Activist Moves NHRC against Ban on Pre-paid SMS in J & K

Ban On Pre-Paid SMS 

Activist Moves NHRC, Demands Revocation of Ban 

Jammu, 15/April/2013: Terming the ban on Pre-Paid SMS service in Jammu and Kashmir as a violation of  Human  Right and also desecration of fundamental right to expression as enshrined  under the constitution of India. A Jammu based Human Rights Activist has approached the National Human Rights Commission at New Delhi with a plea seeking directions to the competent authorities for lifting the ban on pre-paid SMS Service. Arraying Home Secretary, Ministry of Home Affairs, Chairman TC & Secretary (T), Ministry of   Communications & IT, Department of Telecommunications Chief Minister, J&K State.   As respondents the instant petition has been filed by Human Rights Activist Deepak.

In his petition dated 14/April/2013, Deepak Sharma has submitted to the Chairman, NHRC that the ban on SMS services of Prepaid mobile subscribers of the state is unconstitutional, non democratic, useless, illogical and has become totally irrelevant especially in present times with the advancement and wide use of technologies like Whatsapp, social networking sites like face book, orkut and twitter. 

KASHMIR TIMES, 16 APRIL, 2013, JAMMUU

 Supporting his petition, the activist has also argued that the government’s decision to ban pre-paid SMS service on the pretext of rumors spreading can no way be justified because  there is a wide spread use of some messaging services like Whatsapp  these days as apart from sending messages it also sends videos, audios, files etc in an amazingly fast speed  that too free of cost. The petitioner in his plea has also stated that SMS ban has become total illogical and irrelevant because any person with smart phone which is available with a mere cost of 3 to 4 thousand can access all the advance applications on his cell and interact with anyone and forward his message without any check.  This ban is discriminatory because it only curtails the rights of the under privileged people who cannot afford to buy smart phones. It has also been argued that the people of the state especially youth and students are suffering a lot due to non-availability of the SMS service because due to this ban they are not able to receive messages from universities, banking messages, job employment alerts, rail and air ticket confirmation messages. In his prayer to the Human Rights Panel, the petitioner has said that he though appreciates and respects the decision of the State Government in safeguarding the security interest of the state and its citizens but putting a ban on the pre paid subscribers only and that too for a long period of almost 3 years is illogical and need to be reviewed and quashed by the concerned competent authorities. Deepak has also informed that within days, he along with other rights activists from the state may approach the Court of Law with a Public Interest Litigation claiming that they have all the facts to prove the ban order “unconstitutional and discriminatory” .  

http://epaper.kashmirtimes.com/index.aspx?page=4

http://jammu.greaterkashmir.com/news/2013/Apr/16/hr-activist-petitions-before-nhrc-against-prepaid-sms-service-ban-in-jk-25.asp

www.jknewspoint.com/newsdet.aspx?q=11776

PUBLISHES IN, JKNEWSPOINT, GREATERKASHMIR, NORHTLINES, KASHMIR TIMES, PANUN KASHMIR, EARLY TIMES PLUS AND OTHERS..

Public Service Guarantee Act: People's Right to Service

Public Service Guarantee Act: People's Right to Service

http://epaper.kashmirtimes.com/index.aspx?page=7

RAMAN SHARMA

Like the Right to Information Act, the right to Citizens Service law or Jammu and Kashmir Public Service Guarantee Act, 2011 (PSGA) which came into effect from August 2011 is also a pioneering step towards expediting the delivery of services to the people of the State and to fight the menace of corruption. But contrary to the RTI Act, the people are not so familiar with the PSGA or we say it is not so much debated like the RTI.

Though a critical comparison of the Jammu and Kashmir Public Service Guarantee Act 2011 with the Jammu and Kashmir Right to Information Act 2009 makes it clear that the former law is even more citizen friendly and makes each layer of the bureaucracy more accountable besides having provisions for compensation. Recent data released by the State government reveals that till Jan-2013 over 16 Lac applications have been received by departments under the Act.
Under the PSGA, the officers are held responsible not only for delay in delivery of notified service but it is also made clear in the act that any officer who is responsible for providing a service should also ensure that there is no deficit in the service provided to the citizen. Even the appellate authorities are made accountable and the onus is fixed on them to decide the appeals in a time bound manner otherwise like the designated officers (the officers who are responsible to provide service) the appellate authorities can also attract penalties between Rs 250 to Rs 5000 and the citizens who have suffered any loss due to delay in receiving in any service or deficit in service, he may also seek compensation from the officers.

For delay in receiving any service, the citizen can claim out of the amount which is being imposed as fine on the officer and for the deficiency in service a fixed amount of Rs. 2000 can be claimed by the citizen before the appellate authority for the deficit. If a person residing in some rural areas wants to get a new ration card, he has to submit an application with the Tehsil Supply Officer (TSO) of the CAPD and it shall be the responsibility of the TSO to either give new ration to the person within 30 days or reject his application and inform in writing that why ration card cannot be provided. If the TSO fails to provide the ration card within 30 days or if he provides ration card but there is some deficit in the card like, name of the family members, address or any other defect then the citizen who has applied for the ration card can make a 1st  appeal to the Deputy Director of the concerned department with the request to either provide the ration card within stipulated period of time and demanding penalty against the TSO and also demand compensation from the amount of the penalty if imposed on the TSO.
Similarly, if any citizen applies for State Subject/PRC, it shall be the duty of the ACR/ADC or the SDM as the case may be to ensure either provide the State Subject within 30 days or give in writing the reason for not issuing the State Subject Certificates within 30 days.
The aggrieved person in this case also demand imposition of penalty against the concerned officer and ask for compensation for the delay. And even if the 1st appellate authority who in case of state subject shall be the concerned deputy commissioner/DC of the district shall also attract penalty if he fails to take a decision on the appeal within 45 days. At present there are over 80 services relating to around a dozen departments which are being notified by the state government under the present act and these departments are liable to provide the notified service to every eligible person.
Departments that are presently covered under the J&K PSGA 2011 are Police, Revenue, Power Development Department, Public Health Engineering/Water department, Irrigation, Consumer Affairs and Public Distribution, Transport Department, Housing and Urban Development, Municipalities, Forest, Industries, Employment, Medical and Health. The provisions /contents of the act are drafted in a very simple language without any lengthy provisions; there are only 18 main sections in the act with further division in sub sections.
Like the main act, the rules called as Jammu and Kashmir Public Service Rules 2011 also contain only 18 rules without any burden of heavy legal phrases. The rules also recommend 6 kinds of forms for different purposes for which the designate officers have to maintain a proper record.
At district level in all the 22 districts, the Additional Deputy Commissioners are being nominated as nodal officers for the smooth implementation of the of the Act besides 12 senior officers from the notified departments are also being designated as State Nodal officers for the implementation of the act in their respective departments. The state government has also established ‘Public Services Management Cell' in theGeneral Administration Department. This cell headed by an officer of the rank of Additional/Deputy Secretary to Government along with other supportive staff.
The 'Public Services Management Cell’ shall monitor implementation of the Act and Rules and would also coordinate with the departments in the matter of inclusion of different services within the purview of the Act. It shall also arrange capacity building program for the Designated Officers/Appellate Authorities independently or through J&K Institute of Management, Public Administration & Rural Development (IMPA). The cell has also to act as feedback centre regarding results/success stories/failures. The PSMC has been assigned the task to Coordinate quarterly reviews by the Chief Minister and evolve mechanisms for third party monitoring of the implementation of the Act, preferably through NGOs, conduct public awareness camps in the districts through DeputyCommissioners and to give wide publicity to the legislation through print and electronic media.
The state government has shown some sincerity. It has made officers responsible for the smooth functioning of the act. Chief Minister is himself monitoring the quarterly review meetings therefore the act can be a mile stone to bring work culture in the state. There also remain some shortcomings like the departments who are being notified to provide certain services to the citizens lack required manpower and infrastructure resulting which many designated officers are not able to provide the notified services to the applicant in stipulated period of time.
Under the Jammu and Kashmir Public Service Guarantee Act 2011, it is mandatory for the designated officers to display notice boards carrying the information related to the right of the citizens for the service, stipulated period of time, name and particulars of the officers officials who are responsible to receive the PSGA applications but there are many offices where there is no such display of boards.
So far only two officers are being penalized under the act for not providing the services well in time which is obviously shocking because the state government has itself admitted that there are many departments which have pendency of applications under PSGA and where the officers have defaulted in meeting the deadline as enshrined under the act to render the service.
There is an urgent need to strictly implement this act, which is otherwise quite powerful and can be prudent to bring bonhomie between people and the bureaucracy. There must be mass awareness about the act for the citizens and the government officers should also be sensitized to follow this law. More and more training and workshop camps be organized for the purpose. Last but not the least, no law or rule can remain alive without the participation of the citizens therefore people must be informed about this powerful law. The youth and women should become the torch bearer in educating the rural population about their right to service which is now guaranteed under this law. The author is an RTI activist and can be mailed at jkrtiact@gmail.com

http://www.risingkashmir.in/news/psga-peoples-right-to-service-45219.aspx
 

http://statetimes.in/epaper/UI/viewNews.php?Date=2013-04-13&PageNo=6

published in RISING KASHMIR, STATE TIMES, JKNEWSPOINT,  Kashmit Times and others

Should Not Judges Know Law ?

Should Not Judges Know Law ?

SIC skips query on ‘RTI Training’ for Commissioners

JAMMU, 05/APRIL/2013: Jammu and Kashmir State Information Commission has skipped a direct reply on a query where a citizen has asked the Public Information Officer, PIO of the Commission about the Training sessions on RTI Act that are attended or gone through by the State Chief Information Commissioner and other Information Commissioners.
Information seeker Shakti Sharma in assistance and guidance of RTI Activist Deepak Sharma, in his RTI application dated 21/01/2013 along with other queries asked the PIO of the commission to divulge the information regarding the RTI Training Programs attended/undergone by the Information Commissioners but to utter surprise instead of providing the asked information in the format it is asked, the PIO vide his office letter no. SIC/PIO/CO/05/2013/158-59 informed the applicant“The Act does not cast any such obligation on these statutory authorities”. The activist Deepak Sharma expressed displeasure over the reply of the officer of the Commission and has termed it as ‘very unfortunate and serious’. Deepak said, The State Information Commission is not only competent authority but also duty bound to promote and enforce the practical regime of Right to Information and bring transparency and accountability in the working of every Public Authority, therefore the officers of the commission themselves should also respect the law and rights of the citizens which are being provided by the constitution. People have the right to know whether Honorable Commissioners have undergone the basic RTI training or not. If the reply of the Public Information officer is true that in the act there is no obligation for the RTI-Judges to undergo training then we would urge the State Government to amend the law and make it mandatory that the Judges who have been appointed to deliver judgments and provide justice to the information seekers under RTI Act , should have attended or gone through of RTI Act related trainings or at least should be mandatory for those judges who have no background of law , the activist emphasized. It is pertinent to mention here that at present there are 3 Judges in the State Information Commission including Chief Information Commissioner, GR Sufi who was an Income Tax Officer, IC Nazir Ahmed who comes from an engineering background and only IC Dr. SK Sharma have a law background as he was head of the law department of Jammu University.
published in JK Newspoint, MoneyLife and other newspapers.

JAMMU AND KASHMIR GETS RTI LOGO

Jammu and Kashmir State Information Commission has recently in the ending march,2013 unveiled State RTI Logo.

JK RajBhavan Claims ‘Privilege’ Rejects RTI Plea

JK RajBhavan Claims ‘Privilege’ Rejects RTI Plea

Jammu, 31/March/2013:  Jammu and Kashmir Governor’s Secretariat has rejected an application under Jammu and Kashmir Right to Information Act  stating that Governor’s office is  a privileged Office and thus the asked information cannot be made public. Turning down the RTI plea of activists Raman Sharma, Public Information officer, OP Bhagat who is also deputy secretary to the Raj Bhavan vide his office   letter no. GS-3(RTI-Apl) III/09-13/877 dated 12/March/2013 has informed the applicant that the office of Honourable Governor is the privileged Office thus the information pertaining to delegation and information about the criteria adopted by the Raj Bhavan for allowing  appointment with the Governor cannot be made public under section 8 of the Jammu and Kashmir Right to information Act 2011. 

Earlier in his RTI application dated 06/Feb/2013, the applicant Raman Sharma has asked the Public Information officer of the governor secretariat to provide information related to total number of individuals and delegation that met the Governor and total number of Represenation/Memorandum received by it during the period Jan-2010 to till date and the norms/criteria adopted by the Raj Bhavan in allowing permission to the appointees to seek appointment with the governor. He has also asked about the particulars of the officers who are responsible to decide to allow or reject appointment requests. It was also asked by the applicant that whether any preference is given to any kind of individuals or delegation for appointment with the Governor.

Disappointed with the response of the J & K Raj Bhavan, applicant Raman Sharma has now moved first appeal before the Principle Secretary to the Governor where Sharma has contested the claim of the PIO in refusing the RTI application. Sharma vide his appeal dated 28/March/2013 has stated that  the argument given by the respondent is neither justifiable nor hold any legal weight as in his rejection order. the respondent (PIO) had  cited Section 8 of the J&K RTI Act, 2009, for not sharing the information to the applicant and claimed that office of governor is privileged one. Though there is no denial that the office of Governor is one of the “Highest Constitutional Office” in any state including J&K, but as per the Jammu and Kashmir Right to Information Act, 2009, it is not specifically mentioned that office of governor is exempted from providing any sort of information. Hence the reason of ‘privilege’ cannot be claimed here while dealing an RTI application. In his appeal the applicant has also countered the argument of the PIO that nowhere in the Section 8 cited by the PIO, it is mentioned that information related to delegations/ individuals meeting with the governor can be denied to an information seeker.  “Sir, the information sought by the information seeker is purely in larger public interest and would promote transparency and accountability of the Public Authority, which is well defined in the preamble of the J & K RTI Act, 2009”, the applicant has submitted.  Raman in his 1^st appeal has also reminded the Raj Bhavan that almost every day the State Information and Publicity Department issues press notes and photographs showing the Governor with the visiting individuals/ NGO/ dignitaries/ senior bureaucrats/ politicians/ educationists/ artists and other, the news and stories are often being published regarding the delegations meet with the governor. Hence the sought information is itself made public by the Raj Bhavan therefore the claim of ‘privilege’ holds no logic and justification therefore the present applicant cannot be denied the sought information.

published in Moneylife, JK Newspoint, Northlines and other Newspaper on 01/April/2013

Unfortunate Suggestion by J & K CIC GR Sufi to weaken RTI Act

Misuse of RTI act can be checked: J&K CIC

10th/March/2013, Zee News

Aurangabad: Chief Information Commissioner of Jammu and Kashmir GR Sufi on Sunday said that the misuse of RTI act can be checked if a provision is made in the law that any information or record would be open for access to public only for three years. 


GR Sufi, Chief Information Commissioner, J & K



Sufi was speaking at a meeting at Dr Rafiq Zakaria Campus here today.    

He said that the way out could be if information under RTI is allowed to be accessed only for three years to public and later only if there is judiciary requirement or any such important reason.

http://zeenews.india.com/news/jammu-and-kashmir/misuse-of-rti-act-can-be-checked-jandk-cic_834245.html

 Published in Zee News, PTI, Business Standard and others on 10th/March/2013

DoPT blazes a trail, allows RTI online

Postnoon | March 7, 2013 : In a surprise move, the Department of Personnel & Technology has become the first in all government departments to accept RTI applications filed online. While the DoPT has been instrumental in helping the Central government's many attempts at diluting the RTI Act's powers, the move comes as a surprise. What is more interesting is that many other departments are ready to follow suit after the DoPT's move.

The novel feature can be accessed by enrolling at the website www.rtionline.gov.in. Payment details and confirmation receipts can also be obtained online, which ensures complete transparency and protects the identity of the applicant. Activist Rakesh Reddy Dubbudu says, "It is a welcome move and we hope that other departments too begin to accept RTI requests that are filed online.This has been something that has been demanded from all quarters for quite a while now." He, however, adds that the RTI can only be effectively used when people are ready to fight from the ground level.

Published in Postnoon on 07/Mar/2013: http://postnoon.com/2013/03/07/dopt-blazes-a-trail-allows-rti-online/112757

---------------------------------------********************************************************-------------------------------------------------------------------------------

RTI in UPSC

The new format of the Group 1 Civil Services has included Ethics and Integrity and Right to Information in its syllabus. The new paper has laid emphasis on these two topics while laying a special coverage of the RTI Act beginning from the philosophical basis of governance and probity, to work culture, citizens charters, utilisation of public funds, challenges of corruption etc. DoPT has also changed the marks distribution of papers and increased the number of compulsory subject papers of general studies for the main examination. From Civil Services (Mains) exams, 2013, there will be four compulsory general services papers of 250 marks each, in addition to two optional papers of 250 marks each.

Earlier, there were two compulsory papers on general studies and two optional papers of 300 marks each. Total marks for the main exams will be 1,800. The paper on essay and English comprehension will continue to be of 300 marks. This decision was headed by Professor Arun S Nigavekar former chairman of UGC and the changes were granted by the prime minister. The prelims of the UPSC Group 1 exams will be held on May 26 and the last date for application is April 4.

Published in Postnoon on 07/Mar/2013: http://postnoon.com/2013/03/07/dopt-blazes-a-trail-allows-rti-online/112757

JK Activist approaches NHRC seeking action against 'Brutal Cops' of Punjab Police

NL Correspondent Jammu, Mar. 05: Demanding stern action against the brutal cops of Punjab Police who have been caught on camera assaulting a helpless young girl there in Taran Taran town of Punjab, a Jammu based RTI activist has approached the National Human Rights Commissing against the Punjab Police personnel. In his online petition to NHRC, activist Raman Sharma has sought the intervention of the Chairman of the Commission in this inhumane act. He has submitted, "In Tarantaran on 04.03.2013 three to four well build policemen surrounded a young girl and mercilessly beaten her on road with batons and slaps allegedly for her complaining against some ones for sexual harassment. Sir, these Policemen have crossed all the limits of humanity and a question mark is raised that are we living in a civilized country where such scenes and happenings defame country in the global world apart from causing sensational panic amongst the innocent citizens regarding brutality by goons in uniform? Beating of a girl, that too by male policemen, cannot be justified and allowed even if the victim may be at fault". The activist in his 9 points demand besides demanding termination of all the delinquent officers and arrest has also asked the NHRC chairman to place the concerned SSP under suspension for appointing such insensitive officers at public place who had no respect for citizens and the law. Sharma has also asked the Human Rights Panel Chairman to put the Director General of Punjab Police also on notice for not imparting human rights training to the officers who are deputed in Police Stations and other places of public dealing. The home secretary of the Punjab State should offer a public apology to the girl and ensure her security along with a suitable compensation for the harassment and brutality. Raman has also urged the NHRC to issue a circular that if in future any policemen found indulged in such heinous crime of even touching a women or beating a women comes into notice his services would be terminated without any explanation. Human Rights law training should be made compulsory for all officers/official before their appointments at Police Stations or any other public dealing place. http://www.thenorthlines.com/newsdet.aspx?q=63309 ..................................................... JK RTI Activist approaches NHRC, seeks dismissal of PP cops GK NEWS NETWORK Jammu, Mar 5:  Demanding stern action against the   cops of Punjab Police who were   caught on camera assaulting a   young girl   in Tarantaran town  , a Jammu based RTI activist has approached the National Human Rights Commission seeking immediate dismissal of the erring policemen.  RTI activist, Raman Sharma, filed an online petition with the NHRC seeking the intervention of the NHRC chairman in providing justice to the victim girl.     The activist in his 9 point petition,  demanded  termination of all the cops involved in the attack  and suspension of  concerned SSP . Sharma has also urged  the Human Rights Panel Chairman to put the Director General of Punjab Police   on notice for not imparting human rights training to the officers who are deputed in Police Stations and other places of public dealing. The home secretary of the Punjab State should offer a public apology to the girl, ensure her security along with a suitable compensation for the harassment and brutality. Raman has also urged the NHRC to issue a circular that   any policeman   found indulging  in such heinous crimes  in future would be terminated without any explanation, besides making  Human Rights law training   compulsory for all officers/officials before their appointment  at Police Stations or any other public dealing place. http://jammu.greaterkashmir.com/news/2013/Mar/6/jk-rti-activist-approaches-nhrc-seeks-dismissal-of-pp-cops-62.asp ---------------- published in Norhtlines, Greater Kashmir, JK Newspoint and others on 06.03.2013

RTI to go online this month, govt to launch epostal orders

Aloke Tikku, Hindustan Times, New Delhi, March 03, 2013:  Your right to information is taking a big leap, into cyberspace. The government will launch two web portals this month to enable citizens to file their information requests and receive responses over the web. The move will coincide with the department of posts launching an electronic version of postal orders, giving Indians abroad the option to pay for the information using postal orders. The e-postal order would initially be only available to Indians abroad and would be later extended to everyone living in the country.

The postal department's project is largely aimed at Indians abroad and is the outcome of RTI activists who complained about their inability to file RTI applications from foreign countries.

It is the second project - driven by the Department of Personnel and Training - that could change the way most people file RTI applications. It enables information applicants to pay Rs. 10 fee using a credit or debit card. Once the system stabilizes, applicants in India too can use the e-postal orders like the NRIs.

RTI activist Lokesh Batra - one of those who nudged the government to issue e-postal orders - said he was glad it was finally becoming a reality.

The online applications would initially start with DoPT and would be gradually expanded to cover all public authorities under the central government.

Government sources said the project to let people file online applications was in line with state minister V Narayanaswamy pushing officials to raise the transparency bar. In fact, the source said, it was on account of the minister's insistence that the department had started uploading some orders on its website.

Narayanaswamy envisaged a situation where the department would upload every order issued by his ministry at the end of the day. Once this target was achieved, he intends to persuade other departments to replicate their transparency model.

source: http://www.hindustantimes.com/India-news/NewDelhi/RTI-to-go-online-this-month-govt-to-launch-epostal-orders/Article1-1020575.aspx

Enact ‘Fire Safety Act’: Activist approaches SHRC

Enact 'Fire Safety Act': Activist approaches SHRC

Newspoint Bureau, 05/March/2013

Jammu Tawi: Deepak Sharma, a Jammu based Human rights activist has approached J&K State Human Rights Commission seeking its direction to the state government for enacting 'Fire Safety Act' in the state. The activist in the complaint filed to the human rights panel, has submitted that the State Government is ignoring the safety of its citizens from fire accidents in the absence of 'Fire Safety Act' in the state and prayed to the State Human Rights Commission to issue appropriate directions to the State Government to enact 'Fire Safety Act' at the earliest to protect the fundamental right of 'Right to Life' of innocent citizens of the state and to avoid any tragic fire accident. While appreciating the role of Fire and Emergency Services Department in saving the lives and properties of the people in case of fire accidents, the activist alleged that though there exists Fire and Emergency Services Department in the state but in the absence of any 'Fire Safety Act', the department remained not more than a recommendatory body and hence not able to take any action in case of non compliance of the recommendations.

The department in one of its communication to the activist has shown its helplessness to take strict action against the defaulters and admits that since there is no stringent enforcement as on date in absence of Fire Act, as such the department only issues the recommendations for adopting fire safety measures but these recommendations are not taken seriously by the concerned and also since they are not vested with the power to inspect whether the recommendations has been complied or not , most of the times the recommendations remains only on papers.

http://www.jknewspoint.com/newsdet.aspx?q=9210

Also Published in JK Newspoint, The Northlines and others on 05/March/2013

Valid RTI Plea rejected on flimsy Ground by Resident Commission, Twice

After 4 years of RTI filing , Resident Commissioner pretends ignorance of rules

Valid RTI Plea rejected on flimsy Ground

GOF Staff Reporter

3/4/2013 10:39:33 PM

New Delhi/Jammu, March 4:
Despite completion of 4 years of implementation of Right to Information Act in Jammu and Kashmir, yet many officers even do not know the basic rules of the Act and are harassing the innocent information seekers due to lack of their knowledge about the law. In a bizarre incident of its kind the Public Information Officer, PIO of Resident Commission of Jammu and Kashmir Government at New Delhi rejected the RTI application of an applicant not just once but twice.
On 4/Dec/2012, RTI Activist S Balvinder Singh through registered post submitted an RTI application with the PIO, Resident Commissioner, of JK Government at 5, Prithvi Raj Road New Delhi along with stipulated fees of Rs. 10 in shape of Indian Postal order. But shockingly, his RTI plea was turned down by the concerned officer citing deficiency with a note “ the application is not written on the prescribed perform”. Though the applicant again apprised the said officer with his letter on 7/Jan/2013 that there is no such rule or performa for any RTI application in existing RTI rules, 2012 issued vide SRO no 279 last year, the applicant had even sent one photocopy of these rules to the officer for knowledge.
Again to his surprise, the applicant received another rejection letter signed by Nitasha Singh, Under Secretary at RC, New Delhi, in this rejection letter, the officer vide her letter no. KRC/Misc/53/2010/366/13 dated 06/02/2013 has demanded Rs. 100/- for providing information and have returned the RTI application in original along with the fees of Rs. 10/- (IPO).
Irked over the deliberate attempts of the PIO to suppress the sought information, the applicant, RTI Activist in a written complaint with the Jammu and Kashmir State Information Commission has urged the Chief Information Commissioner GR Sufi to take necessary action against the delinquent officers who are hell bent to deprive the citizens of their fundamental rights and over rule the law that is passed by none other than the State Legislature to bring transparency and accountability in the system. In his complaint to the commission the activist has also submitted to the Commission that copies of all the order/rules/legislations passed by the state government of Jammu and Kashmir are also copied/despatched to the Resident Commission at New Delhi for favour of Information and their casual approach must be dealt strictly to avoid any further harassment to any other citizen.

http://www.glimpsesoffuture.com/newsdet.aspx?q=21486

published in Glimpse of Future, JK Newspoint, The Northlines and many more on 05/March/2013

ASCOMS--Batra Hospital declared as Public Authority

SIC declares ASCOMS Public Authority, asks to ‘Follow RTI Act’

GK NEWS NETWORK

 

Jammu, Mar 1: In a landmark judgement, the Jammu and Kashmir State Information Commission on Friday declared State’s only Private Medical College, ASCOMS, Acharya Shri Chander College of Medical Sciences at  Sidhra, Jammu (often known as Batra Hospital, ) as a Public Authority as defined under the provisions of the Jammu and Kashmir Right to Information Act 2009.
The State Information Commissioner Dr S.K Sharma while deciding the case has held that ASCOMS possess the essential elements/ingredients of section 2(f)(4)(a) &  (b) which is substantially financed by the government and controlled by the different agencies under the state government. The Medical Council of India, University of Jammu, Board of Professional Entrance Examinations, (BOPEE) and Health and Medical Education Department of state government play an important in regulating its activities including professional and academic standards. It is, therefore, covered by the regime of RTI Act and can be called a Public Authority.
In its judgement the commission has also mentioned the facts submitted by petitioner Sardar Balvinder Singh,
RTI Activist, where in he has stated that the land on which the said institution stands constructed  has been leased  to the ASCOMS at a very nominal rate of Rs 5000, (five thousand per kanal )and Rs. 50 per Kanal rent annually against the then market value which was ten time higher than the leased rate. 
The State Information Commission has directed the Director/Principal of ASCOMS to designate Public Information Officer, PIO and First Appellate Authority at the earliest under section 5 of the Jammu and Kashmir
Right to Information Act 2009 and also to comply with the mandate of section 4 of the RTI Act by 30th of April/2013. And also directed the respondent to provide the Information sought by the information seeker within one month of the pronouncement of this order of the commission.
The commission has also directed the ASCOMS to allow to inspect the records in case the information sought by the applicants is voluminous in nature and be provided copies of documents required by them if any on payment of fees as prescribed in JK RTI Rules 2012.

http://www.greaterkashmir.com/news/2013/Mar/2/sic-declares-ascoms-public-authority-42.asp

published in Greater Kashmir, Kashmir Times, Daily Excelsior, JK Newspoint, Northlines, Glimpse of Future and many other newspapers on 2/March/2013

RTI Activists demand adequate staff for SIC, Inclusion of Act in Curriculum

Newspoint Bureau, Jammu Tawi, February 27: 
In a joint statement issued by Sangarsh RTI Movement and JK RTI Movement, the activists of both the organization have urged the Chief Minister Omar Abdullah to ensure adequate staff to the Jammu and Kashmir State Information Commission (RTI Apex body) they have stated that due to lack of manpower the commission is not able to perform its functions and duties properly as required under the act and ultimately the innocent information seekers suffer.
Though in this regard
the State Information Commission have repeatedly urged the state government for providing adequate number of legal experts, ministerial staff and other necessary members but the government gave a deaf ear to the genuine demands of the commission.

Jammu and Kashmir State Information Commission, Jammu.

The Chief Minister has also been requested to issue necessary directions to all the ministries and Officers for strict compliance of all the provisions of the J & K RTI Act 2009 and also to honour the direction and orders of the Information Commissioners in true letter and spirit. The activists have alleged that at present many officers do not comply with the orders and direction of the State Information Commission.
The activists have also reminded the state government about its promise made on the floor of the State Assembly in budget session of 2010 where it had been assured that State government would ensure inclusion of RTI Act in the Academic Curriculum at School and University level but that promise has not been fulfilled yet. This joint statement is being issued by Sardar Balvinder Singh, Convener Sangarsh RTI Movement, Dr. Shiekh Ghulam Rasool, Convener, JK RTI Movement, RTI Activist Raman Sharma, Deepak Sharma, Advocate Dewaker Sharma, Vilakshan Singh, Advocate, Jammu and Kashmir High Court and Social activist S. Harasis Singh Kranti.
http://www.jknewspoint.com/newsdet.aspx?q=8835
published in JK Newspoint, Northline, Kashmir Times and others. on 28/Feb/2013

RTI Activist demand probe against State Information Commisison's Officer

Inordinate Delay Of  7 Months In Posting Complaint

RTI Activist demand probe against SIC’s officer

Jammu, 22/Feb/2013: RTI activist Raman Sharma has demanded action against the responsible officer of the Jammu and Kashmir State Information Commission for unnecessary delay in presenting his case before the Chief Information Commissioner GR Sufi. In this regard a formal complaint dated 4^th/Feb/2013 has been made to the State Chief Information Commissioner demanding probe and action against the officer(s) of the Jammu and Kashmir State Information Commission who are responsible for an inordinate delay of more than 7 months in posting and presenting a complaint of the applicant before the State Chief Information Commissioner.

Giving brief about the case, RTI activist Raman Sharma informed that he has urged GR Sufi to order a probe to pin point the  officer(s) of the JKSIC who was responsible for presenting his complaint before the CIC which way lying with the commission for more than seven 7 months . Moreover even after one hearing of the case in Dec/2012, the applicant was never briefed, informed about any decision/order or present status of the complainant’s case.

The Northlines

The applicant has been kept out of the loop. Activist further divulged that earlier he had submitted a complaint with the commission on 16/May/2012 against a Public Authority for not following section 4 of Jammu and Kashmir Right to Information Act 2009 and sought a direction in this regard. But for the reason better known to the officers of the State Information Commission, this complaint was presented before the CIC only in the month of December 2012 only after a number of requests from the applicant himself. Taking strong note of the complaint of the RTI activist Raman Sharma against the officers of the Information Commission, GR Sufi has ordered a probe in this matter. It is pertinent to mention here that though under the provisions of Jammu and Kashmir Right to Information Act 2009, though there is no time limit fixed for disposal of complaint under section 15, but unnecessary delay of more than 7 months without any justification must be investigated and the officer/official responsible for this delay must be dealt strictly, Raman Stressed.

Published in Rising Kashmir, Kashmir Times, Earlytimes, The Northlines, State Observer and many others o 22.02.2013.

http://www.risingkashmir.in/news/rti-activist-demands-probe-against-sics-officer-42140.aspx 

Kashmir Times..

J & K : RTI Activists conduct Inspection of Ranbir Canal

Activist during Inspection of the Canal along with the officers

Jammu,13/Feb/2012: Today , Balvinder Singh, Convener Sangarsh RTI Movement alongwith RTI Activist Raman Sharma inspected de-silting works at various sites of the Ranbir Canal at Jammu-Akhnoor Road. The senior officers of the Irrigation department including Sh.SK  Lakhnotra, AEE Sub Division Domana, Sh. Chander Shekhar, AEE Sub Division Mishriwala, AE’s and other technical officers of the  of the department were also present during the inspection. The activists appreciated the department for allowing and cooperating with them in conducting the inspection under the provisions of the Jammu and Kashmir Right to Information Act, 2009. Giving brief details about the Inspection, Balvinder Singh informed that after receiving certain complaints from the farmers and locals about certain discrepancies in the de-silting works, he had filed an RTI application with the Public Information officer of the Irrigation department last month and has requested to hold an inspection. Balvinder Singh informed that the motive of the inspection was to have first hand information about the ongoing work. 
Though by an large the inspection exercise was satisfactory but the all the works were carried out without obtaining any Technical Sanctions and in some cases the department have also taken up the works without inviting tenders thus violating the lay down norms and guidelines issued by the state government from time to time. Activist, Raman Sharma who was also present during the inspection congratulated the government and the officer of the irrigation department for honouring the provisions of the Jammu and Kashmir Right to Information Act 2009, he termed it as good sign of government-public bonhomie particularly steps towards participatory democratic system where the ordinary citizens also have equal rights in all developmental process.  The activists have also requested the department that they may also be allowed one more inspection after the de-silting work but before the release of water in the canal.

also published in Kashmir Times, Early Times, JKNewspoint, Northlines, Journeyline, Daily Udaan, Rising Kashmir and other on 14th/Feb/2012

Daily Udaan

Kashmir Times

Why innocent citizens of J&K being defamed?

Official Diktat ‘Only One Sim’ Published in JK Newspoint, Earlytimes, State Observer, Northlines and others on 4th/Feb/2013

Raman Sharma

To hide their failure in dealing with the terrorism and intelligence information gathering mechanism now the government agencies instead of strengthening their own system are putting the onus on innocent citizens. A new diktat has been issued by the Department of Telecommunication perhaps on the behest of union government where all the telecom service providers are being asked for mandatory police scrutiny of every person applying for a second mobile phone connection in J&K State. This is not the first time that  J&K's innocent citizens/ mobile phones subscribers are put on the radar of the intelligence and security agencies. Though one may understand that there might be some logic for this order because we are having a hostile neighbor but can anyone at the helm of affairs in Union Home Ministry tell that why this diktat given so wide publicity worldwide that people of J&K cannot have 2nd mobile connection. Before taking such harsh decisions our bureaucrats should also consider global pace of technology, today the people around the world are enjoying and benefitting with the IT revolution but here in state we are pushing out people to the stone ages. Do we the people Jammu and Kashmir do not deserve the same treatment as our friends and brothers enjoying elsewhere in the world or at least in the country? Are we the people of Jammu and Kashmir less nationalistic or the authorities have made their minds that we do not belong to the nation? Such bizarre decisions at the first hand then the wide publicity by some incompetent officers not only defame the entire state of Jammu and Kashmir but also brings a sense of alienation amongst the people of the state. Why every time the people of Jammu and Kashmir need to prove that they are not terrorists? Why no action was taken against the officers and officials of intelligence and security forces deputed there when last year a long tunnel was exposed by a young boy there near international border in Samba sector of Jammu. Instead of strengthening their own man mechanism the unnecessary and arbitrary orders are issued which directly or indirectly hurt a common man. How a state or nation can run when it does not trust its own people. Why only the state of Jammu and Kashmir become the laboratory for experiments, are the people of this state not human beings, don't we have the feelings, emotions of nationalism and patriotism ?. If yes then the government needs to think seriously before issuing such  dictates which obviously put a question mark on the integrity of the people of this state. Whenever and wherever required we the citizens offered our support and assistance to the agencies but the reciprocation remained very mild. Jammu and Kashmir is not only terrorist hit state in India, there are other state also where a number of terrorist incidents have happened but the officers and politicians cannot dare to put an interrogation mark on the people of those states, why SMS services and Pre-Paid connections were not barred in New Delhi after High Court Blast, why no police verification for  people of Mumbai when they buy of mobile Sims despite horrific terrorist incidence of 26/11 in 2008, then why only we the people of Jammu and Kashmir targeted repeatedly.  The State government should also come out of its deep slumber and convey its displeasure to the union government for depicting the people of J&K in bad color and taste. This news of police verification would further humiliate the people of Jammu and Kashmir whenever any person of the state would visit any other city or town of India. He would be looked and treated as 'Criminal'. We already know how does the police of other states treat the people of Jammu and Kashmir and this new propaganda by some incompetent officers would obviously lower their image further and make life of our people miserable. Here I would also urge the union government that they must brace up the system rather that  taking such anti-people decision which are obviously contrary to the constitutional provisions and violate fundamental principle of right to equality and to live with dignity.  About Raman Sharma, he is an RTI Activist an can be reached [a] jkrtiact@gmail.com, mobile, 9796811012. http://www.jknewspoint.com/newsdet.aspx?q=7159

Police headquarters mum despite several reminders from CM office

         Tribune News Service

                        Call for installation of police complaint boxes 

           Jammu, February 4/2013

A Jammu-based activist Raman Sharma has accused the state Police Headquarters of maintaining a silence on installation of police complaint boxes at police stations and main markets of the state.

Sharma, who has filed a petition with the Chief Minister Grievance Cell, said that the police on the directions of the then Director General of Police (DGP) had installed various complaint boxes or mail boxes outside every police station and in the main markets in each town of the state a few years ago where the citizens can directly submit their complaint to the Director General of Police.

Initially, this initiative by the police gathered lot of attention and bridged the gap between the police and people, but slowly, due to negligence of junior officers of the department, these complaint boxes gathered dust and ultimately became defunct, he alleged.

To awaken the police authorities from their deep slumber, he said he filed a petition with the Chief Minister Omar Abdullah through his Grievance Cell on December 29, 2012.

“Unfortunately, for the last 1 to 2 years, these co plaint boxes have either been removed or in some cases damaged and even without any lock. I urge the Chief Minister that the state police department should be directed to ensure installation of these complaint boxes and also for necessary service of the damaged complaint boxes,” Sharma said.

He said that Chief Minister’s office, within two days, forwarded it to the Director General of Police (DGP), but despite four reminders since then, no intimation had been received from the police headquarters.

He questioned the silence of police headquarters on the issue and urged the Director General of Police to issue directions to his officers for installation of complaint boxes at the earliest.

http://www.tribuneindia.com/2013/20130204/jmtrib.htm#7

IMPA Conducts RTI Training Program for Civil Society

IMPA conducts RTI training prog for Civil Society

Excelsior Correspondent

JAMMU, Nov 30/2012:  Jammu and Kashmir Institute of Management, Public Administration (IMPA) and Rural Development, with the assistance of J&K State Information Commission, organised a one-day RTI awareness-cum-training program here at IMPA Conference Hall, Sidhra, exclusively for the members of Civil Society.

Inaugurating the event, Course Coordinator and Faculty member, Dr Rachna Goswami, welcomed the participants and apprised them about the Global RTI scenario. She informed that presently there are over 70 countries around the world where this transparency law is in operation and in more than other 50 countries, a similar kind of law is in pipeline.

Comparing the Indian RTI Act with other countries, Goswami said we have best piece of legislation across the world whereas other faculty member and prominent RTI activist, Raman Sharma through his power point presentation explained the importance of this Transparency Law. He said that RTI Act is not only to unearth scams and corruption in the system but also helps the administration to develop a habit of management and proper record keeping.

During the interactive session, both Goswami and Sharma replied various queries of the participants. Later Course Coordinator along with other senior participants awarded certificates to the participants.

http://jammu.greaterkashmir.com/news/2012/Dec/1/rti-awareness-program-held-at-sidhra-12.asp 

also Published in Greater Kashmir 

RTI awareness program held at Sidhra

GK NEWS NETWORK

ammu, Nov 30: Jammu and Kashmir Institute of Management, Public Administration and Rural Development with support from J&K State Information Commission, today organized a one day RTI awareness-cum-training program for the members of the civil society at the IMPA Conference Hall Sidhra.
The programme, inaugurated by Course Co-coordinator and faculty member Dr Rachna Goswami, witnessed participation of a large number of civil society members.  
Speaking on the occasion, Goswami welcomed the participants and apprised them about the Global RTI scenario. She informed that presently there are over 70 countries around the world where this Transparency law was in operation and in more than other 50 countries, the similar kind of law are in the pipeline.
While comparing the Indian RTI Act with other 

countries, she said, “We have best piece of legislation among all the countries around the world”.
  Prominent RTI activist Raman Sharma also explained the importance of the Law. Sharma said that Right to Information Act is not only to unearth scams and corruption in the system, but it also helps the administration to develop a habit of management and proper record keeping.
He further highlighted   genuine grievances of the Public Information Officers in dealing with the RTI applications in absence of adequate infrastructure and manpower. 
He also urged the state government to provide adequate facilities and incentives to the PIO’s so that this law does not remain merely a piece of paper. During the interaction session, both Goswami and Sharma replied various queries of the participants during interaction session.
Later, Course Coordinator along with other senior participants gave away certificates to the participants.

In Tribune