RE: [rti_india] Re: Fwd: [Indiarti] CIC to approach SC as ICs refuse to work

Thursday, May 27, 2010

RE: [rti_india] Re: Fwd: [Indiarti] CIC to approach SC as ICs refuse to work

It appears to me that the 'glee' expressed by some in our group was at the situation in which the CIC landed himself and they also, like the rest of us, would like the Commission

to evolve as an instrument to usher transparency in governance.

--- On Thu, 27/5/10, Venkatesh Nayak <venkatesh@humanrightsinitiative.org> wrote:

From: Venkatesh Nayak <venkatesh@humanrightsinitiative.org>
Subject: RE: [rti_india] Re: Fwd: [Indiarti] CIC to approach SC as ICs refuse to work
To: rti_india@yahoogroups.com
Date: Thursday, 27 May, 2010, 10:11 AM

Dear friends,

What worries me is that some observers and users of RTI in this discussion group and elsewhere are exulting in the fact that the Commission's work has been upset by the DDA decision. While this is not how the Delhi High Court's decision must be interpreted, it serves little purpose to argue that all possible routes to getting out of the logjam are closed. If change of Rules will not help RTI, if amendment of the Act cannot help RTI and if the clarificatory orders route is also closed (it indeed is) then the only way left is to go to courts again for seeking enforcement of RTI every time we want information. I certainly cannot afford it on my income. Should we just dump the RTI Act then? malafide interpretations of the RTI Act and the Delhi High Court's decision are not what we need today. This chain of discussion started of by a few members agreeing to celebrate this situation with liquor. if that was not said in jest and was a true gut reaction to what has happened then I can only say- "how disgusting". This kind of attitude does not help RTI at all.

The saddest part is that the more moderate majority of members of this group are only watching silently without speaking up. To all such people, I would like to say- "This is your fundamental right also, my friend. The Commission will not belong to you if you treat it as the domain of the Commissioners and the babus only. THE COMMISSION EXISTS FOR ONE REASON ONLY- TO SERVE THE PUBLIC INTEREST BY PERFORMING ITS APPOINTED TASKS. We are members of that public. This is not merely NGO-speak. Any bonafide constitutional lawyer with a sound understanding of the basic principles of public law will tell you the same thing. We need to be more responsible in our reactions to the current difficulties that the Commission is facing. After all we are paying for the upkeep of this Commission through our taxes and we do not want to see that money wasted. We need to have a sense of ownership towards this Commission and other public bodies that subsist on taxpayer funds.

I have no problems with people voicing any view on any matter so long as they do it decently. Happy to read even illogical views and react to them because what seems illogical today may seem very logical from a different perspective tomorrow. but if some members are looking upon this situation as an instance of macabre entertainment and are going about analysing issues which in fact is not analysis but vitriolic bile gushing out uncontrollably, then it is time to see the doctor. if such people cannot help RTI with solutions then my advice is "kindly leave RTI to others who are more interested in finding solutions. If you cannot come up with a solution then you are probably part of the problem. the moderates amongst us have an ethical duty to speak up in favour of what is right- not just in this matter, but always. So can we have more constructive discussions on this issue, please?

Thanks

Venkat

From: rti_india@yahoogrou ps.com [mailto:rti_ india@yahoogroup s.com] On Behalf Of sarbajitr
Sent: Thursday, May 27, 2010 8:27 AM
To: rti_india@yahoogrou ps.com
Subject: [rti_india] Re: Fwd: [Indiarti] CIC to approach SC as ICs refuse to work

Incidentally Raminder was the journo who posted that very
prophetic story (when the CIC selection controversy was
ongoing) that Habibullah would complete his term in office.

The ToI today, however, says that CIC will approach the DoPT
to get the Rules amended - which is even better for us - since
legally the Rules cannot be amended for this purpose. The
RTI At is so poorly drafted that any skilled objector to DoPT
can stall Rule amendments till the RTI Act is amended or
Sonia Gandhi (through the PMO - Deepak Sandhu ??) intervenes.

Let me put this plainly to Mr Habibullah, LEGALLY SPEAKING
THE BASIC STRUCTURE OF RTI ACT 2005, AS IT STANDS AT PRESENT,
DOES NOT PERMIT THE CENTRAL GOVT BY RULES TO ALLOW PARTIAL
BENCHES OF CIC TO DECIDE APPEALS OR COMPLAINTS. You know this
very well as Mr Singhi had privately advised you on many occasions.
The only option for you was section 30 of the RTI ACT - which you
failed to avail because of your ego and the bad advisors who you
listen to. The section 30 route is now closed - and you should do the same to CIC.

Sarbajit

--- In rti_india@yahoogrou ps.com, ashish kr1965 <ashishkr1965@ ...> wrote:
>
> http://www.mynews. in/News/CIC_ to_approach_ SC_as_ICs_ refuse_to_ work_N57918. html
>
> *Posted On: *26-May-2010 05:52:47 *By:* Raminder Singh Font Size:
> <http://www.mynews. in/News/CIC_ to_approach_ SC_as_ICs_ refuse_to_ work_N57918. html#>
> >
> India's FoI watchdog the Central Information Commission "CIC" has decided to
> approach the Indian Supreme Court next week against a recent order of the
> Delhi High Court which has caused at least 3 of its members to inform the
> Chief Information Commissioner Wajahat Habibullah that they shall not be
> hearing cases from next week as this would amount to contempt of court.
>