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Showing posts with label Arvind kejriwal. Show all posts
Showing posts with label Arvind kejriwal. Show all posts

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’.









Saturday, April 27, 2019

Validity of penal provision in case of wrong complaint against EVM’s deviant behavior challenged in SC

Is a threat of FIR in case of a wrong complaint against EVM’s deviant behavior justifiable? Can a person accused of any offence be compelled to be a witness against himself? We will get answers to these question after hearing of a petition in the Supreme court. Mumbai based Lawyer and RTI activist Sunil Ahya has challenged the validity of the penal provision in case of mismatched voting. Ahya mentioned this petition before Chief Justice on 24 April. Court ordered to list the matter On 26 April however on that case was not listed hence Ahya again mentioned it on 26th and court ordered to list it on 29th. So petition may be admitted on 29th of April.



Ahya has prayed Supreme Court to set aside Rule 49MA of the Conduct of Election Rules, 1961 except for the procedure prescribed for purpose of creating a statistical record of the complaints; and to register the complaint of any deviant behavior of the electronic machines/equipment used in the process.

There may be counter arguments on the complaint that ‘Press Any EVM Button and vote go to an unintended candidate”. But the political leaders like Sharad Pawar, Arvind Kejriwal, sushilkumar Shinde, Akhilesh Yadav, Mayavati and thousands of other people across India have complained outside polling booths about EVM VVPAT vote mismatch. However, not sure if machine’s behavior during test vote & scared of facing FIR, no one except one in Sangli of Maharashtra challenged mismatched vote under section 49 (MA) of election rules. 

Even ex DGP of Assam alleged EVM tampering after casting vote but didn’t dare to complain. This needs to be changed. The person casting vote should be sure of his vote has gone to the intended candidate only. If there is doubt in his mind it should be cleared immediately. 

Rule 49MA of the Conduct of Election Rules, 1961 mandates elector to give declaration in case of mismatched voting. This rule read with section 177 of the Indian Penal Code, criminalizes the reporting of deviant behavior of EVM & VVPAT. After complaint of mismatched voting the presiding officer if an elector after having recorded his vote under rule 49M alleges that the paper slip generated by the printer has shown the name or symbol of a candidate other than the one he voted for, the presiding officer has to obtain a written declaration from the elector as to the allegation. And after such declaration is obtained the Presiding Officer then permits the elector to record a test vote in the voting machine in his presence and in the presence of the candidate or his representative.

Also, is it fair and just to charge an elector for reporting such deviant behavior and to ask himself to be a witness against himself? As per article 20(3) of the Constitution. No person accused of any offence shall be compelled to be a witness against himself.

This all system puts the burden of proof on the elector, who has to face the criminal charges irrespective of whether that reporting is truthful and honest. This deters an elector from coming forth and making any complaint. This system also gives clean chit to the machine against which complaint has been made. Faulty machines sometimes may also record correct results. And that is the reason people don’t dare to complain even if they are sure of deviant behavior of EVM. Hence should be allowed to complain without fear of any action against him. 

Related Stories


EVMsmay not be but the system is vulnerable to fraud ...



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Thursday, March 16, 2017

EVMs may not be but system is vulnerable to fraud ...

While Arvind Kejriwal and Mayavati are criticizing Electronic Voting Machines Anna Hazare has ridiculed these accusations of sore loser.No doubt Electronic Voting Machines (EVM)  are safe in protected environment and there may be rival arguments on whether EVMs are vulnerable to fraud or not.There are several possibilities that definitely raise doubts. In this post I don’t want to make any allegations but want to put plain facts that point the finger at entire  procedure followed in Pune Municipal Corporation (PMC ) elections. These facts are based on documents provided by election department. Election commission has to clarify on those doubts.


In  ward no 33 around 5 ballot units were changed without any reason or notice to candidates and in same ward  in around 21 booths sequence of ballot unit was changed. However due to lack of awareness nobody complained. This is something very serious. Before actual voting day EVM's were sealed in presence of candidates or their representatives. So question of change  of ballot units or their sequence  doesn't arise at all.

This time in PMC elections were conducted panel wise.Each ward electors had to elect 4 candidates. Elections were conducted in February 2017. 21 February was actual voting day and on 23 results were declared. But before that on 15th February  as per procedure EVMs were checked randomised , allotted booth wise, sequence wise  and sealed in presence of candidate or their representatives. Sequence of candidates was also set on the same day .Copies of serial no of booth wise ballot units (Bu) , Control unit and sequence of candidates set were given to candidate. ( see Annexure 1).

As all the BU and CU were sealed and kept in tight security question of  any change in it does not arise at all. However on actual polling day (21st February)  when polling staff opened Ballot units serial no’s of units were different from those recorded and sealed on 15th February. In booth no 10,12,28, 49 and 50  Ballot unit numbers were P44052, P 43551, MO22334, P143888 & P14390 respectively (see Annexure 1).But on  actual poling day those were P14992, P11947, MO23334, P 14386 & Mo 27617 respectively ( Annexure2) . If on voting day Ballot units are found faulty they can be changed after following proper procedure. Then how come these ballot units were changed ? Isn’t this serious?.

Control Unit numbers are also different in booth no 24 and 30 in copy handed over to candidate those were M22232 and M 21591 but on actual polling day those were changed to  7507 and 21595 respectively ( Annexure 3). In some cases on polling day control unit or ballot unit numbers were not recorded at all ( Annexure 4)

Sequence of ballot units was also changed in almost 20 booths. As per rules  Ballot Unit should be connected to control unit according sequence allotted to them only. Changing that sequence amounts to exchange of votes to another candidates. In ward no 33 almost on 20 booths sequence of  ballot units was changed. In booth no 1,5,8,11,15, 17,18,2224,32,40,54,57,62,65,66,71,76 and  79 ballot unit 1 was connected  to 2 and 2 to 1 (Annexture 5). This is also serious because machine doesn’t read panel number or names of candidates . It reads numbers serially.


In the nutshell somebody from the system itself or from outside had access to the sealed machines and strong rooms. Election commissions has to clarify on these issues. 

Related Stories


Subscribe for Free

To receive free emails or free RSS feeds, please, subscribe to Vijay Kumbhar's Exclusive News & Analysis

RTI KATTA is a platform to empower oneself through discussions amongst each other to solve their problems by using Right to Information act, Every Sunday at Chittaranjan Watika, Model Colony,Shivaji nagar, Pune, between 9.30 to 10.30 A.M.

RTI Resource Person, RTI Columnist
Phone – 9923299199

                   http://surajya.org/
Email     – kvijay14@gmail.com