Tuesday, February 22, 2011

Re: [HumJanenge] Centre must add purpose clause to RTI Act

Dear Guptaji

FYI, I am almost your neighbour in Dwarka, staying barely 2 bus stops from you.
You can surely verify that I am not a very hi-fi or hi-flying person, and like all good
Bengalis believe in low living, high thinking and direct action.

As a person who fully believes in knowing one's enemy(s), I cannot ignore DOPT''s
point of view. "Keep your friends close, but keep your enemies closer.". One of the
basic rules we teach at RTI_India is to "think like a PIO (aka DoPT)" and anticipate
every exemption / defence he has.

My comments to DoPT on draft are entirely in public domain and were published/
discussed on this group. You may read them again. I challenge you to find any other
work by a CITIZEN which has gone into such detail for the citizens. I can assure you that DoPT will have great trouble with my comments - especially if they choose to ignore it or try to "cherry pick". You are not privy to all the facts in the draft RTI Rule controversy or my strategies and are unable to distinguish "friend from foe". Actually It is misguided / inexperienced civilians like you who blunder about in  war-zones that cause experienced marksmen with consciences (like me) to not perform at their best. I am putting it to you very plainly - the enemy of RTI is NAC & NCPRI, not DoPT. For instance where is NAC's comments to DoPT ?? Are they in public domain officially ??? Can you name me even 1 public forum (such as mailing list) where Aruna Roy discusses these matters and
solicits inputs like we do here ?
You mentioned 2 of my pending RTI cases.

1) The first one against DDA is in SLP in SC. The CIC has continuously evaded serving me - so I am not entering appearance till then. The Honb'le SC has noticed it and referred to this lapse in their latest order and sought proof of service on me. This is a tactical move on my part. I shall not leave either DDA or CIC and shall contest this to the best of my abilities.

2) In the second matter, Electricity Discoms under RTI. The judges are  being subjected to tremendous pressure - even ASGs are openly appearing on behalf of Discoms. The CIC has got itself deleted from the case (I did not object since it makes my job easier). I am single-handedly fighting a battery of senior counsel engaged by DISCOMs. The DERC and Delhi Govt are now openly on the side of the DISCOMS to take them out of RTI. You can gauge my level of commitment and legal skill from the latest order.


I suggest you read it well before doubting my bonafdes and commitment to ensuring "RTI for CITIZENS" in future.



On Mon, Feb 21, 2011 at 9:28 AM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:


My Dear Sarab,


Forget about DoPT, according to it, initially even file notings did not form part of info u.s.2(F).  It is only after the order of CCIC, (now Retd) Mr. Wajahat Habibullah that it removed its posting from its website debarring file notings.  Very few people agree with DoPT even on single subject, 250 words limit and packing of RTI application after the death of applicant. If DoPT is allowed to have its say, it may state that the RTI Act should go in smoke. However, will be grateful if you mail the DoPT mandate my and the information of other members.


2.         I already said that reasons can be provided voluntarily and should not be forced upon an applicant. I apprehend that some PIO's will deny information stating that the furnishing the information is not justified on the reason given.  Otherwise, what is the purpose of giving reason?  

I am surprise on your stand that the section 6(2) stating that applicant is not required to give any reason for requesting information that it is unconstitutional.  In fact, you are providing material to the bete-noire (against) of RTI Act duly passed by the Parliament to challenge this provision in the Court of Law. Till now, no body has even though to challenge this Act on this ground.


3.   I hope you might have read the posting on this blog that filling RTI was of great help to uncover the irregularity in the Adarsh Housing Scam.  This has also been stated by Shri Krishan Raj Rao, the Sahasi Pad Yatri.  In fact, one of the main purposes of this Act is to dig out the corruption.


4.         In one of your posting, you said that u r not the RTI Activists, but, in contradiction, you are moderating an RTI group, filed many RTI application, fought case on RTI against DDA or CIC which resulting struck down of Management Regulations of CIC, Founder of RTI_India, first filed objections to the DoPT proposed amendments to Mgt. Regulations and now supporting them. These actions are not in one directions and self-contradictory.  You still want us to believe that u r working on your own and not for any outsider.   


Copy to Shri Wajahat Habibullah and Shri Krishan Raj Rao for comments.

No comments:

Post a Comment