Many people ask me for a sample application of "Responsible Use" of RTI. I am
giving an example RTI below which I have hurriedly drafted.
I expect the PIO to use the following tactics
a) Return the Rs.10 application fee,
b) Inform me that information concerns P/A(s) which is an exempt organisation
u/s 24,
c) Throw 8(1)(a) at me to deny,
d) Throw 8(1)(i) at me to deny,
e) Throw 8(1)(j) at me to deny,
f) Cite 8(1)(f) (g) and (h) for denying certain queries,
g) Cite "3rd party" to deny
So now I am prepared for the above tactics.
To see how it works out in practice I may actually file it and
keep the group posted on how it proceeds. I also freely give permission to
anyone else to use this intellectual property of mine (freely) and submit it
themselves.
Sarbajit
Here is the sample application
<snip>
"To:
The Central Public Information Officer,
(appointed u/s 5 RTI Act 2005)
Cabinet Secretariat
Room No.14,South East Wing, Rashtrapati Bhawan
New Delhi 110004 Date: 27-Oct-2009
CONFIDENTIAL
Sir,
Sub : Request / Assistance for seeking information under RTI Act 2005
I am a public spirited citizen of India and desire information dissemination
concerning your public authority "Government of India - CABINET SECRETARIAT".
I am constrained to send this communication for the reason that the website of
your authority is vague, sparse and uninformative, in contrast to some books
published by former employees of your authority which have affected me.
Hence, to enable me to properly specify the information I seek and also to
obviate any resort under the RTI Act, I request your assistance to disseminate
/ provide me certain information falling within "proactive disclosure" category
of section 4 of RTI Act pertaining to your public authority. I am caused to
request this information free of cost, immediately and in the electronic format
in terms of sub-section 4(4) r/w 4(3) of RTI Act 2005 which I set out below for
ready reference.
" 4(3) For the purposes of sub-section (1), every information shall be
disseminated widely and in such form and manner which is easily accessible to
the public.
4(4) All materials shall be disseminated taking into consideration the cost
effectiveness, local language and the most effective method of communication in
that local area and the information should be easily accessible, to the extent
possible in electronic format with the Central Public Information Officer or
State Public Information Officer, as the case may be, available free or at such
cost of the medium or the print cost price as may be prescribed.
Explanation.For the purposes of sub-sections (3) and (4),
"disseminated" means making known or communicated the information to the public
through notice boards, newspapers, public announcements, media broadcasts, the
internet or any other means, including inspection of offices of any public
authority."
NB: I am accompanying an application fee for Rs. 10 so that this request for
assistance / information dissemination is not rejected on technical grounds.
The amount may kindly be returned to me if there is no legal requirement for me
to pay the same for information dissemination.
Accordingly the information I seek is specified below:
1) A copy of the catalogue(s) [see sub-section 4(1)(a) RTI Act 2005] of
all records maintained by your public authority duly indexed in manner and the
form to facilitate right to information.
2) A copy of the complete and/or sufficient information that is required
to be provided suo-moto to the public by your public authority for compliance
with sub-section 4(2) of RTI Act, which is set out below for ready reference
"(4)(2) It shall be a constant endeavour of every public authority to take
steps in accordance with the requirements of clause (b) of sub-section (1) to
provide as much information suo motu to the public at regular intervals through
various means of communications, including internet, so that the public have
minimum resort to the use of this Act to obtain information."
3) All relevant facts that are required to be disclosed by your public
authority for compliance to mandate of sub-section 4(1)(c) of RTI Act,
including (but not limited to) the decisions of Council of Ministers, the
reasons thereof, and the material on the basis of which the decisions were
taken once the matter is complete, or over. For ready reference the concerned
clause is set out below
"4(1)(c) publish all relevant facts while formulating important policies or
announcing the decisions which affect public;"
4) The copy(s) (incl gazette notifications, if any), reasons [see
subsection 4(1)(d) of RTI Act] and supporting material for the following
important administrative or quasi-judicial decisions of Cabinet / GOM / Council
of Ministers / Cabinet Secretariat / Committee(s) of Secretaries or other
Cabinet or Secretarial bodies etc.
NB: I am an affected person being concerned that valuable historical records
are being willfully neglected / have been corruptly destroyed,
a) Decisions / policy, if any, to allow the following persons
i) Mr Ranjan Bhattacharya (purported son-in-law of former P.M.
A.B.Vajpayee)
ii) Mr Nandan Nilekani,
iii) Mr Sam Pitroda,
iv) Mr Shailesh Gandhi
access to sensitive official documents / records and/or Cabinet papers from
time to time.
b) Decision / policy, if any, to bifurcate IB to create R&AW on
21.Sep.1968 or thereabouts
c) Decision(s) / policy, if any, to constitute or deploy covert action
units of R&AW after 1968,
d) Decision(s) / policy, if any, to constitute or deploy covert action
units of Directorate-General of Security (DGS) after 1968,
e) A copy of the noting(s) by B.N.Mullick (former Director IB)
constituting the "Burma Branch" presently with R&AW Archives,
f) Copy of the note issued by Indian Ambassador to Burma, and later
supplied to R&AW in 1968-69, stating that Govt of India I had no objection to
Chinese assistance to Burma (now Myanmar) for aerial photography of Indian
territory,
g) Decision to destroy / weed out from R&AW records the transcripts of
records of negotiations for settlement by Mr Rajiv Gandhi, Mr R.N. Kao and
others recorded by Mr B Raman before Army was sent into Golden Temple Amritsar
in June 1984, along with record(s) of factum of destruction. NB: Mr. B Raman
former Addl Secy of R&AW has published that that these valuable historical
records were entrusted by him to R&AW archives around 31,August 1994 in the
hope they are made available to future historians
h) Decision to destroy / weed out from R&AW records, communications from
American Baptist missionaries in Burma (Kachin State) to R&AW after October
1968, along with records of factum of destruction.
i) Decision to destroy / weed out the Indian Army's minute of dissent to
Joint Intelligence Committee concerning over-assessment of Naga hostiles sent
to China for training in 1968-69, along with records of factum of destruction.
j) Decision to conduct an enquiry into suspicions that CIA was involved in
assassination of Mrs Indira Gandhi. It is pertinent that Mr B Raman former Addl
Secy R&AW, has alleged the enquiry "could not prove this suspicion".
k) Decision(s) / policy not to upgrade India's "weak" (per Mr B Raman)
maritime intelligence capability concerning US and naval development in Indian
Ocean region.
l) Decision(s) / policy to depute / induct officers of R&AW to Ministry of
Information & Broadcasting from time to time.
m) Decision to constitute NTRO (National Technical Research Organisation),
n) Decision to send Mr K Sankaran Nair to Geneva during Emergency period
to deposit about six million US Dollars into Swiss Bank numbered account to be
paid as commission for intercession of Ashraf Pehlawi the sister of Shah of
Iran on recommendations of Hindujas.
o) Decisions / policy taken at various times to exclude members of
minorities such as Muslims or Sikhs from intelligence / security at senior
operational positions or close proximity duties.
p) Decision(s) / policy which served to humiliate and "throw out" Mr Shiv
Raj Bahadur, IPS, from R&AW in ca. 1980.
q) Decision / policy to destroy / weed out report of Kargil Review
Committee ca. 1999.
r) Decision / policy of Indian Embassy to Paris to throw away old glasses
and replace them with new ones after official visit of PM Morarji Desai. NB: Mr
B Raman, a R&AW officer when posted in Paris has alleged (in book published by
him) this was because of uncertainty about which glass(s) PM Desai had used
for drinking his urine.
s) Decisions perpetuating nepotism in R&AW which also earned it the
sobriquet "Relatives and Associates Wing". If these were done as policy, the
policy may also be provided.
t) Decisions recalling R&AW officers posted abroad for alcoholism,
womanizing, gambling etc. If these were done as policy, the policy may also be
provided
u) Decisions not to act strongly against delinquent R&AW officers who were
members of Mr R N Kao's or Mr K Sankaran Nair's staff, as publicly alleged by
Mr B Raman (former Addl Secy R&AW). If these were done as policy, the policy
may also be provided.
v) Decision to ban trade unions in intelligence services of GoI. If these
were done as policy, the policy may also be provided.
w) Decisions to allow the practice (Mr. B Raman has described it as
"racket") of security staff accompanying Ms Sonia Gandhi and her children
abroad on Prime Minister's plane to bring back imported electronic and other
goods into India without passing though customs or paying customs duty. If
these were done as policy, the policy may also be provided.
x) A) Decision of Cabinet Secretariat to enquire into sources of foreign
exchange used by Intelligence officers to purchase / import Colour TV sets
whilst accompanying PM Indira Gandhi in or about Sept 1983.
B) Decision by Secretary (R) and/or No.2/R&AW not to prosecute the Intelligence
officers on the said enquiry's findings.
y) A) Decision to allow Royal Jordanian Airline to operate flights to/from
India,
B) The supporting material (as alleged concerning corruption by R&AW officer Mr
B Raman) for such decisions, namely gift of expensive Mercedes Benz car by King
of Jordan, and also 2 AC Land Rovers, which were subsequently transferred to
President of India's garage by Shri Rajiv Gandhi.
z) Decision of Cabinet Secretariat not to proactively disclose complete
information concerning all its business / functions / duties / budget / staff
etc. under RTI Act.
Accordingly, I request for the above specified information be given to me,
preferably in electronic format (such as on "diskette") (and also be published
on internet by you) so that it may serve the (larger) public interest and
strengthen India's security and strategic interests and especially in the face
of the numerous ALLEGATIONS OF CORRUPTION in books published by senior R&AW
officers after their retirement / super-annuation inter-alia cross-levelling
allegations between the personnel of ex-Army and IPS/RAS cadres in Cabinet
Secretariat.
Yours faithfully
(Sarbajit Roy)"
