THROUGH E-MAIL
19 SEPTEMBER 2012
To,
- Central Chief Information Commissioners, New Delhi
- State Chief Information Commissioners of all States of India
RE: DISCLOSE REASONS FOR PROROGUING THE HEARINGS IN THE COMMISSIONS FOR UNCERTAIN PERIOD AT THE COST OF 'TIME AND MONEY' OF THE COMPLAINANTS / APPELLANTS / RESPONDENTS AND THE TAX-PAYERS.
Dear Sir,
Consequent to the Supreme Court ruling that two member benches,- in which one member has to be with a judicial background,- in WP(C) 210 of 2012, most Information Commissions have stopped their functioning.
Because the Supreme Court has said that the directions have to be implemented 'henceforth', the Information Commissions pan India has stopped proceeding with the appeal/complaint cases, except, the Central Commission, Andhra Pradesh, Tamilnadu and the Odisha Commissions who have continued their functioning with single member benches, as usual.
This is an erroneous understanding of the Supreme Court judgement dated 13 September 2012. The Court has laid down a process of consultation for appointing the Commissioners with a judicial background, and also stipulated a three month period for the process of selection.
In view of this, it would not less than four months before members with judicial backgrounds could be appointed (if available). If the Commissions suspend their working for this period, it will not only subvert the Fundamental Right of many citizens, it also prejudicial to the rights, time and cost of the poor appellants/complainants/respondents to come from the far flung areas of the sates to appear for the pre-scheduled hearing, as commissions have not officially announced the indefinite prorogation of the courts.
Our so called "Learned" information commissioners have not given a little thought towards the plight of hundreds of appellants and complainants, who make a bee-line in the commission office premises for hearings. They start a day earlier or in the little hours of the day to reach for hearing and have to go disappoint. Not only, they have to incur expenditure and time, they felt harassed and cheated by the people at the helm who are there to provide them justice. On the other hand the respondents will make good their expenses by way of claiming TA/DA from the Public Authority to whom they represent. This is a double whammy for the tax-payers to foot the bill for the non-working commissions as well as to bear the TA/DA cost of the babus for a free ride and day off from the official work. Our scam-ridden country does not see such a pass to come.
This will be a biggest injustice in the temple of justice, The Commissions will be costing the State a few millions each per month without conducting any business and without any delivery of the justice, for which they were constituted under a statue. This cost is being reflected on the poorest children suffering from malnutrition in our Country and the tax-payers have to bear it.
Nowhere Hon'ble Supreme Court has desired that the work at the commissions be stopped till the Judicial Offices is in place and benches have been constituted. Rather the Supreme Court has provided a time frame to put the judicial regime. The Supreme Court could never have intended that the Information Commission's working should be stopped in a manner that Citizen's fundamental rights would be prejudiced, and the starving farmer pay for a waste of his money in this fashion. It is therefore necessary to give a perseverance interpretation to the word 'henceforth', with enabling frame work to continue with the present system till the new system is in place.
The word obviously means that when the judicial directions on appointments are met by the Government, the Commissions would function in the manner prescribed by it. It is the duty of all Public servants to ensure that Citizen's fundamental rights are delivered efficaciously and their money used properly. I believe they interpreted the word 'henceforth' in the judgement correctly.
I impress upon all the Information Commissions to start working to discharge their duty to Citizens. Under what authority of law the commissions have stopped delivering the justice? I also demand the reasons under Section 4(1)(d) of the Right to Information Act 2005 under which the commissions have stopped working. The reasons may please be conveyed to me immediately, as the commissions have already stopped working and they do not have to invent one to tell me. The reasons may please be conveyed to me through email at <bhanot1952@gmail.com>, or by post as may be convenient to the commissions.
Further, it is a matter of great concern that the minutes of meeting I requested earlier through my e-mail dated 17 September 2012, have neither been sent to me nor uploaded to the websites. In the circumstances I am unable to comprehend how the Commission is continuing/discontinuing to hear RTI matters without the legal members in the face of the Hon'ble Supreme Court's judgment. Some State Information Commissions have ceased work after this judgment, so the entire public at large wants to know why / how CIC is still carrying on.
The receipt of this communication may please be acknowledged.
Thanking you,
Very Cordially yours,
Surendera M. Bhanot
Co-ordinator, RTI Activists Federation (RTIFED)
No. 3758, Sector 22-D, Chandigarh-160022
Mob: 919-888-810-811
Mail Me
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