamble of the Act "An Act to provide for setting out the
practical regime of right to information for citizens to secure access
to information under the control of public authorities, in order to
promote transparency and accountability in the working of every public
authority, the constitution of a Central Information Commission and
State Information Commissions and for matters connected therewith or
incidental thereto. " starts with words " Practical Regime ". If the
spirit of the RTI act is to set up a practical regime that breeds and
supports corruption ? of course not . But by selecting the sycophant
yes-man info-commissioners ( taking shelter of words of the act ,
leaving the spirit aside ) , the AGs are setting up a corrupt regime
in the states n the country. The same is being done in Maharashtra .
Chapter IV , Sections 15 , 16 & 17 of the RTI act has it all , even
then none of the AGs are caring . Things are being misinterpreted ,
Why ? Only to have the puppet info-commissions .
The Government should widely advertise the post of Information
Commissioners and give sufficient time and opportunity for submitting
candidatures to a wide cross-section of all those who may be eligible for
the post, all over India and in all walks of life. Moreover there
should be specific criteria of
suitability for the post of Information Commissioners and
that criteria should be used to conduct transparent,
non-discriminatory screening
procedures to select the best among the candidates.
To achieve this Given options may be exercised -
1- Either File a P.I.L. in Supreme Court of India so that AGs should
make such desired rules U/S 27 of the RTI act , or


2-Plan Padyatras of RTI activists starting from all state capitals ,
covering the maximum territory of the state with all activists
joining it enroute in their district headquarters with yatras
culminating in New Delhi at Parliament on 26th January 2011 because
perhaps this issue can and should be addressed by the Parliament. We
have to build
a public opinion through a wide consultative process and thereafter persuade the
Parliament to bring about the necessary amendments in the Right to
Information Act, 2005. In this process we have to seek support of our
local M.P. / M.L.A. as the case may be .

Of course we should include all other frequently discussed issues as
well to strengthen RTI .
--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Wednesday 13 October, 2010

Tuesday 12 October, 2010

Press Release - RTI seminar & RTI oath ceremony in Lucknow on National RTI day

Press Release - RTI seminar & RTI oath ceremony in Lucknow on National RTI day

The fortnight free Interactive RTI Coaching
Classes were successfully completed on 11-10-10. These Classes were
attended by Ram Prakash , Vishnu Dutt , Vishal Pandey , Digvijay
Singh , Badam Singh , Premisagar , Ramautar , Ram Swaroop Yadav ,
Usha , Prabhuta , Babita Singh & Anjali . Though Urvashi Sharma ,
the coordinator of the program had decided to keep the batch strength
limited to 25 but due to unforeseen reasons only 12 enrolled for the
classes. Apart from general course material , Hindi & English version
of the RTI act 2005 , All participants were gifted the Gem " Right to
Information – A route to good Governance " Authored by Sri Narayan
Verma ji . 50 copies of this gem were Gifted to Urvashi Sharma by PCGT
Mumbai , for free distribution.

Today all the participants celebrated " the National RTI Day " . The
day Started with a Seminar titled " RTI Movement in India since 12
October 2005 – An Introspection" .

The Seminar discussed the roles of all the stakeholders of the RTI act 2005 .

Speaking on the occasion Ram Prakash expressed his views that even
after five years , the most of the info-seekers are ignorant about the
RTI act . Most of the info-seekers perceive the act as a grievance
redressal tool . He laid emphasis to spread awareness about this so
that info-seeker should know that RTI act is a information provider
tool and grievance redressal , if any , is an implied one .Vishnu Dutt
called " RIGHT to INFORMATION " as " RIGHT to LIVE " . He further
added that the implementation of act is very poor in Uttar Pradesh .
He laid emphasis on implementation of provisions of section 4 to
dilute the load of RTI applications and appeals. Usha Sharma said that
the PIOs are totally ignorant about the act . She further added that
in most of the cases the very first letter of info is being moved
after the department gets the notice of UPSIC. PIOs are demanding
costs even after 30 days. This is ridiculous , she added . Babita
Singh raised the point of FAA . She said in most of the cases the FAA
never intervenes and decides the first appeal . It's the PIO who
replies the first appeal as well . She questioned the role of UPSIC in
such matters.

Other participants raised various points related to effective
implementation of the act which included role of civil society &
NGOs.
In her concluding speech Urvashi Sharma , the coordinator of the
program emphasized the need of strong positive will power of
info-commissioners while dealing with RTI matters. She elaborated that
the Government's intentions are to dilute the act but info-commissions
as a powerful independent body should counter it by ensuring the
implementation of the act in letter & spirit . She questioned the
selection process of info-commissioners who are generally politically
appointed persons . She elaborated failure of appropriate government ,
the competent authorities , the Public Authorities and the
Info-commissioners in bringing up the RTI act to a considerable
implementation. She made an appeal to all stakeholders of RTI regime
to work in SYNERGY to bring the Real SWARAJ.

The program concluded with the oath taking ceremony . The Oath to the
participants was administered by Little RTI exponent Aishwarya Sharma.

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Five Years of RTI in Uttar Pradesh

http://epaper.amarujala.com/svww_index.php
(Page 4 - Amar Ujala - Lucknow Edition - 12 October 2010 )

Article Link


http://file1.hpage.com/002161/04/bilder/page_4_-__amar_ujala_-_lucknow_edition_-_12_october_2010_.jpg


http://epaper.amarujala.com/svww_zoomart.php?Artname=20101012a_004163003&ileft=234&itop=93&zoomRatio=130&AN=20101012a_004163003

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Monday 11 October, 2010

Sign Online Petition : Memorandum to Scrap Notification no. 2339/39-4-2010-21/05, dated 22 September 2010

Sign Online Petition : Memorandum to Scrap Notification no. 2339/39-4-2010-21/05, dated 22 September 2010

After CIC's order, UPSIC hearing complaints

http://timesofindia.indiatimes.com/city/lucknow/After-CICs-order-UPSIC-hearing-complaints/articleshow/6721327.cms#ixzz11udTmN8y

After CIC's order, UPSIC hearing complaints

LUCKNOW: The Uttar Pradesh State Information Commission is keeping its
words. In accordance with the order issued by the Chief Information
Commissioner (CIC), the commission is now hearing complaints filed by
applicants. The commission had this practice of hearing the complaints
earlier but then it started sending complaints back to the government
departments against which they were made as first appeals.

This was only causing delay. The RTI activists had voiced their
complaints over it to the CIC, chief minister and also the governor.
The UPSIC in August issued an order in this regard saying that
complaints made at the commission by applicants be examined and
registered under Section 18 of the Right to Information Act, 2005, for
further action on them. The CIC has also directed information
commissioners (ICs) that notice be sent to the public information
officer (PIO) of the department, against which the complaint has been
made.

"It is being followed. We have started getting notices about dates
being fixed to hear our complaints," said RTI activist Urvashi Sharma.
In case, first appeal's authority did not respond to the appeal,
applicants had no option but to move second appeal and wait for
hearing. The CIC's order has further said if the PIO is unable to
provide the information within the specified time period then the
applicant should be informed about it. Besides, the order also says
applicant should be given a reason by the PIO for delay in providing
the information.

Commission cannot refuse to hear complaints as that is provided under
the Act, is the common opinion among activists. The complaints are
filed under Section 18 of the Right To Information (RTI) Act which
says it is the duty of the central information commission or the state
information commission to receive and inquire into a complaint from
any person. The first appeal, on the other hand, is filed when the
applicant has not received the information under specified time or is
aggrieved with the decision of the PIO. It is filed with the first
appeal's authority.

The UPSIC is now hearing all fresh complaints which are being filed.
The old ones, which were converted into first appeals, however, have
seen no reconversion into complaints.


http://timesofindia.indiatimes.com/city/lucknow/After-CICs-order-UPSIC-hearing-complaints/articleshow/6721327.cms#ixzz11udTmN8y
--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Sunday 10 October, 2010

Vigilance out of RTI purview in Uttar Pradesh : Sign the online petition

If u wish to be a part of our movement and are convinced by the views
expressed in the petition, do send e-memorandum to the governor , the
CM and the SCIC of Uttar pradesh by signing the e-petition. the link
is

http://www.petitiononline.com/u101010s/petition.html

please circulate it to ur contacts.

even if u disagree , do sign n pen down ur comments.

http://www.petitiononline.com/u101010s/petition.html

need and expect your co-operation

regards

urvashi sharma
Lucknow

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

India's Pride : Two Young crusaders from lucknow , Uttar Pradesh

India's Youngest RTI activist - Aishwarya Sharma ( 9 Years )

http://file1.hpage.com/002161/04/bilder/aishwarya_youngest_rti_activist__orbit_sept_10_page_43.jpg

http://file1.hpage.com/002161/04/bilder/aishwarya_youngest_rti_activist_orbit_sept_10_page_44.jpg

&

India's Youngest Green Activist - Yugratna Srivastava ( 14 Years )

http://file1.hpage.com/002161/04/bilder/yugratna_youngest_green_activist_orbit_sept_10_page__45.jpg


reference : Orbit ( September 2010 issue , pages 43 , 44 & 45 )


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Saturday 9 October, 2010

RTI reveals the MHA GOI has no information related to any of the History Sheeters of INDIA ; If national security is at risk due to this ?

RTI reveals the MHA GOI has no information related to any of the
History Sheeters of INDIA ; If national security is at risk due to
this ?
-------------------------------------------------------------------------------------------------------------

Respected All ,

I sent a RTI petition on 20-09-2010 to the CPIO of Ministry of Home
Affairs ( MHA ) of the Government of India ( GOI ) demanding info on 5
points related to the History Sheeters of all states of India and the
Central Government's policies to deal with matters related to the
History Sheeters . The RTI petition is attached as attachment 1 to
this mail . The same is available at given link also -

http://aishwaryaj.hpage.com/rti_petition_mha_goi_historysheeters_20sept10_93019363.html

Scanned copy of RTI reply sent Vide O.M. no. A-43020/01/2010-RTI
dated 29th September 2010 , issued by Sri S.K. Bhatnagar , Director &
CPIO , MHA , GOI ( ph. No. 011 – 23092035 ) is also attached as
attachment 2 to this mail , The same is available at given link also -

http://file1.hpage.com/000223/57/bilder/histry_sheeter_mha_goi_20_sept_10.jpg

The Case raises two issues to be considered –

1- Pure RTI related issue


a- The CPIO of MHA has skipped point wise reply which violates section
7 (9) of RTI act . This issue shall be raised with the FAA while
sending the first appeal u/s 19(1). Isn't it that the CPIOs are
ridiculing the act and going scot free ?


b- The CPIO has mentioned one Office Memorandum No. 10/2/2008-IR
dated 12-06-2008 of DOPT and has grossly violated section 6(3) of the
RTI act 2005 . This OM of DOPT empowers the CPIO to murder the letters
of section 6(3) , and the spirit of sections 5(3) , 5(4) , 5(5) ,
6(1) & 28 of RTI act in broad daylight with all of us watching it
happen as a mute spectator and bearing with it as a helpless lot.
Tough I shall raise my objections but they are going to be of no help
because of this OM of DOPT . My hopes lies with the central
info-commission / the High Court . Isn't this OM of DOPT making the
RTI act useless for a common rural man who really doesn't know which
is his PIO and making second application is too difficult to him ?

2- The issue of Nation's Security & humanitarian needs


a- The Central Home ministry has no information about the History
sheeter criminals of the nation . History sheeters are generally the
hardcore criminals and can easily be used as soft targets for all
anti-national activities by the traitors of the nation . Keeping no
tab on them by the central government expose the nation to potential
security risk. Shouldn't this record be readily available with
central home ministry ?

b- On a humanitarian front , shouldn't there be an effort to make
special budgetary provisions to bring these special criminals into the
mainstream normal life and do something special to rehabilitate them ?


please think and if convinced , please do write to GOI in this matter
with your suggestions/ recommendation to GOI .


Regards

Urvashi Sharma
Social Worker & RTI Activist
F - 2376 , Rajajipuram , Lucknow
Uttar Pradesh , India PIN CODE - 226017
contact 9369613513 , 9305463313 , 9455553838
--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Vigilance out of RTI purview - Approaching the High Court is the only remedy available

Vigilance out of RTI purview - Approaching the High Court is the only remedy available

Vigilance out of RTI purview - Approaching the High Court is the only remedy available

Vigilance out of RTI purview - Approaching the High Court is the only remedy available

Vigilance out of RTI purview - Approaching the High Court is the only remedy available

Vigilance out of RTI purview - Approaching the High Court is the only
remedy available


Vigilance out of RTI purview - the only available remedy is to move
the High Court of the State without any delay , alternatively flood
the uttar pradesh government with countless memorandums to compel it
to reconsider its decision

Kind. Attn. : All RTI activists across the nation

In the wake of issuance of Notification no. 2339/39-4-2010-21/05,
dated 22 September 2010 of the Uttar Pradesh government by (
illegally & unconstitutionally ) invoking the provisions of section 24
of the RTI act and the attitude of Kunwar Fateh Bahadur Singh , the
state's Principal Secretary of Home and Vigilance , the only way to
drive the matter to its logical end is to counter the Notification
no. 2339/39-4-2010-21/05, dated September 22, 2010 of Uttar Pradesh
government in High Court Allahabad .

Going back to the memory lane , In March 2008, the state had excluded
Civil Aviation Department from purview of RTI. In June 2009, 14 other
subjects, including the code of conduct for ministers, inquiries into
complaints against ministers and MPs were also excluded. Later on ,
Protest by us , the RTI activists compelled the government to limit it
to five . This too was challenged in the Lucknow Bench of the
Allahabad High Court .The said writ petition was filed on behalf of
the National Alliance of People's Movements (NAPM) by RTI activists
Sandeep Pandey and Naveen Tiwari.The petition also challenged the
other government order, issued on March 25, 2008, through which part
of Civil Aviation Department were also removed from the purview of RTI
Act, 2005.

In a matter almost similar to this one , The Madras high court has
held that the Directorate of Vigilance and Anti-Corruption (DVAC)
cannot claim exemption under the Right To Information Act 2005 . The
order is available at given link

http://aishwaryaj.hpage.com/in_the_high_court_of_judicature_at_madras_order_dated_12012010_8343835.html

If due to some reasons , the link does not open please mail me at
rtimahilamanchup@gmail.com and I shall send the copy as attachment to
you .

One more aspect need to be considered . Notification for 3-tier UP
Panchayat elections was issued on 16th September 2010 . With issuance
of this notification, the modal Code of Conduct was enforced in the
state with immediate effect . Under such circumstances issuance of
Notification no. 2339/39-4-2010-21/05, on 22 September 2010 by Uttar
Pradesh government goes against model code of conduct and is untenable
in the eye of law and can easily be challenged in High Court.

These two has given me immense strength and I am sure we shall manage
it this time.

So don't Panic , just take a forward step towards the right direction
and fight for our rights in a legal way.

I don't have the courage like Krishnaraj Rao at this point of time
due to some personal reasons , So I don't find myself in a position
to sit on fast unto death , so want to emphasize on adhering to the
High court route along with my fellow RTI activists.

Apart from this one of the RTI activists is going to float an online
petition today itself , the link of which shall be sent to you all
afterwards .

If anyone has any query , he is welcome to call me on 9455553838 or
8081898081 or email me at rtimahilamanchup@gmail.com .

Even if you are not in Uttar Pradesh , do send memorandums to the
Chief Minister and the Governor of Uttar pradesh to show your
solidarity for RTI. Send communication by any mode mails/ faxes ,
phone calls , SMSs .


The Chief Minister Email id "cmup" <cmup@up.nic.in>, "cmup" <cmup@nic.in>,
Phones Office 0522 - 2236181 , 2239296 .
2215501 , Residence - 2236838 , 2236985


The Governor - Email id hgovup@up.nic.in
Fax 0522 -2237444


Kunwar Fateh Bahadur Singh - Principal Secretary of Home and Vigilance
Email - psecup.home@nic.in , homeup@nic.in
CUG mobile 9451133749

RTI movement of uttar pradesh need your cooperation to fight , survive and win.

Regards

Urvashi Sharma
Social Worker & RTI Activist
F 2376 , Rajajipuram , Lucknow
Uttar Pradesh – 226017 , India


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

The Liberian President, Mrs Ellen Johnson Sirleaf signs law the Freedom of Information (FOI) Bill

http://www.ghananewsagency.org/s_politics/r_21254/

Accra, Oct. 8, GNA - The Liberian President, Mrs Ellen Johnson
Sirleaf, has signed into law the Freedom of Information (FOI) Bill
passed by the House of Representatives and Senate.

A statement signed by the Presidential Press Secretary, Cyrus Wleh
Badio, made available to the Ghana News Agency in Accra on Friday,
said the President, after signing law, submitted it to the Ministry of
Foreign Affairs for it to be printed into a hand book.

Mr Badio described the signing as "good news" for the media,
stressing: "The decision by the government to sign the bill into law
is something that has been considered as progress by the African
Editors' Forum, an organization that brings together Editors, Senior
Editorial Executives and media trainers from across the continent, for
which it has resolved to honour the Liberian leader."

Quoting the African Editors' Forum, the Presidential Press Secretary
said the African Editors had decided to honour President Johnson
Sirleaf for the government's work in opening spaces for the media,
which had culminated in the passing and subsequent signing of the FOI
law.

According to Mr Badio, President Johnson Sirleaf was expected to
receive the award together with some former African leaders such as
former South African President Nelson Mandela, Alpha Konare of Mali,
Thabo Mbeki of South Africa and John Agyekum Kufour of Ghana.

Earlier last month, the Liberian Senate concurred with a decision by
the House of Representatives to enact the FOI Bill into law after it
was passed by the House.

The initiative to draft the Bill was a task undertaken by the Press
Union of Liberia, the Partnership for Media and Conflict Prevention in
West Africa and other relevant partners including the civil society
who felt there was a need for the public to have access to certain
public information.
GNA


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Friday 8 October, 2010

Support the RTI - organize a token hunger-strikes / Anshan , foot-march , candle light processions etc. at all state capitals and in Delhi also

Kind Attn. : All RTI Activists of the nation

Sub.: Support the movement of RTI Activist Krishnaraj rao

Read the news that Vilas Patil is New CIC in Maharashtra .

More Actions required apart from sending e-mails / faxes / letters /
phonograms or making phone calls .

Prefer to reach Relegan Siddhi (in Parner Taluka of Ahmednagar
District of Maharashtra) .

If due to some reasons you are not able to reach Relegan Siddhi , be
in your state and by all means organize a token hunger-strikes /
Anshan , foot-march , candle light processions etc. at all state
capitals and in Delhi also .

Just support the move of Krishnaraj and demand an open and transparent
selection ( no nomination as has been made till now in the guise of
selection ) of info commissioners .

Just act …..act ……..& act .

Regards
Urvashi sharma


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Thursday 7 October, 2010

Fast unto death : an appeal: if you really care for RTI ,please act immediately & show your solidarity

Fast unto death : an appeal: if you really care for RTI ,please act
immediately & show your solidarity
====================================================================
please refer to earlier mails on this matter. my previous mail was
incomplete as it does not had the contact details of the concerned
ones. I m sorry for that . please go thru the forwarded mail which has
updates on the issue and contains all needed email ids , fax/phone
nos , address etc. of all those who should be approached in this
matter.


remember, its a national issue and the root cause of pitiable
performance of rti act in india , of course , including all states .


i once again make an appeal that we all , as a RTI family , should
show our such degree of integration that helps Mr. Krishnaraj achieve
the taget for the larger interest of the society.


if sending emails pls. send bcc at sahasipadyatri@gmail.com ,
sunilahya@gmail.com , go4_afzal@rediffmail.com , grvora@gmail.com
also.


regards


urvashi

--- On Thu, 7/10/10, Krishnaraj Rao <sahasipadyatri@gmail.com> wrote:
From: Krishnaraj Rao <sahasipadyatri@gmail.com>
Subject: Fwd: Fast-unto-death : Act NOW.
To: "urvashi sharma" <rtimahilamanchup@yahoo.co.in>
Date: Thursday, 7 October, 2010, 3:15 PM
7.10.2010
Dear friends,

I am writing on behalf of RTI activist - Krishnaraj Rao, who is on
fast-unto-death at Relegan Siddhi (in Parner Taluka of Ahmednagar
District of Maharashtra) since 6.10.2010 to demand transparent and
lawful appointment of Maharashtra's Chief State Information
Commissioner.

Yesterday's meeting of the CM, Dy.CM and LoOppn was deferred as there
was no consensus on which candidate to select.

Please note that we all urgently need to urge Shri Annaji Hazare to
pressurise and prevail upon Maharashtra's CM, Dy. CM and Leader of
Opposition to demand transparent and lawful appointment of
Maharashtra's Chief State Information Commissioner.

Shri Annaji Hazare, as you all know, is the conscience-keeper of
Maharashtra and indeed the whole Nation. He has studiously fought
against corruption and abuse of powers by the politicians and
bureaucrats by holding fast-unto-death until the Govt. succumb to his
pressure. We need to urge him to take a stand on this important issue
urgently.

You can do the following to convey your opinion to Shri Annaji Hazare
, CM – Shri Ashok Chavan, Dy. CM – Shri Chhagan Bhujbal, , and the
Leader of the Opposition – Shri Eknath Khadse.

1.Send an e-mail expressing your views (whereever e-mail id is
available).2.Send a Fax to them.
3.Send a Phonogram to them (procedure given below.).
4.Wite a letter to them (addresses and other contact details are given below).
--.

Contact details of all who matter :--

1. CM (Maharashtra) - Mr Ashok Chavan - Fax - (022) 22029214 / Ph.
(022) 22025151 / (022)22025222. (E-mail -
ashokchavanmind@rediffmail.com )

2. Dy. Chief Minister (Maharashtra) - Mr Chhagan Bhujbal - Fax -
(022) 22024873 / Ph. (022) 22022401 / (022) 22025014.

3. Maharashtra Leader of Opposition - Mr Eknath Khadse - Ph. (022)
22024262 / Fax os out of order / E-mail
anilsmad2008@rediffmail.com

4. Principle Secretary (General Adminstration Dept.) (Maharashtra)
(Mr Bakshi) - Fax - (022) 22027365 / Ph. (022)22886141.

Address of these people is :--

Mantralaya,

Madama Cama Road,

Mumbai - 400032.

5. Shri Anna Hazare,

C/o Brashtachar Virodhi Jan Andolan Nyas,

Relegan Siddhi, Talukar – Parner,

District – Ahmednagar,

Maharashtra.

Tele-Fax – (02488) – 2404401


E-mail : bvjralegan@gmail.com

Website : www.annahazare.org

The message which could be sent to Shri Annaji is :--

" Dear Shri Annaji Hazare,

Kindly demand transparent selection of Chief SIC in Maharashtra, by
setting a criteria and inviting applications from citizens as per RTI
Act 2005, from Chief Minister, Dy. Chief Minister and Leader of the
Opposition. Please oppose arbitrary appointment of bureaucrats to
this post. "

Similar (appropriately modified) message could be sent to
Maharashtra's CM, Dy. CM and Leader of Opposition.

Two other RTI activists have accompanied Mr Krishnaraj Rao to offer
him moral support. They are :--

1. Mr Sunil Ahya (9820071606) sunilahya@gmail.com

2. Mr Mohd. Afzal ( 9820490435) go4_afzal@rediffmail.com

Mr Krishnaraj Rao's Cell no. is 9821588114. (sahasipadyatri@gmail.com)

Kindly do the needful NOW.

Regards.

G R Vora

Ph - (022) 24091193 / 09869195785

E-mail grvora@gmail.com

Mumbai.

======================


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )