Friday, September 30, 2011

Re: [HumJanenge] RTI reply - a new trend

Please send me the rti application. let me pursue the matter.
regards
sandeep

On 10/1/11, Dwarakanath <dwarakanathdm@gmail.com> wrote:
> Friend, Section 6(2) of the RTI ACt is herewith reproduced:
>
> (2)
>
> "
>
> An applicant making request for information shall not be required to give
> any reason for requesting the information or any other personal details
> except those that may be necessary for contacting him.".
>
> Section 3 of the Act is only a directive to the concerned authorities how
> and in what form etc., to prepare and keep the information of their day to
> day activities and does not enable them to ask any question whatsoever. It
> only emphasises the duty of the State towrds the Citizens. Neither the
> object of this Law nor the provisions of this section/sub-section authorises
> the State, to verify who is the applicant. If the authorities suspect the
> bonafides or the information sought is of such serious nature, they have
> every possibility of verifying the citizenship of the applicant through the
> Police/CCB , CBI, Defence or other agencies who are exclusively meant for
> it, if the information asked for is protected or prohibited under the RTI
> Act. 30 days time limit provided for the authorities to give you the
> information. If u do not get the information in 30 days, you hae the right
> to complaint to the Informatin Commissioner deeming that this authority has
> refused to give u the information and request to pemalise them according to
> the RTI Act. However, if the Oil company needs to verify your citizenship,
> they can separately take it up through authorised agencies without asking
> you for any proof. regards, dwarakanthdm
>
>
> On Tue, Sep 20, 2011 at 3:06 PM, Mathre Rangarajan
> <rangajan@yahoo.com>wrote:
>
>> M. Rangarajan,******
>> *(retired Group General Manager ONGC)*
>> B 2 – 301, SRIRAM SPANDHANA,****
>> Chellaghatta village,****
>> *******Bangalore****** – 560037*.****
>> *Phone: 25227955, mobile 9945091581*
>> *e-mail: rangajan@yahoo.com / rangajan@gmail.com *
>> Dated 20th September 2011
>>
>> Dear friends / RTI activists,
>>
>> I asked for some information from M/s Chennai Petroleum Corporation Ltd, a
>> Government of India Undertaking under Ministry of Petroleum under RTI Act.
>> I
>> am enclosing copy of letter for information of all.
>>
>> The gist of letter is as followes:
>>
>> I quote:
>>
>> In compliance with Sec 3 of Right to Information Act 2005, we request you
>> to kindly send us the proof for citizenship like a copy of Election
>> Identity
>> Card, or a copy of tje Passport issued by Govt. of India or any document
>> duly attested by a Notory Public / Executive magistrate to eable us to
>> procede further.
>>
>> Unquote.
>>
>> I have sought information from many Cental Government Department, State
>> Government Departments, and Public Sector Undertaking etc and so for
>> none .have asked for proof of my Citizenship. This appear to be uncalled
>> for
>> and illigal new trend.
>>
>> I would very much appreciate some advise - how should I procede further.
>>
>> warm regards / rangarajan
>>
>


--
Dr. Sandeep Kumar Gupta
989, Sector 15-A, Opposite bishnoi Colony, Hisar-125001, INDIA
Phone: 91-99929-31181

Re: [HumJanenge] RTI reply - a new trend

That is the Reason i Have Contened that the PIO is not at all delegated , relgated nor has discretionary powers to Verify one's Citizenship . He is Actually Userping the powers of the Legislation . He Does not have any vested powers to verify one's Bonafides .
I Gor sucess when the PIO from LIC Blore Did the Same "doubting tom" Work when i Made another RTI to his Admin asking Them How this Person was recurited when he has Provided Proof of his Citizenship and a Copy was sent that person .
I Have Learnt through Various Sources that Certain Persons Who are basically "only Trainers" have Given a Sermon that This ascpet Can Be Quired by an PIO . However They are ignoring one more Clause in the Act 21 Protection of an act done /carried in good faith .
The Best way to Tackle this Make several RTI to DoPT

N vikramsimha , KRIA Koota , #12 Sumeru Sir M N Krishna Rao Road , Basvangudi < Bangalore 560004.

--- On Sat, 1/10/11, Dwarakanath <dwarakanathdm@gmail.com> wrote:

From: Dwarakanath <dwarakanathdm@gmail.com>
Subject: Re: [HumJanenge] RTI reply - a new trend
To: humjanenge@googlegroups.com
Date: Saturday, 1 October, 2011, 6:31 AM

Friend,  Section 6(2) of the RTI ACt is herewith reproduced:

(2)

 "

An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.".

Section 3 of the Act is only a directive to the concerned authorities how and in what form etc., to prepare and keep the information of their day to day activities and does not enable them to  ask any question whatsoever.  It only emphasises the duty of the State towrds the Citizens.   Neither the object of this Law nor the provisions of this section/sub-section authorises the State, to verify who is the applicant.   If the authorities suspect the bonafides or the information sought is of such serious nature, they have every possibility of verifying the citizenship of the applicant through the Police/CCB , CBI, Defence or other agencies who are exclusively meant for it, if the information asked for is protected or prohibited under the RTI Act.   30 days time limit provided for the authorities to give you the information.  If u do not get the information in 30 days, you hae the right to complaint to the Informatin Commissioner deeming that this authority has refused to give u the information and request to pemalise them according to the RTI Act.  However, if the Oil company needs to verify your citizenship, they can separately take it up through authorised agencies without asking you for any proof.  regards,   dwarakanthdm


 
On Tue, Sep 20, 2011 at 3:06 PM, Mathre Rangarajan <rangajan@yahoo.com> wrote:
M. Rangarajan,
(retired Group General Manager ONGC)
B 2 – 301, SRIRAM SPANDHANA,
Chellaghatta village,
Bangalore – 560037.
Phone: 25227955, mobile 9945091581
Dated 20th September 2011
 
Dear friends / RTI activists,
 
I asked for some information from M/s Chennai Petroleum Corporation Ltd, a Government of India Undertaking under Ministry of Petroleum under RTI Act. I am enclosing copy of letter for information of all.
 
The gist of letter is as followes:
 
I quote:
 
In compliance with Sec 3 of Right to Information Act 2005, we request you to kindly send us the proof for citizenship like a copy of Election Identity Card, or a copy of tje Passport issued by Govt. of India or any document duly attested by a Notory Public / Executive magistrate to eable us to procede further.
 
Unquote.
 
I have sought information from many Cental Government Department, State Government Departments, and Public Sector Undertaking etc and so for none .have asked for proof of my Citizenship. This appear to be uncalled for and illigal new trend.
 
I would very much appreciate some advise - how should I procede further. 
 
warm regards / rangarajan

Re: [HumJanenge] Democracy – Why Can’t We Have Obama, Modi & Modi Everywhere

Gujarat Failed in Critical Sectors

 

Dear Major,

 

Gujarat is a Trading Hub for many thousand years – No one can take away this advantage.

 

Most of the six lane or eight lane highways are operated by NHAI.

 

While per capita income in Gujarat is similar to Punjab and Haryana, in Gujarat income is less evenly distributed, and concentrated with few $billionaires but more evenly distributed in Punjab & Haryana.

 

Gujarat under Modi failed in critical areas – It couldn't develop Oil & Gas and was Hoarding, Narmada Irrigation System, Food Production with Emphasis on Bt Cotton mainly for exports, Education and Healthcare.

 

Regards



On Thu, Sep 29, 2011 at 11:28 AM, Ramesh Agnani <agnanir@yahoo.com> wrote:
I don't agree with the mail by Ashok. Since I was involved in the roll out of e com in Gujarat which started in 2000- 2001 during Patel's CM ship and not after Modi took over as is the general belief. How ever it was completed and implemented with more entusiasm and vigour after Modi took over. Gujrat was prosperous since earlier days but only some pockets where Patels ruled the roost. How ever after very effective ecom and effective administrative controls by Modi the state today is one opf the most prosperous and caste divide free estate, except for some pockets. So I feel that ecom is a very effective tool but at the end of the day it is the implementation and proper monitoring with iron hand administartive control that it would become effective. And hence not only implementation of egov across country, I agree with MK it also requires political will power and a very effective leader with an iron hand control to make it deliver the desired results.
 
Rgds 
 
Major Ramesh Agnani(Retd)
Consultant(Telecom and Networking)
Telnet Consultants Pvt. Ltd.,
Tele : 011 - 25770693, Mob : 98111 18546
From: Ashok Bhanot <bhanotashok@hotmail.com>
To: humjanenge@googlegroups.com
Sent: Wednesday, 28 September 2011, 16:59
Subject: RE: [HumJanenge] Democracy – Why Can't We Have Obama, Modi & Modi Everywhere

I think either you are biased or dont know about Gujrat. This state has always been a properous and advanced state infrastructure wise.
In Feb 1971 after plane was hijacked by pakistan I moved the Army convoy from Pune to Jodhpur. While Rajsthan and just Class 9 road (single lane) Gujrat had 8 Lanes cemented roads which are still not available in most parts of the country even today.
Which common man from Gujrat have you met.
Let us be realistic and logical
 
Subject: Re: [HumJanenge] Democracy – Why Can't We Have Obama, Modi & Modi Everywhere
To: humjanenge@googlegroups.com; progressindia008@yahoo.com
From: mkkhera@yahoo.com
Date: Tue, 27 Sep 2011 06:17:53 +0000

Gujarat today has system of doing cataract operation of animals too. You can imagine that all human beings are already covered for this kind of a need. Ask common man in Gujarat, he says ab yahan aman aur chain hai, forget the dog like fight between Cong and BJP. Gujarat is thriving on e gov. If we have a strong and powerful PM, India would be under e gov and 95 % graft is eradicated. Yes, we need a political party with inner and outer democracy but never a weak leader as we have today. your mention of Hitler or Nazism are both misleading. If a common person irrespective of caste, creed or religion is happy, that strong and powerful leader deserves to be the PM. Nation needs very strong, fool proof and 24/7 unfailing national e gov which gives jitters to all potential economic offenders day in and day out and sends signals to their mind that if they even think of taking any graft the e gov method can get them punished so badly that their gen next also would advise them not to do it. If u do it then u r alone in this. Gujarat is on its way to be that state by 2020. Warm regards,
Sent from BlackBerry® on Airtel
From: Ravinder Singh <corruptionfree04@gmail.com>
Date: Tue, 27 Sep 2011 01:25:36 +0200
To: Ravinder Singh<progressindia008@yahoo.com>
Subject: [HumJanenge] Democracy – Why Can't We Have Obama , Modi & Modi Everywhere

Democracy – Why Can't We Have Obama, Modi & Modi Everywhere
 
Col. I, Jayakaran,
 
I observed 2009 US Presidential Elections wanted to find out why couldn't India prop up an Obama and why do we see Modi & Modi everywhere analyzed Constitution & Conduct of Indian Political Parties and came up with Democratic Party of India constitution inspired and improved to work for India.
 
Our Political Parties function like India Private Companies that do not value merit; do not accept views of juniors in cadre and families who own more shares run the company or appoint person of their choice to work. It is difficult for outsiders to join any party and given due place based on merit.
 
There is no inner & outer democracy in India like we see in US Elections – Obama battled through inner party democratic process in every state and won inner party polls before finally nominated to represent Democratic Party – people knew his policies and programs in detail.
 
We see Modi, Modi, Modi everywhere in Gujarat because there is no inner party democracy in ruling party and no body is allowed to speak against Modi just like Nazi Germany.
 
Just like monsoon come suddenly there are rains, frogs comes out of soil, make noises and mate then disappear in about 100 days, Elections process in India is similar Elections are announced suddenly, Candidates crop up from nowhere who make wild noises and false promises and votes are cast and everything is wound up in 100 days then Candidates disappear for five years. One in ten Candidates is a winner and becomes inaccessible to majority of the people, he is not required to be intelligent to make decisions that are taken by Central Leadership and is free to make money by legal or illegal means or indulge in criminal activities including bootlegging, extortions, rape, murder and prostitution etc.
 
Design of Democratic Party
 
We need Democratic Party that is accessible to every citizen of India 24x365 basis – anyone may join or leave the party, make useful contribution from inside or outside the party and office bearers are elected on merits alone.
 
We have to provide an alternative.
 
Ravinder Singh
Inventor & Engineer
September27, 2011



Re: [HumJanenge] Fwd: Third party right under RTI Act upheld

Dear Friends

Thsi is a very important decsion on 3rd party rights and clearly establishes

1) That Arvind Kejriwal is still up to his little (or not so little) spying business on ACRs etc for his foreign paymasters.

2) That Arvind Kerjriwal LOST comprehensively on 3rd party rights. This is a great LOSS for all those silly little RTI activists (incl. Magsaysay awardees) whose heads are filled with nonsense

3) That the view(s) of this group (as constantly expressed by the moderators) on 3rd party rights u/s 8 and 11 were upheld as CORRECT.

4) That the NGO haramis are back to their old media tricks of putting a positive "spin" on their great LOSS to fool their brainless activist flock (who never read the actual judgments).

Thanks for this one SID <smile>

Sarbajit




On Sat, Oct 1, 2011 at 7:01 AM, Sidharth Misra <sidharthbbsr@gmail.com> wrote:
Friends,

Here's an important decision of DHC.

Arvind Kejriwal's challenge fails to convince Delhi High Court on
third party rights.

http://goo.gl/84JHg   (Judgment)

http://goo.gl/NA54n   (News Clip)

Sidharth Misra

Re: [HumJanenge]

Yes, I will be dong just That, thanks for the section 200 of IPC
L.Almeida

From: Dwarakanath <dwarakanathdm@gmail.com>
To: humjanenge@googlegroups.com
Sent: Saturday, October 1, 2011 8:05 AM
Subject: Re: [HumJanenge]

----- Forwarded Message -----

Boxbe Block reason: This message is above your Auto Block threshold | Approve sender | Approve domain
friend, Under sec 200 criminal proceedure code, there is a provision that. if th olice do not register a case on a xcomplaint and investigate, a citizen can directly submit his complaint to the jurisdictional Magistrate, stating details of the crime committed on him and the Magistrate would order a case to be registered,  The police will be compelled to take action.  However the end result depends on the investigation. Regards, dwarakanthdm

On Thu, Sep 29, 2011 at 9:31 AM, LESLIE ALMEIDA <lesals2000@yahoo.com> wrote:
Dear Friends,
As many may know that i was brutally stabbed on.23.01.2011, Thanks to 5 Doctors of Holy Family Hospital and by the Grace of God, I recovered, On coming back to my senses after about 2 month , I found that there were 2 abettors to the crime, I have also necessary Documents, Photographs, I Put complain at Bandra Police station with documentary evidence, and after 2 months followed by RTI query as to progress report on my complain. and file notings as to why Abettors not arrested. No investigation done on my complain, no response to my 4 RTI applications, 60 days have passed. Filed 1st appeal within the time frame. 30 days have passed still no hearing date given to me by 1st appellate authority reason given there is a backlog and i will be given a hearing,
 
On 6 th August 2011 There was an interactive session at Carmel convent school hall, Speak up, speak out, meet your Police, I showed my complains, RTI applications to Senior inspector Shri Samad Sheikh and asked him for an explanation, he said he knows my case and will call me , from 6th Aug 2011 he has not called me,
Phoned him he said to meet PSI Kulkarni, phoned PSI Kulkarni he told me to come at 11 am when i went there No Kulkarni or Samad Sheikh, numerious trips to meet Senior Police Samad Sheikh proved futile as everytime i went there they said he is on nakabhandi,or out on some outdoor work, fed up i send a Courier letter to PSI Samad Sheikh,asking him to give me an appointment just 15 to 20 minutes of his time, No response,
As reported by press, TV news, Who will Police the Police? Killers in Khaki, Political interference in working of the Police. survey poll shows 85 pcnt of citizens dont trust the Police, Police reforms are still in the making, have no option left but to take up matter at Magistrate court as per an article put up by Prof Leo Rebello some years back which i had saved..many tell me to look after my health rather then running after theses Dogs. But I am in No way to give up or sit tight as I need Justice.
If anyone has a better concrete advise/option Kindly advise
now Bandra Police station do not entertain complains in writing. so i put my complains to higher authorities.
If anyone has a better concrete advise/option Kindly advise
Kind rgds
Leslie Almeida
 



[HumJanenge] Fwd: Third party right under RTI Act upheld

Friends,

Here's an important decision of DHC.

Arvind Kejriwal's challenge fails to convince Delhi High Court on
third party rights.

http://goo.gl/84JHg   (Judgment)

http://goo.gl/NA54n   (News Clip)

Sidharth Misra

Re: [HumJanenge] RTI reply - a new trend

Friend,  Section 6(2) of the RTI ACt is herewith reproduced:

(2)

 "

An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.".

Section 3 of the Act is only a directive to the concerned authorities how and in what form etc., to prepare and keep the information of their day to day activities and does not enable them to  ask any question whatsoever.  It only emphasises the duty of the State towrds the Citizens.   Neither the object of this Law nor the provisions of this section/sub-section authorises the State, to verify who is the applicant.   If the authorities suspect the bonafides or the information sought is of such serious nature, they have every possibility of verifying the citizenship of the applicant through the Police/CCB , CBI, Defence or other agencies who are exclusively meant for it, if the information asked for is protected or prohibited under the RTI Act.   30 days time limit provided for the authorities to give you the information.  If u do not get the information in 30 days, you hae the right to complaint to the Informatin Commissioner deeming that this authority has refused to give u the information and request to pemalise them according to the RTI Act.  However, if the Oil company needs to verify your citizenship, they can separately take it up through authorised agencies without asking you for any proof.  regards,   dwarakanthdm


 
On Tue, Sep 20, 2011 at 3:06 PM, Mathre Rangarajan <rangajan@yahoo.com> wrote:
M. Rangarajan,
(retired Group General Manager ONGC)
B 2 – 301, SRIRAM SPANDHANA,
Chellaghatta village,
Bangalore – 560037.
Phone: 25227955, mobile 9945091581
Dated 20th September 2011
 
Dear friends / RTI activists,
 
I asked for some information from M/s Chennai Petroleum Corporation Ltd, a Government of India Undertaking under Ministry of Petroleum under RTI Act. I am enclosing copy of letter for information of all.
 
The gist of letter is as followes:
 
I quote:
 
In compliance with Sec 3 of Right to Information Act 2005, we request you to kindly send us the proof for citizenship like a copy of Election Identity Card, or a copy of tje Passport issued by Govt. of India or any document duly attested by a Notory Public / Executive magistrate to eable us to procede further.
 
Unquote.
 
I have sought information from many Cental Government Department, State Government Departments, and Public Sector Undertaking etc and so for none .have asked for proof of my Citizenship. This appear to be uncalled for and illigal new trend.
 
I would very much appreciate some advise - how should I procede further. 
 
warm regards / rangarajan

Re: [HumJanenge]

our corrupt & inhuman politicians have emboldened our police who is brutal and sadistic in nature. You should write to the Women Commission and file writ petition in HC for immediate action.

Surinder Pal, Advocate,
Ludhiana  


From: LESLIE ALMEIDA <lesals2000@yahoo.com>
To: "Hamarasociety@yahoogroups.com" <Hamarasociety@yahoogroups.com>
Sent: Thursday, 29 September 2011 9:31 AM
Subject: [HumJanenge]

Dear Friends,
As many may know that i was brutally stabbed on.23.01.2011, Thanks to 5 Doctors of Holy Family Hospital and by the Grace of God, I recovered, On coming back to my senses after about 2 month , I found that there were 2 abettors to the crime, I have also necessary Documents, Photographs, I Put complain at Bandra Police station with documentary evidence, and after 2 months followed by RTI query as to progress report on my complain. and file notings as to why Abettors not arrested. No investigation done on my complain, no response to my 4 RTI applications, 60 days have passed. Filed 1st appeal within the time frame. 30 days have passed still no hearing date given to me by 1st appellate authority reason given there is a backlog and i will be given a hearing,
 
On 6 th August 2011 There was an interactive session at Carmel convent school hall, Speak up, speak out, meet your Police, I showed my complains, RTI applications to Senior inspector Shri Samad Sheikh and asked him for an explanation, he said he knows my case and will call me , from 6th Aug 2011 he has not called me,
Phoned him he said to meet PSI Kulkarni, phoned PSI Kulkarni he told me to come at 11 am when i went there No Kulkarni or Samad Sheikh, numerious trips to meet Senior Police Samad Sheikh proved futile as everytime i went there they said he is on nakabhandi,or out on some outdoor work, fed up i send a Courier letter to PSI Samad Sheikh,asking him to give me an appointment just 15 to 20 minutes of his time, No response,
As reported by press, TV news, Who will Police the Police? Killers in Khaki, Political interference in working of the Police. survey poll shows 85 pcnt of citizens dont trust the Police, Police reforms are still in the making, have no option left but to take up matter at Magistrate court as per an article put up by Prof Leo Rebello some years back which i had saved..many tell me to look after my health rather then running after theses Dogs. But I am in No way to give up or sit tight as I need Justice.
If anyone has a better concrete advise/option Kindly advise
now Bandra Police station do not entertain complains in writing. so i put my complains to higher authorities.
If anyone has a better concrete advise/option Kindly advise
Kind rgds
Leslie Almeida
 


Re: [HumJanenge] Democracy – Why Can’t We Have Obama, Modi & Modi Everywhere

Mr.Singh seems to have a beam in his eye, since he is unable to see
the kind of havoc played by Congress all these years. Thoroughly
corrupt people had seized the State so that JP's Sampoorn Kranti had
to come to the public's rescue. Mr.Singh does not remember how the
people there had taken out a donkey with Gandhi cap on and named it
Chimanbhai Patel; so disgusted were the people with Congress.
Mr.Singh's prejudice refuses to see the revolutionary change that has
been brought about by NaMo in the prosperity of Gujarat. If in the
process some people perceive as Nazism in the hard decisions, it only
poorly reflects on their mindset. He refuses to see the kind of family
monopoly of Nehru-Gandhi family over the party and the country.
BK Verma

On 9/29/11, Ramesh Agnani <agnanir@yahoo.com> wrote:
> I don't agree with the mail by Ashok. Since I was involved in the roll out
> of e com in Gujarat which started in 2000- 2001 during Patel's CM ship and
> not after Modi took over as is the general belief. How ever it was completed
> and implemented with more entusiasm and vigour after Modi took over. Gujrat
> was prosperous since earlier days but only some pockets where Patels ruled
> the roost. How ever after very effective ecom and effective administrative
> controls by Modi the state today is one opf the most prosperous and caste
> divide free estate, except for some pockets. So I feel that ecom is a very
> effective tool but at the end of the day it is the implementation and proper
> monitoring with iron hand administartive control that it would become
> effective. And hence not only implementation of egov across country, I agree
> with MK it also requires political will power and a very effective leader
> with an iron hand control to make it deliver the desired
> results.
>
> Rgds
>
> Major Ramesh Agnani(Retd)
> Consultant(Telecom and Networking)
> Telnet Consultants Pvt. Ltd.,
> Tele : 011 - 25770693, Mob : 98111 18546
>
>
> ________________________________
> From: Ashok Bhanot <bhanotashok@hotmail.com>
> To: humjanenge@googlegroups.com
> Sent: Wednesday, 28 September 2011, 16:59
> Subject: RE: [HumJanenge] Democracy – Why Can't We Have Obama, Modi & Modi
> Everywhere
>
>
> I think either you are biased or dont know about Gujrat. This state has
> always been a properous and advanced state infrastructure wise.
> In Feb 1971 after plane was hijacked by pakistan I moved the Army convoy
> from Pune to Jodhpur. While Rajsthan and just Class 9 road (single lane)
> Gujrat had 8 Lanes cemented roads which are still not available in most
> parts of the country even today.
> Which common man from Gujrat have you met.
> Let us be realistic and logical
>
>
>
> ________________________________
> Subject: Re: [HumJanenge] Democracy – Why Can't We Have Obama, Modi & Modi
> Everywhere
> To: humjanenge@googlegroups.com; progressindia008@yahoo.com
> From: mkkhera@yahoo.com
> Date: Tue, 27 Sep 2011 06:17:53 +0000
>
> Gujarat today has system of doing cataract operation of animals too. You can
> imagine that all human beings are already covered for this kind of a need.
> Ask common man in Gujarat, he says ab yahan aman aur chain hai, forget the
> dog like fight between Cong and BJP. Gujarat is thriving on e gov. If we
> have a strong and powerful PM, India would be under e gov and 95 % graft is
> eradicated. Yes, we need a political party with inner and outer democracy
> but never a weak leader as we have today. your mention of Hitler or Nazism
> are both misleading. If a common person irrespective of caste, creed or
> religion is happy, that strong and powerful leader deserves to be the PM.
> Nation needs very strong, fool proof and 24/7 unfailing national e gov which
> gives jitters to all potential economic offenders day in and day out and
> sends signals to their mind that if they even think of taking any graft the
> e gov method can get them punished so badly that their gen next also
> would advise them not to do it. If u do it then u r alone in this. Gujarat
> is on its way to be that state by 2020. Warm regards,
> Sent from BlackBerry® on Airtel
>
> ________________________________
>
> From: Ravinder Singh <corruptionfree04@gmail.com>
> Sender: humjanenge@googlegroups.com
> Date: Tue, 27 Sep 2011 01:25:36 +0200
> To: Ravinder Singh<progressindia008@yahoo.com>
> ReplyTo: humjanenge@googlegroups.com
> Subject: [HumJanenge] Democracy – Why Can't We Have Obama , Modi & Modi
> Everywhere
>
> Democracy – Why Can't We Have Obama, Modi & Modi Everywhere
>
> Col.I, Jayakaran,
>
> I observed 2009 US Presidential Elections wanted to find out why couldn't
> India prop up an Obama and why do we see Modi & Modi everywhere analyzed
> Constitution & Conduct of Indian Political Parties and came up with
> Democratic Party of India constitution inspired and improved to work for
> India.
>
> Our Political Parties function like India Private Companies that do not
> value merit; do not accept views of juniors in cadre and families who own
> more shares run the company or appoint person of their choice to work. It is
> difficult for outsiders to join any party and given due place based on
> merit.
>
> There is no inner & outer democracy in India like we see in US Elections –
> Obama battled through inner party democratic process in every state and won
> inner party polls before finally nominated to represent Democratic Party –
> people knew his policies and programs in detail.
>
> We see Modi, Modi, Modi everywhere in Gujarat because there is no inner
> party democracy in ruling party and no body is allowed to speak against Modi
> just like Nazi Germany.
>
> Just like monsoon come suddenly there are rains, frogs comes out of soil,
> make noises and mate then disappear in about 100 days, Elections process in
> India is similar Elections are announced suddenly, Candidates crop up from
> nowhere who make wild noises and false promises and votes are cast and
> everything is wound up in 100 days then Candidates disappear for five years.
> One in ten Candidates is a winner and becomes inaccessible to majority of
> the people, he is not required to be intelligent to make decisions that are
> taken by Central Leadership and is free to make money by legal or illegal
> means or indulge in criminal activities including bootlegging, extortions,
> rape, murder and prostitution etc.
>
> Design of Democratic Party
>
> We need Democratic Party that is accessible to every citizen of India 24x365
> basis – anyone may join or leave the party, make useful contribution from
> inside or outside the party and office bearers are elected on merits alone.
>
> We have to provide an alternative.
>
> Ravinder Singh
> Inventor & Engineer
> September27, 2011

Thursday, September 29, 2011

[rti_india] Role of civil societies in making of legislations

 

Role of civil societies in making of legislations
[Symposium on 'Role of civil societies in making of legislations' held on 28 Sept 2011 at 4.30 PM in Bar Association Hall, Odisha High Court, Cuttack convened by Lawyers' Academy to mark 11th Capacity Building Workshop
President – Sri Biswa Mohan Patnaik, Sr. Advocate and President of Odisha High Court Bar Association
Chief Guest and Synthesizer- Justice Sri R.K.Patra, Chairperson State Human Rights Commission, Odisha 
Welcome Address by Sri Santosh Kumar Nanda, Advocate
Introduction of the dignitaries on the dais by Mr. Gurudatta Kar, Advocate
Mr.Nigamanand Das, Advocate introduced Lawyers' Academy and topic of the Symposium
Speakers –Prof Dr. Pradip Kumar Sarkar, Mr.Ram Chandra Ray Advocate, Mr. Basudev Pujari Advocate, Mr.Chitta Ranjan Behera Advocate and Socio-legal Activist]

Talk by Chitta Behera
Mr. Chitta Behera's turn came following the talk delivered by Prof. P.K. Sarkar, and was followed by Justice Sri R.K.Patra who addressed the house as its Chief Guest and Synthesizer. Deviating from the pattern of speaking in English followed by other speakers, Mr.Behera spoke in Oriya, using English only where he felt necessary to use excerpts and quotes from other sources to elucidate his contention. He spoke as follows-

As of today, the question as to whether the civil society has any role in making of the laws, the topic of the evening is only a scholastic one, worth being taken up for the purpose of debates in schools and colleges, where the participating students are more concerned with the academic aspects, rather than practical implications of the given topic. Why I say so? Because, the strident march of events in last six months (April to September 2011) has culminated in conclusively establishing one very simple but profound lesson of history i.e. the civil society or for that matter the members of public are not an ordinary player, but a pioneer in the matter of giving articulation to what kind of legislation the nation requires on the pressing issues of the day. Everyone of this house knows that the Central Government, of course bowing before the Anna-led nation-wide agitation for Jan Lokpal Bill, agreed to constitute an 11-member Joint Drafting Panel on Lokpal Bill taking 5 persons from Team Anna representing the civil society side as its members and brought out a notification to that effect on 8th April 2011. Then we also noticed that not only the Central Government, but also the entire Parliament, yielding to the overwhelming impact of Anna's 2nd fast from 16 to 28 August last declared to treat Jan Lokpal Bill version 2.3 as a crucial document for deliberations by the members of Joint Parliamentary Committee and by Parliamentarians at large. After this let's not dispute as to whether the civil society has any role to play in making of laws or not. The proposition that the civil society has a pre-eminent role to play in the making of any law that concerns the life of common people is no longer a moral or intellectual precept, but a well acknowledged stark reality of our national life. In this sense, the topic of today's evening is dated and devoid of relevance.

Given the above backdrop, the question that deserves to be debated by this august gathering of legal practitioners and pundits, is the very rationale of Anna phenomenon. To put the question more pointedly, why a person from civil society like Anna Hazare had to tell all of us that the entire corpus of anti-corruption legal-administrative dispensation that is in place across the country as of now is filled with a plethora of loopholes and deserves to be reformed and replaced by a new, fool-proof one? As most of you know, Sri Hazare whose formal education is less than matriculation won't fit into this platform, because unlike you he doesn't know the nitty-gritty of any law nor can he speak in English. How is it that a huge spectrum of people including cross sections from among the political leaders, Government personnel and legal fraternity could feel the resonance in Anna's deadly critical discourse on the faulty system of governance that is in place today? It is simply because, every pillar of our State edifice, be it legislature, executive or judiciary has not only failed to curb corruption, but also directly or indirectly entrained and sheltered it. The common people, squarely fed up as they were with large scale corruption in every sphere of public life, could readily release their deep-seated anguish against graft and mal-governance by way of identifying and solidarising with Anna's Jan Lokpal Bill as the one window beacon for a corruption free India.

But the question arises, is there no Constitutional scheme in place in respect of making or remaking of laws, especially as and when necessary to curb corruption? As you know, an overall Scheme for the purpose is very much laid out there in the Constitution.  Needless to say, it is the Parliament and State legislatures which are supposed to make laws in respect of every matter. The administration or bureaucracy is entrusted with making of sub-ordinate legislation in the shape of Rules and Regulations. The laws including sub-ordinate legislations are implemented by the administration. The Ministers who are members of the legislature head different departments and thus serve as leaders of the executive. It is now the Judiciary which is entrusted with the power to review as to whether the laws so made were proper and effective in respect of their construction and whether the implementation of the laws so made was undertaken properly as per their letter and spirit. Thus, it is the judiciary which has been endowed by the Constitution with the supreme power to set aright the faulty construction or faulty implementation of any law.

Article 141 of the Constitution says, "Law declared by Supreme Court to be binding upon all Courts- The law declared by the Supreme Court shall be binding on all Courts within the territory of India." It means that the law declared by Supreme Court is the law of the land. It is a precedent for itself and for all Courts /tribunals and authorities in India [Rupa Ashok Hurra v Ashok Hurra (2002) 4 SCC]. Article 32 of the Constitution confers unfettered powers upon the Supreme Court to issue direction to any public authority so as to remedy infringement of any fundamental right guaranteed to every citizen of India. Similar writ powers have been entrusted to High Courts under Article 226 to redress such cases of infringement within their respective jurisdictions. Thus the higher judiciary is in a position to review any law and suggest amendment to any law. But the moot point arises whether the Supreme Court and High courts have exercised such powers entrusted to them in respect of plugging the loopholes in the anti-corruption laws of the country. Has the Supreme Court or any High Court, for instance, suggested removal of Section 19 from Prevention of Corruption Act 1988, which requires the previous sanction of the concerned competent authority before investigating or prosecuting any public servant against whom the allegation of corruption has been lodged? In fact, as you might know, Section 19 of PC Act is the crux of the debate between Government and Anna Team, with the former insisting on its retention and the latter its removal. As a matter of fact, Section 19 of PC Act is the villain of the piece owing to which such investigating agencies as CBI at Centre or State Vigilance Wings are not able to arrest, enquire into and prosecute the public servants including the Ministers and bureaucrats, who are in the good book of the ruling party or coalition of parties. So long Section 19 is retained in the PC Act, there is absolutely no hope that CBI or for that matter State Vigilance would ever act as independent and autonomous bodies in the matter of deterrence to corruption. If Supreme Court or any High Court would have reviewed the PC Act and issued a direction for removing its biggest loophole i.e. Section 19, there won't have appeared an Anna Hazare to voice such concern.  
It is not a fact at all that the judges of Supreme Court or High Courts are not aware about their powers in respect of review and amendment to laws in general and to laws related to corruption in particular. They are in fact very much aware about the sweeping powers entrusted to them. As you know, the apex Court formulated certain Guidelines on Sexual Harassment at Workplace [Vishaka and others V. State of Rajasthan and others (AIR 1997 SUPREME COURT 3011)], which are till date treated as having the force of law across the whole country. Similarly, Supreme Court had formulated elaborate guidelines on Adoption of Children while disposing of the case L.K.Pandey vs Union of India (WP No 1171 of 1982), which are still adhered to by all concerned agencies and parties involved in the process of in-country or inter-country child adoption. Such guidelines also informed the text of Juvenile Justice Act 1986, 2006 and amendment of 2006. It shows that if the Supreme Court or a High Court would ever wish, they could have directed the suitable amendment of anti-corruption laws. 
Rather, it has been found that some High Courts abusing the writ powers entrusted to them by the Constitution have issued such arbitrary directions as have caused substantial detriment to the public interest. For instance, in July 2008 Orissa High Court hearing the plea of Society of Retired Forest Officers Association issued a stay order on the implementation of Forest Rights Act 2006, which was vacated in August 2009. Due to this reason, Orissa lagged behind other States in respect of implementation of FRA 2006, which is a progressive Central law, enacted with a view to issuing of Patta over forest land to STs and other traditional forest dwellers. The retrograde stay clamped by Orissa High Court was a mark of arbitrary exercise of plenary power bestowed on it under Article 226 of the Constitution. The question arises, is there any mechanism to hold any judge of a superior court accountable for his mindless judgments or directions? The answer is an emphatic no. As a matter of fact, the Constitution has unequivocally granted the independence of judiciary, which is a sacrosanct principle under any democracy and it was expected that the judiciary itself shall evolve elaborate norms of transparency and accountability in respect of its own conduct. But during last so many decades, it has conspicuously failed to devise the same despite recommendation issued to that effect by several illustrious bodies including National Commission to Review the Working of the Constitution chaired by Justice M.N.Venkatachaliah.   
On the contrary the higher judiciary was found to be involved in exercising the power to punish somebody for contempt of itself as permissible under Articles 129 and 142 of the Constitution with much gusto. Everybody knows the case of E. M. Sankaran Namboodiripad vs T. Narayanan Nambiar 1970 AIR 2015, 1971 SCR (1) 697 in which the apex court upheld the Kerala High Court's verdict against EMS Namboodiripad for his liability for contempt of court. Then again, the apex Court applying its original jurisdiction held on 6th March 2002 the noted writer Mrs. Arundhati Roy [SUO MOTU CONTEMPT PETITION (CRL) NO. 10 OF 2001] guilty of contempt of court for her critical writings and utterances on the role of Supreme Court in the context of Narmada Bachao Andolan. Applying the criteria underlined by Justice Markandeya Katzu for any superior court to exercise their original power to punish for contempt of itself, the above two instances would appear to be unwelcome aberrations committed by Superior Court. According to Justice Katzu, the contempt power of the court is like a Brahmastra, which can only be applied once and that too in an extreme situation, that is, when somebody or a group, by their acts of violence or vandalism make the functioning of court impossible. Otherwise, the court should look upon every piece of criticism however harsh or pinching against a judge or even an entire court as an exercise by the concerned individual of his or her fundamental right to freedom of expression as guaranteed under Article 19(1) of the Constitution.    
It is in this context that we would do well to attend to what Justice Katzu says on the attitude of Judges towards the public whom he considers as their true masters. In an article 'Contempt of Court : Need for a Fresh Look' the then Judge of Supreme Court wrote inter alia the following -   "The basic principle in a democracy is that the people are supreme. It follows that all authorities, whether Judges, Legislators, Ministers, Bureaucrats, etc. are servants of the people. Thus, the preamble to the Constitution of India states: 'We, The People of India, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC …. IN OUR CONSTITUENT ASSEMBLY this twenty-sixty day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUION'. These words emphasize the republican and democratic character of our Constitution, and show that all power ultimately stems from the People. Once this concept of popular sovereignty is kept firmly in mind it becomes obvious that the people of India are the masters and all authorities in India (including the Courts) are their servants. Surely the master has the right to criticize the servant if the servant does not act or behave properly. . . . The Constitution has no doubt been created by the people. But this instrument has itself created the Courts."
 
This long quotation from Justice Katzu also throws light on the topic of the day. If the three organs of our State edifice, legislature, executive and judiciary have failed to discharge their obligations to provide good governance for the country during so many decades post independence, civil society persons like Mr.Anna Hazare representing the vast multitude of this nation and our true masters have an indisputable right to take any of the authorities to task, because the latter being the tax-payers are ultimately our task masters. And all the authorities including the judiciary have a bounden obligation to listen to them with respect and patience and carry out faithfully whatsoever is just and legitimate in their demands.  
 (Transcript by the speaker himself Mr.Chitta Behera, 4A Jubilee Tower, Choudhury Bazar, Cuttack-9, Mobile 9437577546)

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Re: [HumJanenge] Fw: Fwd: [New post] SALE OF CARS TO ALL RANKS THROUGH CSD

Hi Daljit, Just checking if you are ex YPS and/ or 33 NDA .....

Regards,
Rajendra Dhillon (ex YPS & 33 NDA)

On Wed, Sep 28, 2011 at 11:05 AM, Daljit Dhillon <bdicky07@yahoo.co.in> wrote:

 
With best regards,
 
Brig. D.S. Dhillon
Resident Director,
RAP MEDIA LTD.
Chandigarh.
(M) 9876707449
 

 
\

New post on DESA Blog

SALE OF CARS TO ALL RANKS THROUGH CSD

by desanavy
The Decision to stop the sale to all ranks upto 31 Aug 11 was taken by QMG Branch due to inadequate budget allocation to CSD for FY 2011-12. The situation is yet to improve and allocated budget is only sufficient to cater for purchase of Grocery and Liquor. CSD has taken up a case with MoD for allocation of additional funds and outcome is awaited. Thus, status quo on this subject will be maintained. Special sanction will be given by QMG on case to case basis.
desanavy | September 27, 2011 at 7:05 am | Categories: Canteen | URL: http://wp.me/p1i5PZ-7Z
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Re: [HumJanenge]

friend, Under sec 200 criminal proceedure code, there is a provision that. if th olice do not register a case on a xcomplaint and investigate, a citizen can directly submit his complaint to the jurisdictional Magistrate, stating details of the crime committed on him and the Magistrate would order a case to be registered,  The police will be compelled to take action.  However the end result depends on the investigation. Regards, dwarakanthdm

On Thu, Sep 29, 2011 at 9:31 AM, LESLIE ALMEIDA <lesals2000@yahoo.com> wrote:
Dear Friends,
As many may know that i was brutally stabbed on.23.01.2011, Thanks to 5 Doctors of Holy Family Hospital and by the Grace of God, I recovered, On coming back to my senses after about 2 month , I found that there were 2 abettors to the crime, I have also necessary Documents, Photographs, I Put complain at Bandra Police station with documentary evidence, and after 2 months followed by RTI query as to progress report on my complain. and file notings as to why Abettors not arrested. No investigation done on my complain, no response to my 4 RTI applications, 60 days have passed. Filed 1st appeal within the time frame. 30 days have passed still no hearing date given to me by 1st appellate authority reason given there is a backlog and i will be given a hearing,
 
On 6 th August 2011 There was an interactive session at Carmel convent school hall, Speak up, speak out, meet your Police, I showed my complains, RTI applications to Senior inspector Shri Samad Sheikh and asked him for an explanation, he said he knows my case and will call me , from 6th Aug 2011 he has not called me,
Phoned him he said to meet PSI Kulkarni, phoned PSI Kulkarni he told me to come at 11 am when i went there No Kulkarni or Samad Sheikh, numerious trips to meet Senior Police Samad Sheikh proved futile as everytime i went there they said he is on nakabhandi,or out on some outdoor work, fed up i send a Courier letter to PSI Samad Sheikh,asking him to give me an appointment just 15 to 20 minutes of his time, No response,
As reported by press, TV news, Who will Police the Police? Killers in Khaki, Political interference in working of the Police. survey poll shows 85 pcnt of citizens dont trust the Police, Police reforms are still in the making, have no option left but to take up matter at Magistrate court as per an article put up by Prof Leo Rebello some years back which i had saved..many tell me to look after my health rather then running after theses Dogs. But I am in No way to give up or sit tight as I need Justice.
If anyone has a better concrete advise/option Kindly advise
now Bandra Police station do not entertain complains in writing. so i put my complains to higher authorities.
If anyone has a better concrete advise/option Kindly advise
Kind rgds
Leslie Almeida
 

[rti_india] lost resort

 

Dear Leslie, 
I am sorry to hear all these things.  We strongly support you in your efforts.  
Bring all things to the Court. Since we hope the court is the lost resort. and finally take care. 

With warm regards,
James Rajasekaran.E



From: LESLIE ALMEIDA <lesals2000@yahoo.com>
To: "Hamarasociety@yahoogroups.com" <Hamarasociety@yahoogroups.com>
Sent: Thursday, September 29, 2011 9:31 AM
Subject: [rti_india] (unknown)

 
Dear Friends,
As many may know that i was brutally stabbed on.23.01.2011, Thanks to 5 Doctors of Holy Family Hospital and by the Grace of God, I recovered, On coming back to my senses after about 2 month , I found that there were 2 abettors to the crime, I have also necessary Documents, Photographs, I Put complain at Bandra Police station with documentary evidence, and after 2 months followed by RTI query as to progress report on my complain. and file notings as to why Abettors not arrested. No investigation done on my complain, no response to my 4 RTI applications, 60 days have passed. Filed 1st appeal within the time frame. 30 days have passed still no hearing date given to me by 1st appellate authority reason given there is a backlog and i will be given a hearing,
 
On 6 th August 2011 There was an interactive session at Carmel convent school hall, Speak up, speak out, meet your Police, I showed my complains, RTI applications to Senior inspector Shri Samad Sheikh and asked him for an explanation, he said he knows my case and will call me , from 6th Aug 2011 he has not called me,
Phoned him he said to meet PSI Kulkarni, phoned PSI Kulkarni he told me to come at 11 am when i went there No Kulkarni or Samad Sheikh, numerious trips to meet Senior Police Samad Sheikh proved futile as everytime i went there they said he is on nakabhandi,or out on some outdoor work, fed up i send a Courier letter to PSI Samad Sheikh,asking him to give me an appointment just 15 to 20 minutes of his time, No response,
As reported by press, TV news, Who will Police the Police? Killers in Khaki, Political interference in working of the Police. survey poll shows 85 pcnt of citizens dont trust the Police, Police reforms are still in the making, have no option left but to take up matter at Magistrate court as per an article put up by Prof Leo Rebello some years back which i had saved..many tell me to look after my health rather then running after theses Dogs. But I am in No way to give up or sit tight as I need Justice.
If anyone has a better concrete advise/option Kindly advise
now Bandra Police station do not entertain complains in writing. so i put my complains to higher authorities.
If anyone has a better concrete advise/option Kindly advise
Kind rgds
Leslie Almeida
 


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