Ruthess Attack on activists of Accountability Yatra Lead by Aruna Roy in Rajasthan

Peaceful Jawabdehi (Accountability)  Yatra launched by Magsaysay Award winner and pioneer of RTI Act Aruna Roy, along with Nikhil Dey and Shankar Singh covering all the districts of Rajasthan to document people’s efforts and suggestions addressed to government schools and the larger education system, to make the government accountable for its decisions and advocating a sense of transparency in the system was attacked by mob lead by BJP MLA Kanwar lal Meena. It also vandalized vehicles and cameras were destroyed.

Mob attacked ruthlessly at Jhalawar, the constituency of the Chief Minister Vasundhara Raje.  A strong mob of 40 to 50 stormed into the meeting and attacked the people who were conducting the yatra peacefully. The BJP MLA began the assault by attacking Shankar Singh the well know activist of Mazdur Kisan Shakti Sanghatan. Encouraged by the leader’s brazen act, his followers began raining lathis on the peaceful and unarmed persons and volunteers and then went on to slap two women activists, break the glass panes of two vehicles and forcibly seize the camera from an independent filmmaker who was quietly documenting the public meeting and beat him up mercilessly when he tried to prevent an expensive Sony HD camera from being vandalized.

From left: Amitha, Atul, Radhika Ganesh, Anurag Singh, Mujeeb -
Photo courtsey http://www.thenewsminute.com

Shankar Singh, Anurag and Kamal tank and many other activists were injured. So far, police has not taken any action against the culprits.  Mob charged them with lathis on knee, and legs leading to internal injury.

Accountability yatra that begun on 1st of December 2015, from Jaipur, will cover all 33 districts of the state spending 3 days in each districts. Yatra is being participated by over 100 organizations of Rajasthan, under the banner “Soochana Evam Rojgar Adhikar Abhiyaan”. Around 80 people are travelling from day one, while hundreds join in each district for the local programmes.

Yatra is registering grievances on Ration, Pension, MGNREGA, Social Security schemes, school, hospitals etc. In each of the districts yatra spends two days in the fields with street plays performed, rally, demonstration, and public outreach programme at cross roads, small and big towns. In each of the district, there is “jan-sunwai” and “shikayat Mela” is organized, at the end of which, all the complaints that are registered therefore is handed over to the administration.  Complaints are registered online and tracked for their disposal.

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More difficult days ahead for Right To Information

Last week Supreme Court stayed some part of order given in namit Sharma case. Though SC declined to give stay on entire judgement, it stayed some part of it. However, this stay has increased more confusion.

 Last year Supreme Court in its order given in namit sharma case said, "The Information Commissions at the respective levels shall henceforth work in Benches of two members each. One of them being a ‘judicial member’, while the other an ‘expert member’. The judicial member should be a person possessing a degree in law, having a judicially trained mind and experience in performing judicial functions. A law officer or a lawyer may also be eligible provided he is a person who has practiced law at least for a period of twenty years as on the date of the advertisement. Such lawyer should also have experience in social work. We are of the considered view that the competent authority should prefer a person who is or has been a Judge of the High Court for appointment as Information Commissioners. Chief Information Commissioner at the Centre or State level shall only be a person who is or has been a Chief Justice of the High Court or a Judge of the Supreme Court of India."

 And it had also said that "The appointment of the judicial members to any of these posts shall be made ‘in consultation’ with the Chief Justice of India and Chief Justices of the High Courts of the respective States, as the case may be”.

After the judgement in namit Sharma case, union government had filed review petition. Mrs.Aruna Roy and Shailesh Gandhi had intervened in this case and requested for the stay on judgement. SC gave stay on above two points but it also directed that wherever Chief Information Commissioner is of the opinion that intricate questions of law will have to be decided in a matter coming before the Information Commissioners, he will ensure that the matter is heard by information commissioner who has knowledge and experience in the field of Law.

This order has created huge confusion. Now question is, how will Chief Information Commissioner (CIC) decide that there is an intricate question of law in a matter that is before the Information Commissioners (IC) ? How will he find it out ?, What rights he has got under RTI ?, As  both the  IC and CIC are equal in status , there is no provision in RTI to  communicate anything about nature of appeal to CIC.And how to find out or who and how will decide intricate questions of Law?. Some times very small points become very big question of law and some times even a big intricate question of law  may not come to light due to lack of knowledge. As well as for those IC's having nature of shifting the responsibility on others shoulders, this is excellent opportunity to transfer the appeals to another bench on the so-called ground of involving intricate question of law.

 Next point is how the member having knowledge and experience in the field of Law will work ?. Will he work with another member as per the cases or, will he hear all the cases transferred by all the information commissioners? Another fear is if unintentionally or deliberately IC's  start to transfer the appeals pretending it involves  intricate question of law, imagine  what will be the scenario? .Or it may happen that appellant dissatisfied with the decision of IC may approach the CIC on the grounds that appeal involves intricate question of law. What will CIC do? Because he does not have any right to here or decide anything on appeal decided by IC and Supreme Court says CIC will ensure that a Bench of which hears such matter at least one member has knowledge and experience in the field of Law.