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
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. )
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