Dear Citizen/activists, Illegal orders passed by SIC and CIC can only be vacated through writs in High Courts and not through agitation/dharna/pradarshan. An order passed in a judicial/quasi-judicial proceedings attains finality if not challenged in higher courts. SIC and CIC have already passed innumerable orders which are against the provisions and definitions of the RTI Act and the PIO's are using these illegal orders against the citizens for wrongly denying information. Very few writs have been filed in High Courts against these illegal orders of SIC/CIC indicating that most of the RTI activists/ngo's are not interested in filing writs in High Courts but are more interested in agitation/dharna/pradarshan. The issues for which agitation/dharna/pradarshan are held can be legally enforced through High Court and Supreme Court orders with much less money and resource. I call upon all citizens/activists to file writs in High Courts against illegal orders/actions of SIC/CIC and to support each other in doing so and all such citizens/activists can contact me for the same.
Sanjiva Dayal, B.Tech.(I.I.T. Kanpur) Address:A-602, Twin Towers, Lakhanpur, Kanpur-208024, INDIA. Phones:+91-512-2581532,2581426. Mobile:9415134052 Business email:[email protected] Personal email:[email protected] --- On Mon, 1/5/09, LESLIE ALMEIDA <[email protected]> wrote: > From: LESLIE ALMEIDA <[email protected]> > Subject: [rti_india] Fw: Calling for Immediate Nationwide Agitation against > Chief CICs and SICs > To: [email protected] > Date: Monday, January 5, 2009, 6:13 AM > --- On Sun, 1/4/09, sahasipadyatri > <[email protected]> wrote: > > > From: sahasipadyatri <[email protected]> > > Subject: Calling for Immediate Nationwide Agitation > against Chief CICs and SICs > > To: "Krishnaraj Rao" > <[email protected]> > > Date: Sunday, January 4, 2009, 8:08 PM > > Dear Fellow Citizens, Activists, > > > > > > > > I am hereby calling for a nationwide agitation against > > Chief State & Central > > Information Commissioners, to begin within the next 10 > days > > or so. Our > > agitation may take various forms of civil > disobedience; let > > us discuss and > > plan the specific details. > > > > > > > > *Our demand is simple and lawful:* Each Chief CIC/SIC > must > > send a circular > > to all public authorities in their jurisdiction, > stressing > > the four points > > mentioned below. (Needless to say, individual > Information > > Commissioners must > > thereafter follow up and enforce these with immediate > > effect… but if > > circulars are issued, we shall take that as a written > > commitment, and follow > > up on the implementation.) > > > > * * > > > > *Our Demand: Chief State/Central Information > Commissioners > > must issue > > circulars that stress the following RTI provisions:* > > > > * * > > > > 1. *strict Enforcement of Section 20: * > > > > *Penalties & DISCIPLINARY action * > > > > *for breach of crucial rti deadlines* > > > > * * > > > > § [Normally 30 days from the date of receipt, but > only 48 > > hours > > ifconcerning life and liberty of a person, as per Sec. > > 7(1). > > > > § 5 additional days are added to the above u/s 5(2) > if > > RTI application is > > transferred to an Assistant PIO.** > > > > § 40 days if the information is given by third party > in > > confidence, as per > > Sec. 11 (3) > > > > § If cost of providing the information is being > charged, > > intimation of the > > same must be sent to the RTI Applicant. The period > between > > the dispatch of > > this intimation and payment of fees by Applicant is > > excluded for the purpose > > of calculating the deadline, as per Sec. 7(3). > > > > > > > > *Failure to meet any of the above deadlines means that > > penalty *@ Rs 250 per > > day upto Rs 25,000 and *departmental action* must be > > applicable u/s 20. No > > excuses that are not mentioned under the RTI Act will > be > > admissible. > > > > > > > > *Details for enforcement:* > > > > > > > > a) In cases where responsibility cannot be > clearly > > isolated and pinned > > on PIO, penalties for *contributory negligence or > abetting > > negligence* must > > be imposed as per Section 20 on all parties concerned > with > > providing > > information – PIO, Assistant PIO, 1st Appellate > > Authority, head of the > > public authority etc. *This is mandatory, not > > discretionary or > > discriminatory; and this has been upheld by several > High > > Courts.* > > > > b) If failure to meet the above deadlines are > noted by > > FAA, then FAA > > must pass strictures clearly pinpointing negligence > and > > non-compliance with > > various sections of the Act in their order. Also, they > must > > forward their > > orders to SIC for consider action u/s 20. *This is > > mandatory as per the > > intent of Act.* > > > > c) Penalty, reprimands and strictures passed > against > > PIOs and others > > by CIC/SIC must be mandatorily included in *Annual > > Confidential Reports > > (ACR) and Service Records* of those employees. ** > > > > d) CIC/SIC's file cannot close with simply > passing > > orders. Unless a > > compliance report is filed, CIC/SIC must summon the > PIO and > > FAA every month > > for a hearing and seek justification. *This is > mandatory > > in keeping with > > the spirit of the Act.* > > > > > > > > 2. *strict Enforcement of Sec. 19(5):* > > > > *putting onUS on PIO to justify dENIAL* > > > > As per Sec 19(5), in any appeal proceedings, the onus > to > > prove that a denial > > of a request was justified shall be on the Central > Public > > Information > > Officer or State Public Information Officer, as the > case > > may be, who denied > > the request. Section 19(5) must be strictly enforced > at > > both FAA and > > CIC/SIC. *PIO must present justifications under RTI > Act in > > writing*, > > otherwise action under Sec 20 must follow. > > > > > > > > 3. *strict interpretation & Enforcement of > SEC. > > 6(1), 4(3) & 7(1): * > > > > *responses in same language as rti application* > > > > (English / Hindi / Regional Language) > > > > *Reply must be in same language as RTI application* as > per > > 6(1), 4(3) and > > 7(9)]. > > > > Unless the matter demanded is photocopy of an existing > > document, PIO's reply > > and information must be in the language of RTI > Application. > > Unless replying > > in the same language would "*disportionately > divert > > the resources of the > > public authority"* (eg. If a remote village > panchayat > > office receives an RTI > > application in English),* *breach of this norm must be > > taken as a > > *malafide*and misleading action, and penalty must be > > imposed. > > > > > > > > 4. *strict Enforcement of Sec. 8(1)(J):* > > > > *MANDATORY DISCLOSURE TO PARLIAMENT, ASSEMBLY ETC.* > > > > If any matter is denied to an ordinary citizen under > any > > section whatsoever, > > the PIO must give a letter stating that he would not > give > > such information > > even if it were demanded by the parliament as per Sec > > 8(1)(j) latter half. > > This must be countersigned by the head of the Public > > Authority. > > > > > > > > > > > > > > > > *(Of course there are many more things that we may > wish to > > include in our > > demands. However, let us avoid that temptation, > because too > > many demands are > > difficult to focus on, negotiate and agitate for. It > will > > also confuse the > > general public and media, whose understanding and > support > > will be critical > > to our success. So let us keep our demands focused and > > sharp.)* > > > > * * > > > > *To avert our agitation before it happens, or to end > it > > when it is in > > progress, what action is required from each Chief > SIC/CIC? > > * > > > > * * > > > > *The answer is: *Chief CIC/SIC must immediately send a > > circular to heads of > > all public authorities stressing all of the above > points. > > When activists of > > this jurisdiction are satisfied that a suitably worded > > circular has been > > issued and dispatched, they will end their agitation. > > > > > > > > *Key parameters for our agitation are*: > > > > > > > > (a) *Cause plenty of inconvenience and > embarrassment > > *to Chief CICs and > > SICs in their official capacity** > > > > (b) *Avoid targeting individuals and creating > personal > > enemity *because > > our fight is not against individuals, but against a > corrupt > > system. ** > > > > (c) *Interesting *methods of civil disobedience* > *to* > > *involve maximum > > numbers of citizens and hold their interest > > > > (d) *Sustainable *methods of civil disobedience – > let > > us avoid > > hunger-strikes etc., or at least save these options > for > > later. > > > > (e) *Frequent elements of surprise *to keep > officials and > > media on their > > toes** > > > > (f) *Cheerful methods *to avoid depression and > gloom in > > our ranks** > > > > (g) *Avoid causing too much inconvenience to the > general > > public. *Some > > inconvenience may be unavoidable, but we must remember > that > > members of the > > general public -- no matter what stand they take – > are > > not our adversaries.* > > * > > > > (h) *Avoid violence at all costs. **Maar khana > achcha > > hai, lekin maarna > > allowed nahin hai. *We must all take pains to keep > tempers > > cool, no matter > > what provocations come our way, because we stand for a > > cause that is much > > larger that each of us.** > > > > > > > > We all have been thinking and debating for months and > > years. There have been > > enough discussions with Information Commissioners. It > is > > already too late. > > There is no excuse for further delay. Let us agitate > now. > > > > > > > > As for what forms of agitation we must adopt to make > the > > movement > > broad-based and effective – let us start the > discussion > > on phone and email. > > > > > > > > Warm Regards, > > > > Krishnaraj Rao > > > > Spokesman, Sahasi Padyatri movement > > > > 98215 88114 > > > > > [Non-text portions of this message have been removed] > > > ------------------------------------ > > Yahoo! Groups Links > > >
