India, Maharashtra, vijay kumbhar, News, Governance, RTI, Transparency, Civic Issues, Real Estate

Monday, December 8, 2025

SBUP Releases India’s First ‘Indian Media Barometer 2025’ to Assess Health of Print, TV and Digital Media

Sri Balaji University Pune (SBUP) on Saturday released the Indian Media Barometer 2025, becoming the first educational institution in the country to undertake a comprehensive health assessment of India’s print, television and social media landscape. The event brought together senior journalists, social activists, armed forces veterans, academics and students for a detailed, data-backed review of the state of Indian media.



Chief Guest Mahesh Zagade, Former Principal Secretary, Government of Maharashtra, described the Barometer as a crucial diagnostic tool to assess the media’s current condition. Warning that journalism’s democratic role has eroded, he said media—once a watchdog—was increasingly functioning as a commercial product. He cautioned that both traditional and digital platforms were drifting toward “manufactured content”, misleading audiences and weakening democratic discourse.


“There is an urgent need to reorient the media if it is to regain its role as the fourth pillar of democracy,” he said, adding that this pillar has been severely weakened.

Vinita Deshmukh, Editor of Corporate Citizen magazine, which co-hosted the event with SBUP’s School of Liberal Arts, said journalism had historically been rooted in public service, but over the past 15 years, commercial interests had overshadowed the reader. While digital and social platforms have democratised information, they have also blurred the lines between fact, opinion and sensationalism, she noted. Deshmukh said the Media Barometer 2025 Conclave—attended by more than 20 senior journalists and communication professionals—was designed to examine these issues in depth.

Dr Preeti Joshi, Principal of SBUP’s School of Liberal Arts and School of Humanities and Social Sciences, said the report would aid both academia and industry.

“This report shows how today’s media is performing. It will not just inform us, it will help us introspect about where we are headed,” she said.


Veteran journalist and editor Anand Agashe, who presented the report, highlighted that shrinking editorial space had become a critical concern. He said the study evaluated media outlets on 57 parameters, using an anonymous rating system to ensure neutrality.

“A thorough health scan of present-day media is necessary to understand where the shoe pinches,” he noted, adding that similar studies across different regions of India would offer a more holistic picture and strengthen media literacy among citizens.

SBUP Vice Chancellor Dr G. K. Shirude underscored the importance of analysing news with both content and context. He said media often operates under various pressures, and the Barometer offers a structured appraisal of India’s media ecosystem.

He added that the study identifies institutional strengths, ethical gaps and commercial pressures that shape news production, offering valuable insights for students, researchers and media professionals.

Following the launch of the report, a panel discussion on “Journalism in the Age of Media Explosion” explored the challenges of shrinking newsroom capacity, rising digital content volumes and changing audience expectations. Panelists included Dr Sameeran Walvekar, senior journalist and filmmaker; Siddharthya Roy, investigative journalist and author; Radhesham Jadhav, Senior Deputy Editor at The Hindu Group; and Triveni Goswami Mathur, media educator, who moderated the discussion.

The programme concluded with a vote of thanks and an informal interaction over high tea. Participants described the Media Barometer initiative as a timely effort to examine the future of journalism and the role media must play in a functioning democracy.


Vijay Kumbhar

RTI Resource Person, RTI Columnist

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Saturday, August 30, 2025

Ethical Concerns and Financial Surge: Nitin Gadkari, CIAN Agro, and India’s Ethanol Policy

India’s ambitious push for ethanol blending under the E20 policy aims to reduce fossil fuel dependence and cut emissions. However, the involvement of Union Minister for Road Transport and Highways Nitin Gadkari, along with his family’s businesses CIAN Agro, led by his son Nikhil Gadkari, and Manas Agro, linked to his brother Sarang Gadkari raises serious ethical questions about conflict of interest and the potential misuse of public office. Adding to these concerns is the meteoric rise in CIAN Agro’s share price, which surged from ₹42 in July 2024 to ₹701 by August 28, 2025 a 520.88% gain in just over a year. This article examines the interplay between policy influence, family business interests, and financial performance, assessing whether the situation reflects legitimate growth or unethical profiteering.

Nitin Gadkari
Nitin Gadkari

The E20 policy, mandating 20% ethanol blending in petrol, is a cornerstone of the National Policy on Biofuels (2018, amended 2022). Championed by Nitin Gadkari, the policy aims to save ₹30,000 crore annually in oil imports, support farmers, and reduce carbon emissions. Gadkari’s ministry has pushed initiatives such as promoting biofuel vehicles and ethanol production from innovative sources like CO₂ and bamboo, aligning with national energy goals. However, the policy’s benefits to ethanol producers, including CIAN Agro and Manas Agro, raise questions about impartiality.

CIAN Agro, under the leadership of Nikhil Gadkari, has capitalized on this policy. In January 2024, it signed an MoU with the Chennai-based Ram Charan Group to produce ethanol from distillery byproducts, positioning itself as a leader in sustainable fuel production. Manas Agro, associated with Sarang Gadkari, also operates in the ethanol sector, reportedly supplying ethanol to government channels—though this claim remains unverified. The alignment of these family-linked businesses with a policy heavily promoted by Nitin Gadkari creates a perception of conflict of interest, where public decisions may favor private gains.

A conflict of interest arises when a public official’s decisions could benefit personal or family interests. Gadkari’s influence over fuel and transport policies, combined with his family’s stakes in ethanol production, fuels skepticism. Indian ministers are bound by the Code of Conduct for Ministers, which requires transparency and recusal from decisions involving personal interests. No evidence suggests Gadkari recused himself from ethanol policy decisions. Moreover, the lack of public disclosures about these companies’ government contracts or subsidies undermines trust.

The E20 policy is a national initiative benefiting multiple stakeholders, not just Gadkari’s family. Companies like BCL Industries and Gokul Agro have also thrived in the ethanol market, and the policy’s environmental and economic goals are undeniable. Yet, the Gadkari family’s deep involvement—Nikhil as CIAN Agro’s Managing Director and Sarang’s ties to both CIAN Agro and Manas Agro—creates an appearance of impropriety. The high promoter shareholding in CIAN Agro (67.67%, with 44.33% pledged) and limited transparency about its financial surge further amplify concerns about favoritism.

CIAN Agro’s stock price soared from ₹42 in July 2024 to ₹398 on August 8, 2025, and to ₹701 by August 28, 2025—a 60% jump in just 20 days and a 520.88% gain over a year. This surge coincides with exceptional financial performance. In Q1 FY26 (June 2025), CIAN Agro reported a net profit of ₹52.21 crore, up 52,110% from ₹0.0979 crore in Q1 FY25, and revenue of ₹510.80 crore, a 2,824% increase from ₹17.47 crore. For FY25, annual profit rose 740% to ₹41.16 crore, and sales grew 502.78% to ₹1,029 crore. These figures reflect CIAN Agro’s expansion into ethanol production and its acquisition of Manas Power Ventures, which turned a 270 MW coal-based power project (Ideal Energy Projects) into its subsidiary.

The E20 policy has created a lucrative market for ethanol, with oil marketing companies mandated to procure it for blending. CIAN Agro’s innovation in producing ethanol from CO₂ has aligned well with this demand, boosting investor confidence. Its trailing twelve-month P/E ratio of 13.30–20.05, compared to a sector P/E of 21.20, suggested the stock was undervalued, attracting buyers. However, the rapid 60% surge in just 20 days, an overbought RSI of 88.5, and the Bombay Stock Exchange’s classification of the stock under ASM Stage 4 all signal speculative trading. High trading volumes (53,000 shares on August 29, 2025, vs. a two-week average of 35,000) and a market cap of ₹2,061.30 crore reflect market exuberance.

A claim that Chaitanya Constructions and Builders, linked to Sarang Gadkari, bought 1,87,16,821 shares at ₹20.50 in May 2025—now valued at ₹701, implying a profit of ₹1,275 crore—raises serious concerns about insider trading or preferential deals. However, this transaction remains unverified and contradicts reported share prices (e.g., ₹549.70 on August 20, 2025), making the allegation speculative.

The situation is ethically troubling. The Gadkari family’s stakes in ethanol production, combined with Nitin Gadkari’s policy influence, create a strong perception of nepotism—even if the E20 policy serves national interests. The lack of transparency about CIAN Agro’s contracts and revenue sources, coupled with its rapid financial and stock market success, fuels suspicion of profiteering. While CIAN Agro’s growth aligns with market opportunities, the absence of clear disclosures and Gadkari’s failure to address conflict-of-interest concerns undermine public trust.

CIAN Agro’s share price surge from ₹42 to ₹701 reflects strong financial performance and ethanol policy tailwinds, but speculative trading and ethical concerns cast a shadow. The Gadkari family’s deep involvement in ethanol production, alongside Nitin Gadkari’s policymaking role, creates a perception of conflict of interest that demands greater transparency. The lack of disclosures and unanswered questions about share purchases and revenue sources necessitate further investigation. For investors, CIAN Agro’s volatility warrants caution; for policymakers, ensuring impartiality and public trust is paramount.

Saturday, June 14, 2025

20 Years of RTI Act: A Legacy of Struggle, Stalled Reforms, and an Urgent Call for Revival

On June 15, 2025, India marks the 20th anniversary of one of its most transformative legislations—The Right to Information (RTI) Act. Enacted in 2005, the RTI Act was a beacon of hope for transparency, accountability, and participatory democracy. It empowered every Indian citizen with a simple yet revolutionary tool: the right to seek information from public authorities. Yet, two decades later, the journey of the RTI Act is as much a story of courage and breakthroughs as it is of betrayal and systemic neglect.



The Early Challenges and the File Noting Controversy

Soon after its enactment, the RTI Act faced its first major challenge. In July 2006, the Union Cabinet attempted to dilute the Act by excluding "file notings"—the comments and decisions made by government officers on official files—from its purview. This move was widely condemned by transparency activists. Veteran journalist late Prakash Kardaley, Anna Hazare, Arvind Kejriwal, and I (Vijay Kumbhar) worked in close coordination to mount resistance. Anna Hazare launched a fast unto death in Alandi on August 9, 2006, and ended it ten days later when the government withdrew the proposed amendment. This episode not only showcased the strength of civil society but also laid the foundation for future collaborations—albeit uneasy—among leading RTI activists.

The 2007 Pune Convention: A Forgotten Milestone

The most significant yet least remembered moment in the RTI movement’s history occurred on May 12–13, 2007, when my organization, Surajya Sangharsh Samiti, organized the first national convention of RTI activists in Pune. The convention brought together 137 activists from 27 states, including prominent figures like Anna Hazare, Arvind Kejriwal, Aruna Roy, Medha Patkar, Nikhil Dey, Manish Sisodia, and Prashant Bhushan.

This was a rare moment of unity in an otherwise fragmented movement. Although all these individuals were stalwarts in their own right, their ideological and strategic differences kept them from working together thereafter. Despite these differences, three detailed resolutions were passed at the convention: one urging the government to adopt crucial reforms, another demanding accountability from the Central and State Information Commissions, and a third focusing on the proactive disclosure provisions under Section 4 of the RTI Act.


Shockingly, 20 years later, none of these resolutions have been implemented.


What the Resolutions Demanded

The resolutions were practical, well-reasoned, and aimed at strengthening the RTI regime:


Eliminate unnecessary procedural barriers like mandatory forms and appeal fees.


Ensure monthly reporting and audits by public authorities.


Penalize officers for non-compliance or harassment of RTI applicants.


Mandate the proactive disclosure of information as per Section 4.


Safeguard RTI users under a comprehensive whistleblower protection law.


Video-record all Information Commission hearings and prohibit conflicts of interest among Commissioners.


Make RTI a part of school and college curriculums to foster civic engagement.


If implemented, these measures would have made the RTI framework more citizen-centric, transparent, and accountable.

Two Decades On: Successes Shadowed by Setbacks

In the last 20 years, RTI has played a vital role in exposing scams, corruption, and inefficiencies in governance. It has empowered citizens, journalists, and whistleblowers. However, the price has been steep: more than 100 RTI activists have lost their lives, and countless others have been harassed, attacked, or silenced.

The government, instead of bolstering the act, has often tried to weaken it. Amendments to dilute the autonomy of Information Commissions, non-compliance with Commission orders, and increasing hostility towards transparency are telling signs of the state’s intent.

RTI implementation remains dismal across several states, with huge backlogs, insufficient staffing in Information Commissions, and a general reluctance by public authorities to disclose information. Section 4, which was envisioned as a proactive tool to reduce the burden of individual applications, is perhaps the most ignored section of the Act.

The Path Forward: A New Strategy for Revival

As India witnesses political shifts and generational changes, this is a pivotal moment to revive and reinvigorate the RTI movement. The original goals of the 2007 convention are still relevant—and urgent. We need:


1. A national RTI strategy uniting activists, legal experts, and citizen groups.

2. A review and implementation plan for the 2007 resolutions.

3. Stronger pressure on governments and political parties to commit to transparency.

4. Public demand for implementation of pending reforms, including whistleblower protection.

5 The government must recognize that transparency is not a threat to governance but its backbone. Citizens must reassert their right to know as a non-negotiable pillar of democracy.


The RTI Act was not a gift from the government—it was won through relentless struggle. Two decades later, its survival and effectiveness depend once again on collective will and persistent advocacy. The torch has passed from the hands of the pioneers of 2007 to a new generation of citizens. Let us hope they will not let the flame die out.

Saturday, March 8, 2025

RTI Inquiry on UPSC’s Handling of Forgery Allegations: A Call for Accountability

The Union Public Service Commission (UPSC) plays a crucial role in selecting candidates for India’s prestigious civil services. However, recent revelations in ‘The UPSC Files: A Saga of Forgery’ expose several cases of misuse of reservation benefits through forged certificates. Such fraudulent activities not only undermine the principles of meritocracy but also raise serious questions about the UPSC’s vigilance in ensuring fairness in its selection process.




To seek accountability, I filed a Right to Information (RTI) application under Section 6 of the RTI Act, 2005, on February 2, 2025, requesting the status of my complaint regarding the alleged misuse of reservation benefits by selected candidates. The response received from the UPSC raises serious concerns about the Commission’s handling of such complaints and its adherence to RTI norms.

Summary of “The UPSC Files: A Saga of Forgery

The document highlights cases of forgery and misuse of reservation certificates (EWS, OBC-NCL, SC/ST, and PwBD) in the UPSC Civil Services Examination. It details how fraudulent candidates have exploited loopholes in the system, gaining undue advantages and depriving genuinely deserving aspirants of their rightful opportunities.

Key points

1. Cases of Forged/Misused Reservation Certificates

   - Lists 22 instances where candidates allegedly misrepresented their eligibility to claim reservation benefits.

   - Includes cases of false disability claims and affluent candidates misusing the EWS quota.

2. Impacts of Such Malpractices

   - Violates constitutional principles, burdens government resources, and erodes public trust.

   - Calls into question UPSC’s impartiality and effectiveness in verifying candidate credentials.

   - Demoralizes hardworking candidates and distorts the level playing field.

   - Causes economic and psychological distress to deserving candidates while fueling societal resentment.

3. Suggestions & Reforms

   - Stricter verification of reservation claims before and after selection.

   - Creation of an independent regulatory authority for fair exam conduct.

   - Revision of EWS criteria to prevent misuse by affluent candidates.

   - Strict penalties for fraudulent claims.

RTI Inquiry and UPSC’s Response

RTI Filed Under Section 6 of the RTI Act

On February 2, 2025, I filed an RTI application seeking an update on my complaint filed on August 16, 2024, regarding forged reservation certificates in UPSC selections. Given the seriousness of the allegations, I expected a prompt and transparent response.

UPSC’s Delayed & Deflective Reply

On March 3, 2025, I received the following response from the UPSC:

- The UPSC stated that its role is limited to conducting examinations and recommending candidates as per government rules.

- It claimed that verification of candidates’ credentials falls under the purview of the Department of Personnel and Training (DoP&T) and other concerned authorities.

- The UPSC further redirected my RTI application to the DoP&T for further response but was silent on the date of forwarding the application.

Why This Response is Problematic?

1. Violation of RTI Act Principles:

   - The UPSC cannot shy away from its responsibility to ensure the integrity of its selection process.

   - If the Central Public Information Officer (CPIO) of the UPSC intended to transfer my RTI request to another authority, it should have been done within the first five days, as per Section 6(3) of the RTI Act.

   - The UPSC's response fails to mention the exact date of forwarding my application to DoP&T, raising doubts about its efficiency and transparency.

   - I am yet to receive any response from DoP&T.

2. Lack of Accountability:

   - The UPSC is duty-bound to ensure that only deserving candidates are recommended for public service.

   - Passing the responsibility to DoP&T without tracking the progress of the complaint shows an unwillingness to take responsibility.

Demanding Policy Reforms

- The UPSC must take a more proactive role in verifying the authenticity of reservation claims.

- RTI requests concerning corruption and malpractice should be given priority.

- The government must enforce stricter verification mechanisms before allocating reservations.

Public Awareness & Advocacy

- Raising awareness through social media and mainstream media about such malpractices.

- Encouraging other aspirants and stakeholders to demand accountability from UPSC and DoP&T.

- Seeking intervention from judicial and parliamentary bodies to expedite action against fraudulent selections.

The UPSC’s reluctance to take responsibility for verifying reservation claims and ensuring fair selection processes raises critical concerns. The RTI response I received not only fails to address the core issue but also violates the transparency principles laid down under the RTI Act.

To protect the integrity of India’s civil services and ensure justice for deserving candidates, immediate reforms are needed. The government, UPSC, and DoP&T must act decisively to eliminate the misuse of reservation benefits and uphold the credibility of the selection process.

As concerned citizens, it is our duty to hold institutions accountable and demand a fair and transparent system that truly serves the nation’s best interests.

Wednesday, January 15, 2025

The Puja Khedkar Controversy: Allegations of Fraud, Forgery, and Misuse of Quotas

The controversy surrounding Puja Khedkar highlights allegations of fraud, forgery, and the misuse of reservation benefits in her application to the Indian Administrative Service (IAS) through the Union Public Service Commission (UPSC).

Chronology of Events

2019

- Puja Khedkar secures a visually impaired certificate from the Ahmednagar District Hospital.

2021

- She obtains a combined disability certificate for visual impairment and mental illness from the same hospital. 

- Earlier, during her admission to an MBBS program, she was declared completely fit.

February 2022 

- Khedkar's application for the Civil Services Examination (CSE) is denied due to procedural discrepancies. 

- She files an affidavit claiming visual and mental disabilities but fails to attend scheduled medical examinations, resulting in no relief from the tribunal.

Later in 2022 

- Khedkar applies for a locomotor disability certificate at Yashwantrao Chavan Memorial Hospital, Pimpri, citing an ACL tear in her left knee. 

- Discrepancies emerge, including the use of a fake ration card and a false address linked to a private company.

2023

- Khedkar clears the UPSC examination with an all-India rank of 821 under the Persons with Benchmark Disabilities (PwBD-5) category. 

- She is appointed as an Assistant Collector in Pune. 

- March: Files an application with the Central Administrative Tribunal (CAT) for relaxation under the disability category, providing inconsistent age details that contradict earlier affidavits.

July 2024

- Accused of demanding unauthorized VIP privileges, including using a private car with sirens, a government sticker, and special number plates. 

- Demands luxury accommodations, a separate cabin, and personal assistants, exceeding probationary entitlements. 

- Removes a senior officer’s nameplate from the Pune Collector's office. 

- Transferred to Washim district due to mounting complaints. 

- The Union Government establishes a one-member committee to investigate her selection under the PwBD and OBC quotas.

- Khedkar levels allegations against Pune Collector Suhas Diwase.

- Files a writ petition in the Aurangabad bench of the Bombay High Court, seeking the transfer of an inquiry pending before Ahmednagar district authorities. The court refuses to entertain the plea, leading her to withdraw the petition.

July 31, 2024

- UPSC cancels her candidature, permanently debars her from future examinations, and accuses her of faking identity details (name, parental details, photograph, and address) to exceed the permissible number of attempts.

August 2024

August 1: A Delhi court denies anticipatory bail, citing the need for custodial interrogation. 

-August 12: The Delhi High Court grants interim protection from arrest. 

- August 21: Delhi Police oppose her bail, alleging a well-planned conspiracy involving others. 

- UPSC promises to provide her with the official order canceling her candidature.

September 2024

- UPSC accuses Khedkar of perjury, claiming she made false statements regarding biometrics collection. 

- The Delhi High Court seeks her response and extends her interim protection from arrest until October 4.

December 23, 2024

- The Delhi High Court dismisses her anticipatory bail plea. 

- Highlights her actions as a serious fraud against the UPSC and society. 

- Denies her anticipatory bail in a related forgery case, citing strong evidence.

Key Allegations and Misconduct

1. Forgery of Documents

   - Disability certificates (visual impairment, mental illness, locomotor disability). 

   - OBC non-creamy layer certificate despite exceeding income thresholds. 

   - Use of multiple identities (e.g., Khedkar Puja Deeliprao, Puja Manorama Dilip Khedkar), altered parental names, photos, signatures, and contact details to exceed UPSC attempt limits.

2. Misuse of Power

   - Demands for undue privileges during probation.

3. Fraud, Forgery, and Perjury

   - Misuse of reservation quotas. 

Role of Her Parents

Deelip Khedkar (Father)

- Accused of amassing disproportionate assets worth around ₹40 crore, undermining her claims for OBC non-creamy layer benefits. 

- Contested the 2024 Lok Sabha elections from Ahmednagar on a Vanchit Bahujan Aghadi ticket. 

- Faced allegations of threatening public servants and involvement in criminal intimidation. 

Manorama Khedkar (Mother)

- Arrested for threatening farmers with a gun over a land dispute, charged under various sections of the IPC and the Arms Act. 

- Served as the sarpanch of Bhalgaon village, adding to the family's influence. 

The Puja Khedkar controversy underscores systemic vulnerabilities in the UPSC verification process. The case has led to calls for stricter scrutiny, questioning public trust in the merit-based civil services examination system.

Thursday, October 13, 2022

Smart Cities: Politics of implementation

The politics of implementation that characterizes the smart city are laid bare when the Mission is seen in the wider context of urban development in India. For example, if the Jawaharlal Nehru National Urban Renewal Mission (JNNURM) for the modernization of cities was already there, then why the idea of the smart city was coined? What is the difference between modern and smart cities? This act is symptomatic of wider, underlying politics that not only influenced the initiation of the smart city mission (SCM) but influence its implementation until today.

 

Be it nationwide or citywide, politics in the implementation of smart cities can be divided into two parts: pre and post-approval of smart cities. As far as Pune Municipal Corporation (PMC) is concerned, all the political parties and administration also played a key role in supporting or opposing the implementation of the smart city project. However, it was not for the benefit of the city at all, other political goals and motivations were the main drivers of these political games.

 

On the 5th of June 2015, Prime Minister Narendra Modi announced the Smart City Mission. As per the Central Government's instructions, the State Government of Maharashtra selected ten Municipal Corporations to be part of the Smart City Mission. The State Government considered Pune and Pimpri-Chinchwad together for the smart city. However, both Municipal Corporations (their elected representatives) initially opposed the idea. Now, there are multiple reasons why they were initially opposed to the Mission but why they opposed the idea of considering both cities together is an open secret. You can call it the politics of development. Such development, they think, can attract vote banks as well as increase the bank balance.

 

After four rounds of competitions, the Central Government selected 98 cities for the Smart City Mission. Pune was included and came second in the nationwide competition. However, there was no answer as to why Pimpri Chinchwad was excluded.

 

Pune city was earlier included in the Jawaharlal Nehru National Urban Renewal Mission (JNNURM), a large-scale city modernization scheme launched in 2005. This was then succeeded by AMRUT (Atal Mission for Rejuvenation and Urban Transformation) scheme, which aimed to provide basic services (e.g., water supply, sewerage, urban transport) to households and build public amenities in cities, designed to improve the quality of life for all. It's surprising that in ten short years Pune was urbanized under JNNURM, it was able to provide all basic services through AMRUT and now, it was ready to be smart.

 

Though there was publicly announced and promoted competition for the selection of cities under the Smart Cities Mission, evidence suggests that the cities selected under the Mission were predominantly pre-decided, as well as many decisions regarding the implementation of the Mission in each city. As far as Pune is concerned, a lack of transparency and confidentiality, one-sided agreements, conflict of interests, and the lack of democracy during the implementation, has arguably adversely affected Pune's future as a Smart City.

 

Local Political Games

 

With a BJP-led government coming into power in the State and Centre in 2014, and an NCP-Indian Congress-led alliance in power in Pune, the PMC was initially in the dark about the SCM and its implementation. Due to political rivalry, the support of the ruling elected representative in the implementation of Smart City PMC was doubtful, and as the number of seats of the Bharatiya Janata Party in PMC was limited, they put pressure on PMC from State or Central Government. The role of Congress-Maharashtra Navnirman Sena (MNS) was opportunistic and Shivsena representatives were mere spectators at it.

 

Earlier, Congress, NCP, and MNS had decided to adjourn the General Body meeting and postpone the approval of the Pune Smart City Proposal. However, with BJP in power at the State level, PMC representatives were pressured to approve the proposal for submission under the SCM competition. Under section 450(A) of the Maharashtra Municipal Corporation Act, the State Government has powers to issue general instructions to the Municipal Corporation, as matters of policy to be followed by the Corporation in respect of its duties and functions, and in particular, it may issue directions in the larger public interest or for implementation of the policies of the Central Government or the State Government and the National or the State level programs, projects, and schemes. Upon the issue of such instructions or directions, it shall be the duty of the Corporation to give effect to such instructions or directions. It was through issuing this notice that the State Government was able to ensure that the PMC complied with and approved the Smart City proposal in the General Body meeting.

 

This was nothing but a political game. It is extremely rare for the State Government to intervene in city politics in this way, especially for urban development programs. By doing so the State government was suggesting that elected representatives of PMC were not serious about the development of the city, in contrast to the BJP who wanted to bring development for all.

 

Amendments in contradiction

 

After receiving this notice, the smart city proposal was approved in a thirteen-hour-long General Body meeting. Despite the apparent unanimous approval of the proposal, the General Body failed to finalize the accountability structures of the Special Purpose Vehicle (SPV) - a particular point of contestation among the political representatives.

 

Nevertheless, the proposal was finally agreed upon after giving five amendments to the original proposal. These amendments were designed to curb the rights of the SPV and its CEOs, so as to maintain democratic structures and decision-making in relation to the Smart City Mission. Firstly, they recommended that the mayor of the city should become the CEO of SPV, to improve accountability. Secondly, if in the following two years the SPV fails in its role as implementing body, it would be suspended and the work would continue under the PMC. Finally, it was decided that the CEO would not be given the right to pledge any property of the Municipal Corporation.

 

The most surprising part of this meeting was that the then Municipal Commissioner was convincing PMC representatives to approve the proposal as if it was his personal agenda. Later on, it was revealed that the processes and proceedings adopted in the race to emerge winners in the competitive federalism agenda paid scant regard to any rules and regulations or democratic practices.

 

For example, initially, the PMC commissioner had refused to put the Smart City proposal in the public domain or show it to elected representatives, apparently afraid ULB copy the proposal. This a strange excuse in light of some of the core tenants of the Mission being inclusivity and transparency.

 

To demonstrate that PMC's smart city proposal was contradictory in nature, one or two examples are sufficient. In the proposal, the PMC states, 'Capitalizing on Pune's water abundance, one of the strategic goals will be to ensure at least 150 lpcd of water to 100% of citizens on a 24x7 basis. However, the equitable distribution of this abundance is still a matter of question. What is the guarantee that this abundance will lead to equitable distribution for all sections of society and covers all geographic areas? Furthermore, where is that abundant water? For many years now, Pune is facing water shortages for almost six months a year. Furthermore, the smart city proposal says it would raise Rs. 1000 crores from selling 10 acres of land in the ABB area (i.e., it would fetch 100 crores per acre.) This remains a distant dream and PSCDCL has not taken the initiative forward. [ready reckoner reference details to be cited to prove the point]

 

Furthermore, despite the contentious approval process, in the end, none of the amendments were implemented. For example, despite the apparent failure of SPV to implement the Mission in a timely, effective and transparent way, it has not been suspended. The rights of the CEO or SPV were not curbed as suggested. And most revealing of all, instead of selecting the Mayor as CEO to maintain a democratic representation of the city citizens, a bureaucrat remains in the powerful position.

 

Corporate influence and democratic processes

 

The General Body also failed to enact proper control over the involvement of companies or organizations in the SCM. Therefore, companies that had been involved in the preparation of the proposal remained legible for participating in tendering for projects in the smart city. That is against tender process guidelines at the national and international levels.

 

Doubts were also raised on PMC's decision to select Aundh, Baner, Balewadi (ABB) for Area Based Development (ABD) initiatives. This area was already considerably developed under JNNURM and for the Common Wealth Youth Games (CWYG). It is therefore arguable that the ABB was selected to achieve maximum visual or aesthetic impact in five years, to perform an image and feeling of success.

 

When it came to the appointment of the project consultant, the process lacked transparency. After only four days of presentations and consideration, the Standing Committee of Pune Municipal Corporation (PMC) passed a proposal to appoint McKinsey and Company as a consultant to prepare the draft smart city plan (SCP). Interestingly, almost all the cities under SCM have not spent more than 40 lac rupees on a consultant. However, PMC spent more than 2.40 crore rupees.

 

It was not the case that McKinsey and Co's work has always been reliable or successful. This was the company that had advised the world-famous telephone company, AT&T, that mobile phones have a future. This was the company whose former director Rajat Gupta was sentenced two years jail term for insider trading by U.S. District Judge in New York.

 

Whilst Standing Committee said that it was necessary to call tenders from the list finalized by the government, this was in fact case. The Ministry of Urban Development technically qualified panel consulting firms and States/UTs were at liberty to draw this However, the States had also the option of appointing a consulting firm outside following transparency and procedures. These firms to a selected selection (LCS) basis. In this case, the proposal among those passed the minimum technical score. And here lies the trick. The scoring numbers are PMC officials and of McKinsey got the proposal Committee doesn't speak to any LCS

 

Inclusivity, transparency, and Secrecy

 

Initially, making governance citizen-friendly was one of the key objectives of smart cities, and participation was said to be the core tool to achieve However implementation, instead transparency, 'secrecy' became the buzzword for Smart Cities Mission. And Pune is arguably at forefront of this mission. From the beginning, the SCM defied the principles of the amendment to the constitution of India that was brought to strengthen Local Bodies. 'Secrecy clause' in Smart City Mission has taken the soul out of Right Information Act

 

To maintain secrecy around the activities of smart city projects, they introduced 'code conduct' directors and management personnel of the company Pune Smart Development Corporation Limited (PSCDCL) the company formed the Special Purpose (SPV) implementation of smart city projects in Pune. This code of conduct prevented directors’ senior management personnel PSCDCL from disclosing anything with any member of the press media matters connected with the company business unless specifically permitted Board Directors of the company or the Chairman/Managing Director of the company

 

Article association (AoA) PSCDCL requires every Director, Manager, Secretary, Auditor, Trustee, member committee, officer, servant, agent, accountant any other person employed business of the company to sign a declaration pledging to observe strict secrecy respecting transactions and affairs of the Company with customers and the state the accounts individuals and matters relating thereto, and by such declaration pledge not reveal any matters which may come knowledge the discharge his duties except when required so Directors or by law or by the person to whom such matters relate and except so far as necessary in order comply with any provisions in these presents

 

Further as per AoA, the member is entitled to visit or inspect any works of the company without the permission of the directors to require the discovery of any information respecting any details company's trading, or any matter which is maybe the nature of trade secret, mystery secret process or any other matter which may relate the conduct the business the and which in the opinion of the directors, it would inexpedient the interest the company discloses.

 

In short, the Smart City Mission gave the rights to collect taxes, use charges, sell, lease properties, take loans, and earn profit for shareholders, the company formed confiscated all the rights conferred upon common citizens Constitution of India.

 

The then would be Chief Executive Officer of the SPV and then Municipal Commissioner of PMC had already encroached upon the General Body's and Standing Committee's rights. Though he had not revealed any of PMC's correspondence with whom it has signed the so-called non-financial, non-binding Memorandum of Understanding (MoU), he has gone further to assure reimbursement of the amount to an institute without knowledge of a General Body and Standing Committee. It seems that he had assured reimbursement as CEO of the proposed SPV.

 

In a letter to the Principal Director of Symbiosis, the then Municipal Commissioner writes,

 

"I welcome our collaboration wherein MBA-IM students from SCMHRD, Symbiosis would work with us as interns for Smart Cities Mission. This is a path-breaking partnership that brings together academia with the Government in mission mode to find solutions for real-life issues faced by the city.

 

Further, with reference to your email regarding the budget proposal based on 60 days of engagement, we convey our agreement with the same. We would, however like you to undertake the expenditure upfront and thereafter let us reimburse the amount to you.

 

We believe this engagement will go a long way in enabling the transformation of Pune city under the Smart City Mission."

 

Interestingly, SCMHRD's name doesn't appear in the list of PMC's so-called nonbinding, nonfinancial MoUs it has signed. No one knows how many such agreements he has signed on behalf of PMC. However, as far as nonbinding nonfinancial MoUs that PMC has signed are concerned, the Commissioner has categorically said that they will be allowed to participate in the tendering process of SPV, and therein lies the threat of manipulating the proposed transparent tendering process.

 

As described in the letter above, SCMHRD conducted a public participation initiative required under the Smart City Mission in collaboration with the SPV and other external partners. The Standing Committee of PMC then reimbursed the amount without asking any questions on the legality of awarding that work to SCMHRD.

 

Keeping pace in a smart city

 

The pace of project implementation in Pune is slow due to difficulties with funding allocation and a lack of efficient communication and decision-making in implementation. Pan city projects like Smart Street Lighting, E-Buses, Adaptive Traffic Control Systems, Bus System ITMS, Total Smart Parking Intelligent Road Management as well as area-based projects like 100 Electric buses, junction and road redesign for fourteen junctions, non-motorized transport (NMT) and street development, BRT, e-rickshaws, wastewater recycling, storm-water management, adequate water supply, rainwater harvesting, smart water metering, river water cleaning, etc. either haven't started yet or are only partially complete.

 

When the Pune Municipal Corporation submitted the proposal for the Smart City Mission, it had given a detailed plan for the implementation of projects under the smart city. However, the situation after four years is not only disappointing but raises serious doubts about the future completion of projects.

 

A total of forty-one projects were proposed in the Pune smart city proposal document. Among them will be the all-around development of river banks in the ABD, LED street lights, rainwater harvesting, classical disposal of wastes, 100 e-buses, etc. Thirty out of these forty-one projects should have been completed or begun by December 2018 and the remaining eleven projects were expected to be completed in 2019 and 2020. The work has also been hampered as the PSCDCL is yet to receive a total of over Rs. 400 crores from the State and Central governments pertaining to the dues of the last two consecutive years. Due to this delay, various projects such as the smart grid project, the riverfront development program of the river Ramnadi in Baner, and the placemaking project, are facing delays.

 

'Pune Smart City' - who for and who decides?

 

Despite these problems in implementation, Pune has been awarded several awards by several national agencies. For example, Business World Digital India Summit & Awards 2018, the Smart SPV 2018 award, the SKOCH Order-of-Merit Award for Smart Cities, four National Smart City Awards by the Union Ministry of Housing & Urban Affairs, and the Best Smart City India Award

 

Even as the government and its agencies proceed with inefficient and problematic implementation of smart cities the stakeholders lie. citizens, civilian planners, architects, and social workers. academics, people's representatives) are asking the question of what the smart city exactly means. There is no specific definition of a 'smart city' and cities have to self-define their understanding of 'smartness'. Information and communication technologies (ICTS) play a prominent role in the development of smart cities. Technology is increasingly being used to avail basic facilities like transport, water supply, etc. However, before applying ICT, basic infrastructure should be in place.

 

If the cities have to self-define their understanding of 'smartness' then it is actually the citizens who have to define it - they should have a say in what smartness in their city means to them. However, when politicians in collusion with the administration and corporate entities make a mockery of public participation then how can citizens define or decide what they want? And most importantly, do have they any liberty to decide what they want?

 

In Pune, more than 40% of people live in slums. The situation may not be much different in any other city in India. What would their idea of a smart city be? Has anybody asked them? Forget about the smart city, has anybody ever asked them what their basic expectations and needs are? Mere conferring awards for public participation and implementation of the smart city on urban local Bodies will not help provide for the needs of people, nor will it lead to the development of a fantasy smart city.

 

To provide even the basic services like water, sanitation, healthcare, education, and healthcare, etc. for a growing Indian population, which is expected to be around 170+ crore by 2050, the government and its agencies need a better understanding and planning of the current infrastructure and services. Paying lip service to public participation will not help understand citizens' problems and will therefore not lead to inclusive, sustainable development. Without careful, just, and inclusive citizen engagement, missions like JNNURM, AMRUT, or the SCM will not help any city become smart and it will forever remain a political game.


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Smart Cities to be secret cities, beginning of the end of the transparency era

Thursday, May 13, 2021

Resolutions Passed by RTI Movement 14 years ago are still awaiting justice

Almost 14 years back I had organized the Right to information crusaders convention through my organization ‘Surajya Sangharsh Samiti. It was attended by about 137 activists from 27 states. I had to organize this event because the veteran activists of the country could not agree on where to hold the convention. In the end, no one objected to me organizing the convention.



The initiative was attended by veteran journalist Late Prakash Kardale. Anna Hazare, Arvind Kejriwal, Manish Sisodia, Aruna Roy, Medhatai Patkar, Nikhil Dey, Prashant Bhushan and many others. None of these came together after that meeting. This is how I came in contact with many social activists in the country. Some resolutions were passed in this convention regarding the strengthening of the RTI act. However, to date, RTI community is still struggling for proper implementation of the Act.

There is no doubt that all the congregation in this photo are veteran social workers. They are masters in their respective fields. But they never got along. For various reasons they often came either way but their opinions never matched. No one will doubt the motives of these social workers. Even if their achievements or goals are the same, they have differences over the tools and they are so extreme that it creates distance from them.

Before this convention in July 2006, the Union Cabinet amended the Right to Information Act 2005 to exclude the file noting by the government officials from its purview. Till this date, Anna and Arvind Kejriwal were in contact only on phone or through me. Arvind insisted that Anna should begin his fast at Jantar Mantar but anna didn’t agree and went on his fast unto death on 9 August 2006 in Alandi against the proposed amendment. He ended his fast on 19 August 2006, after the government agreed to change its earlier decision.

Meanwhile, Praksh kardaley had requested Arvind Kejriwal to meet anna personally. Kardaley sent this letter to anna on 15 August 2006. Arvind came to meet anna 0n 19 August 2006. However, before we ( I and Arvind Kejriwal) reach Alandi then  MoS in PMO and in charge of the Ministry of Personnel, Public Grievances & Pensions had reached there and Anna had ended his fast. Hence, we had to return from midway. Then after some days, we went to meet Anna Hazare

Three resolutions were passed in that convention first was resolution with respect to demands from the government; another was regarding the functioning of CIC and SIC and the third was about the implementation of section 4 of RTI. Dignitaries like Veteran social worker Anna Hazare, Aruna Roy, Aravind Kejriwal and Prashant Bhushan had signed on these resolutions. Since then in many such conventions activists have made the same demands. However, the government didn’t give any heed to these demands.On the contrary, the government made every effort to kill the RTI act and movement. Hence On the background of change of guard in the country, there is a need to work on the strategy to revive RTI movement.

Resolution passed by the national convention of RTI activists in Pune held on 12th and 13th May 2007 with respect to the demands from the government

1.       There ought not to be any mandatory forms for requests for information and forms if any must only be a directory. The non-compliance with the forms must not and cannot result in the rejection or return of the requests.

2.       There ought to be no fee for appeal and such prescription is ultra virus and the act does not permit such imposition. Wherever such impositions are made by the Governments, they should be immediately withdrawn.

3.       Many public authorities are prescribing their own rules, which is totally illegal, and they are bound to follow the rules made by the competent authorities. Strict action must be taken against the public authorities that framed rules without jurisdiction for violating the provisions of the Act.

4.       A revolutionary sunshine act like the RTI can only be handled and effectively implemented by an independent department. The responsibility of implementing the act shall not be vested on the Department of Personnel and Training or Personnel Department of any State. As an interim measure the responsibility should be withdrawn from the DoPT or any other State Personnel Departments and vested with the Ministry of Information and Broadcasting and similar departments in States.

5.       Every month the Secretary in Charge of the implementation of the RTI Act should ensure that the Public Authorities file analyzed reports including information demanded under S. 25 and the same must be analyzed and action taken against any aberration or deviation from the An act which is so noted.

6.       It must be mandatory that the first appellate Authority records independent findings and reasons and gives speaking orders while disposing of the appeals.

7.       Central Government must correct the mistake in S. 19(6) by notification under S. 30 by replacing the words “or subsection (2)” as “or subsection (3)” and thus provide for a time limit to dispose of the second appeals. By prescribing a time limit in rules, the Complaints also must be ensured to be disposed of in a time-bound manner by the commissions.

8.       Every head of the public authorities must be made responsible for ensuring effective and complete Section 4 disclosures and strict disciplinary action must be taken against those defaulting this paramount duty.

9.       When compensation or costs are ordered by Information Commissions or when free information is to be given due to delay, the loss caused to the Public authority must be recovered from concerned officers if it is seen after a proper inquiry that he is responsible for the loss. In In all such cases an inquiry ought to be made.

10.     The first appellate authority that does not bonafide and properly dispose of appeals must be penalized.

11.     Call Centre’s as in Bihar for effective use of RTI must be made available by the Central Government and the State Governments. In the interim, there must be one APIO in every state who will be able to accept and forward requests for information with respect to all Public Authorities in the State.

12.     All Public Authorities must make rapid computerization making more and more available information in the public domain.

13.     The RTI Act must be included in the curriculum at the School level by all the State Governments, the CBSE, and the NCRTE and also at the college level.

14.     A special stamp for giving fee under RTI The act must be released by the State Governments and they shall be made available through the Post Offices.

15.     We urgently need the law to protect the requestors of information in the form of the Whistle Blowers Act.

16.     Government is bound by the orders of the Information Commission and they shall be respected and implemented. We note with concern to the flagrant violation of the orders of the Commissions by the Government and also the frequent and frivolous challenges of the pro disclosure orders of the Information Commissions by the Government before legal forums.

Resolution passed by the national convention of RTI activists in Pune held on 12th and 13th May 2007 with respect to the functioning of CIC and SICs

1.       If any PIO says that information cannot be provided because the files are missing, the following action should be taken in all such cases:
        a. Public authority should be asked to provide a list of officials who were supposed to be the custodians of that file before it went missing.
        b. An FIR should be registered against those officials by name
        c. Simultaneous the departmental inquiry should be ordered by the Commission to fix responsibility within a week.
       d.  Commission should direct the public authority to impose a penalty on guilty officials within the next 7 days of fixing responsibility.
        e. The The commission should direct reconstruction of file and the information should be provided to the citizen.
        f.  For every case of loss of file, the Commission should also enquire whether it was some deficiency in record maintaining systems of the department which led to loss of files. If so, they should direct appropriate changes in systems under section 19 (8)

2.       If files are reported lost at Information Commission itself, the Commission should take all the steps listed above for loss of files by PIO.
3.       Show cause notice must: If there has been any delay in responding to an RTI application, a show-cause notice should compulsorily be sent to the PIO to explain the reasons for delay or denial of information. If it relates to denial of information under section 8 or any other section and the citizen alleges malafide, then the Information Commission must compulsorily issue a show cause notice. There should be an open hearing thereafter the issue of show cause notice in which both the parties should be called. An order for either imposing penalty or dropping penalty should be passed in open court rather than behind the back of the parties.
4.       Case should not be closed till complete information is received and the citizen reports satisfaction.
5.       If any public authority does not receive RTI application does not accept fee or harasses citizen in any other manner in submitting an application or providing receipt or acknowledgment, such complaints should be directly accepted under section 18.
6.       For every second violation by any PIO, Information Commission should invoke section 20 (2) in addition to section 20 (1)
7.       Information Commissions should ensure that the penalties imposed by them are recovered and are entered in the ACRs of the officials.
8.       If a citizen invokes life and liberty clause, the Commission should directly entertain such complaint under sec 18 and should dispose of it within 48 hours.
9.       “Life and liberty” should be defined as provided under article 21 of the Constitution.
10.     It has been seen that some Information Commissioners are accepting the hospitality of public authorities whose cases, they are hearing. This is being done under the garb of holding RTI workshops in those public authorities. Information Commissioners should immediately stop doing this. The Commission should come out with a model code of conduct on the lines as it exists for judges.
11.     If any state has more than one Information Commissioner, they should be spread out in the state rather than holding hearings from only one city.
12.     No Information Commissioner should be allowed to deal with any Department where he/she served any time in the past, as there is a direct conflict of interest.
13.     Both parties should be treated equally. Often, the officers from public authority are seen to be having tea with the Commissioner before hearing. This severely affects the independence of the commissioner and his ability to act against the officials.
14.     Both parties should be heard in every case. Principles of natural justice should be respected.
15.     Many Commissioners do not pass orders in open court, which is a violation of rules. Every order should be passed in open court.
16.     All Information Commissions should themselves abide by section 4 disclosures.
17.     No format should be insisted upon for filing an appeal. Similarly, only one copy of appeal should be asked rather than three or five copies as is being done today.
18.     Many Information Commissions have not submitted their reports under section 25 of the RTI Act. It is requested that they submit it soon.
19.     Some information commissions are providing orders for a cost. This should be stopped forthwith. Orders should be provided free of cost.
20.     Every case in which a decision is passed in favor of the citizen should lead to appropriate compensation for costs incurred and for mental harassment. This should be recovered from the salary of the responsible officer as in the case of Chhattisgarh.
21.     PIO and AA should not be allowed to be represented by anyone including lawyers. They should appear in person.
22.     All orders should be in a format so that the basic information about that case is reflected in every case. We are developing such a format through consultations and will make our suggestions soon.
23.     Acknowledgement no should be given to the complainant/ appellant on the spot, if he is filing by hand or should be dispatched within 24 hours of receipt by post.
24.     The Commission should ensure that the first hearing in every matter should take place within 30 days of receipt of complaint/ appeal and there should not be a gap of more than 10 days between two hearings.
25.     “Human Rights” should be interpreted to mean a defined in various international treaties to which India is a signatory.
26.     The offices of Information Commissions should be made disabled-friendly and should be at such places where they are easily accessible to the public.
27.     All hearings at Information Commissions should be video recorded.
28.     The Information Commissions may like to create awareness, but they should do it themselves rather than sub-letting funds to NGOs or other agencies.



Resolution passed by the national convention of RTI activists in Pune held on 12th and 13th  May 2007 with respect to the implementation of Section 4

1.       For the implementation of Section 4 state/central Government should take audits of every public authority. Public Authorities that do not comply with Section 4 should be enquired upon by the Govt.

2.       CIC or SIC should dispose of complaints against non-compliance of Section 4 on a priority basis.

3.       CIC or SIC should recommend necessary action against the erring Public Authority to the concerned governments

4.       If applications are made for information under Section 4 then the information should be supplied at actual cost and not at the prescribed charges of Rs.2 per page.

5.       CIC, SIC, and government should treat non compliance of Section 4 as a refusal of information and accordingly take action on the erring Public Authority

6.       In every state NGOs should frequently take an audit of compliance of Section 4 in various Public Authorities’.