Precautions before J & K Municipal Elections!

Implement 74th amendment, ensure security  before Municipal Elections!

Raman Sharma

The State government must consult security experts before announcing elections to urban local bodies of the state but as an ordinary citizen if I am asked to opine, I would suggest and urge the Chief Minister Omar Abdullah not to take any decision in haste and then repent as now the state government might be repenting because what is happening with the innocent Panchayat member, so far 6 elected village heads have been killed besides attack on others. Even the female members are not spared by the unidentified gunmen and the state government yet not have come to any conclusion that who is actually attacking these basic pillars of the democracy. The Panchayati Raj Institutions in absence of Block and District Level Panchayat Boards are incomplete and remain powerless in absence of implementation of 73rd amendment of constitution in the state. This submission to adjourn elections must be taken in right perspective and considered with open mind. The media reports suggests that the state government is eager to conduct elections to the urban local bodies any time now and their decision is not with the intention to devolution of power but due to the fact that in absence of elected urban local bodies a huge chunk of funds from the central government are not allotted to the J&K government and these funds can be released only if there are elected bodies in the state. Already financially constrained state like ours cannot afford to loose these central funds and this is the reason that now the coalition government is mulling for the election to municipal bodies but the decision makers must keep it in their mind that they have failed to protect the lives of innocent Panchayat members and the Chief Minister and his other cabinet colleagues have already expressed their helplessness to protect and provide security cover to all the elected panches and sarpanches. A petition in the National Human Rights Commission is pending with a demand that the government of India and particularly the state government must take steps to bring a sense of security to the elected panchayat members and their family members who are living under fear psychosis. Therefore it is expected from Chief Minister and his government that at least this time they do not put the lives of contestants into any risk and the Municipal Elections should be held only and only when the state government and its agencies are sure that they are able to protect the successful candidates and the elections are not just to receive the funds from the central government and then these elected people are left at the mercy of the terrorists. We the people do not need a new institution just created merely for the monitory benefits and then after leave it as an orphan body. Therefore the State government must assure it to the people of the state that it would own the responsibility of safety and security of the lives of the contesting and winning candidates in Municipal Elections. If the state government takes full responsibility that it would be able to provide security to all the people who would participate in these elections then people would appreciate the decision of holding Municipal Elections. No one is against democracy or elections and every right thinking person want to see the basic institutions of the democracy to flourish in the state. Besides security, the elections without implementation of 74th amendment of constitution in the state is furthermore of no use because without 74th amendment local bodies remain weak and ineffective on account of a variety of reasons, including the failure to hold regular elections, prolonged supersessions and inadequate devolution of powers and functions. Without proper implementation of this provision Urban Local Bodies shall not able to perform effectively as vibrant democratic units of self-government. It is only 74th amendment that ensures and guarantees certain protections to the Urban Local bodies as it maintains footing the relationship between the State Government and the Urban Local Bodies with respect to the functions and taxation powers; arrangements for revenue sharing; Ensuring regular conduct of elections; ensuring timely elections in the case of supersession; providing adequate representation for the weaker sections like Scheduled Castes, Scheduled Tribes and women. Otherwise the state government on the pretext of one reason or the other deprive these urban local bodies of required funds, the government without any laid law defers elections sine die and for political gains announce elections keeping the vote profit and loss account into consideration. The political establishments in the state also must justify the reason for disparity that why for the members of the state legislative assembly and the council the tenure is fixed for 6 years but for the Panchayat members and the elected councilors, corporators of the municipal bodies the tenure is only 5 years. For political convenience the rules are amended and accepted by the politicians without any logic or justification. This is apathy that the political parties here in J&K do not want to implement the pro-democratic, pro-power devolution law for the municipal bodies (74th amendment ) as it also has the provision that gives the urban local bodies the Power to impose taxes for funds for the municipalities. It make it mandatory for the state legislature to authorise a municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits as assigned to a municipality such taxes, duties, tolls and fees levied and collected by the state government. The state government and the political parties here do not want to give financial autonomy to these bodies because once these institution are made financially independent then the state will cease to interfere in their day to day activities. There is also a provision of Finance Commission, who would review the financial position of the municipalities, the finance commission would be the same which would be constituted under the Panchayati Raj with implementation of 73rd amendment, the finance commission besides Panchayati Raj Institutions shall moreover make recommendations to the governor for the municipalities taking care of the needs and requirements of these institutions of self-governance. Let's hope good sense prevails amongst the political bosses of the state and the people at the helm of affairs do not customary announce municipal elections without making necessary arrangements for the security and the implementation of 74th amendment. About Raman Sharma, he is an RTI activist and can be reached [a] jkrtiact@gmail.com,Mob: 9796811012. published in The North Lines, JK Newspoint, Journey Line, Sree Times and many others..... http://epaper.journeyline.in/archives.aspx?date1=4/28/2013&page=6 http://www.jknewspoint.com/newsdet.aspx?q=12455

Panchs, Sarpanchs Decry Security, Empowerment: …But Coalition Partners Eyeing 'MISSION 2014'

Kashmir Times

Panchs, Sarpanchs Decry Security, Empowerment

…But Coalition Partners Eyeing 'MISSION 2014'

Raman Sharma    

Now it has been almost two years that the state coalition government is orchestrating so loud and making promises to the 33,000 elected Panchayat members that the NC-Congress government is quite sincere in strengthening the Panchayati Raj Institutions in the State but beyond this lip service and formulation of so called expert panels nothing tangible has been done to give a sigh of relief to the elected village heads who before the elections were shown a very glowing picture and were made to believe that after elections they would not only be given an opportunity to be a part of the basic democratic units but also enjoy power devolution and would also be able to serve their respective constituencies (Halqas). But this Cup of extra sugared Coffee never reached the Lip and in cold war between the National Conference and Congress Party the village heads are rendered helpless to suffer between the tug of war between Nation's oldest Party and the state's oldest Party. Right from Congress Party's National top Brass like Rahul Gandhi to State unit of party headed by Professor Saifudin Soz, the party projected itself as pro-Panchayats and made public announcements that the party would do whatever necessary to implement 73rd amendment of Indian Constitution here in J & K to strengthen Panchayati Raj Institutions. On the other side, the National Conference also assert for strengthening the local self governance units in rural areas but with a caveat that because of article 370 the Indian laws cannot be directly extended in the state.

Anyhow, once again 2 months ago another so called expert panel of Congress Party has submitted its recommendations to the state government for strengthening the PRI's and on the name of further study the report, the state government ordered formulation of another commission having members from the rural development and Panchayat ministry . This commission comprising of bureaucrats has also submitted its report and recommendations to the state government but yet the government is not taking any decision and still trying to buy more times. It is pertinent to mention here that earlier also the state government hired the services of Delhi based NGO to suggest recommendations and to make a critical comparison between the Jammu and Kashmir Panchayti Raj Act and the Union Panchayti Raj Law. Unfortunately the state government never ever made this report public which has suggested so many positive recommendations and underlined many shortcoming in the state Panchayati Raj Act.

The state government has simply failed to convince the elected Panchayat members that it was sincere to give powers to them. The only thing the J & K governments and its ministers talk about is that the state government has put 14 departments under the control of Panchayats. This is perhaps the biggest joke of the century because the GAD circulars make it ample clear that in these 14 departments any Panch or Sarpanch can only do the role of a whistle blower and nothing else. For example in forest department if any Sarpanch finds someone is cutting a tree in his Panchayat Halqa Jurisdiction he can simply make a complain to the concerned forest official which other wisely an ordinary citizen can also do. And in any educational institute say a primary school if any village head finds absence of a teacher or any other staff member in this case also he has to report to the concerned ZEO, zonal education officer. The Panchayat member cannot even recommend any disciplinary action against any delinquent officer or official not even a class iv employee.

The only good thing in this period of two years the state government did for the Panchayat representatives is announcement of honorarium to them, the state government has announced Rs. 2000/month (Rs. 66/day) for the Sarpanch and Rs. 1000/Month (Rs. 33/day) for Panch which no way can be justified in this era of high inflation. Last but not the least, so far 6 Sarpanches have been assassinated by the unidentified gunmen but both the union and the state government remain clueless and eyeing 2014 elections (both lok sabha and assembly elections are due in 2014). GOI and State government are trying to bury this important issue under carpet ignoring the consequences. Calling it as personal rivalry to selected targets the people at the helm of affairs are not willing to face the bitter truth that the situation is going out of hand and if immediate action is not taken then no one can stop the history to repeat itself. God forbids, if 1987 election scenario is repeated then who will come forward to participate in democratic process therefore both Congress and National Conference should shun their petty political points and do whatever necessary to keep the flame of constitution and democratic principles alive. In a major embarrassment for the government of India and the state now these scared Panches and Sarpanches have urged the World Human Rights Organizations to intervene in the matter of killings of Panchayat members. The other mainstream political parties also needs to raise the genuine grievances of the 33000 elected Panchayat members who are feeling helpless in absence of any power in their hand and are also fearing for risk to their lives because they have received open threat by a terror outfit's commander from across the border. About Raman Sharma, he is an RTI activist and can be reached [a]jkrtiact@gmail.com. 

http://journeyline.in/newsdet.aspx?q=18876 

published in Early Times, JK Newspoint, Kashmir Times, Journey Line, The Northlines and many others

Remove 'SMS ban' before ‘AFSPA’

Stop rhetoric's, execute the do-able ! Remove 'SMS ban' before ‘AFSPA’ Raman Sharma Chief Minister Omar Abdullah and his National Conference must stop rhetoric's about the removal of Armed Forces Special Power Act from Jammu and Kashmir because now the people of the state do not take time to understand facts and rumors and more the party and its leaders talk about revocation of AFSPA, the more irritated people feel. How can you even talk of revocation of "AFSPA" when you are so afraid even of SMS (Short Message). Firstly dare to remove SMS Ban from Pre-Paid Mobile Subscribers before issuing any irrelevant statement on such a sensitive issue like Special Powers to the Security Forces. The 43 years old Chief Minister has time and again expressed his political desire on the revocation of the AFSPA but he keeps a silence on the issue of removing ban from SMS service, he has not even setting a deadline for withdrawal of SMS Ban. Though Omar promises on his face book page "I can say with confidence that AFSPA withdrawal will take place during the tenure of this government and that day is also not very far". It is pertinent to mention here so far neither the Chief Minister nor his government has made any official written request to the Center for withdrawal of the Armed Forces Special Power Act and this is also mere a lip service to woo the innocent people. The Chief Minister and government must concentrate what is 'Do-able' and I don't think that the State Chief Minister is so helpless as he claims to be and if he sincerely wants to remove the ban from SMS service this is quite possible and it would obviously be helpful for him and the party to reclaim their image as a pro-youth, pro-democracy. The decision of withdrawing or continuing AFSPA in the state is a time consuming debate and cannot be done away within days or months and it would also needs long deliberations amongst not only the political parties but also the security experts. Here in J & K there is a complete ban on Short Message Service (SMS) services of prepaid mobile subscribers, in the year 2010 the Government ordered for a ban on SMS services of the subscribers of all the telecom companies operating in the state of J&K. But after a considerable period the Government lifted the ban on SMS services of post paid subscribers but unfortunately the Ban on prepaid subscribers remained enforce till date even after a lapse of considerable period of around 3 years. The ban on SMS service was imposed by the government on the grounds that it was being used to spread rumors and to incite violence and hence posing a problem for law and order related issues. As per Government's version with the SMS's the anti social, anti national elements spread rumors and other false news/information of atrocities by police , Paramilitary and other security agencies and this led to violence and protest including stone pelting by the people who get provoked by the false propaganda against state through SMS. No one can argue that keeping law and order is the state's right and duty and decision of the State Government in safeguarding the security interest of the state and its citizens is essential 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 without any further delay. In this era of advanced Information technology the selective ban on SMS services of Prepaid mobile subscribers is not only unconstitutional, non democratic, useless and illogical but also become totally irrelevant especially due to launching of new software's, application like Whatsapp, social networking sites like face book, orkut and twitter etc. There is a wide spread use of these messaging services like Whatsapp these days these applications not only serve as text message carrier but also transmit Images, videos, audios files at a much faster speed and that too without any cost. This ban on SMS service is only confined up to the poor people who cannot afford sophisticated and Smart mobile sets which are now a days available in the market with a small amount of 4 to 5 thousand rupees. Instead of cracking a whip on the anti social and anti national elements and strengthening their own mechanism of monitoring the activities of the suspicious persons who are instrumental in spreading the rumors which poses a threat to the law and order situation. The State Government has banned the SMS services of all the prepaid subscribers of the state and thus made the common man a sufferer and deprived them of their rights. The State Government justifies ban on the SMS services of prepaid mobile subscribers of the state on the grounds that through SMS rumors and false information spreads and which in turn incites violence and hence poses a threat to the law and order in the state. This justification of the Government on ban puts a grave question mark on the integrity, loyalty and patriotism of all the prepaid mobile subscribers of the state of Jammu and Kashmir and thus projects the subscribers of prepaid mobile in a very poor light and with suspicions in public life and thus the ban on SMS is a clear violation of the right of the prepaid mobile subscribers to live a dignified life. The constitutional guarantee of equality is being flouted with impunity in the state as both the prepaid and post paid subscribers are being treated unequal by the order of the Govt. to ban SMS services of prepaid mobile subscribers of the state. Once again , I would urge the union and state government to remove the ban from pre-paid SMS services and let the poor people of the state also exercise their right to freedom of expression and information. Hope good sense prevails and the ban is removed henceforth. Raman Sharma is an RTI activist and can be reached [a] jkrtiact@gmail.com, mob: 9796811012. http://www.jknewspoint.com/newsdet.aspx?q=11884 published in JK Newspoint, Earlytimes Plus, Kashmir Times and many other and others on 18/Apr/2013 an d other dates. Kashmir Times

RTI activist seeks info about under trails in JK prisons

RTI activist seeks info about under trails in JK prisons

GK NEWS NETWORK

Jammu, April 17: A Jammu based RTI activist Deepak Sharma has approached State Information Commission seeking a direction for jail authorities to display list and status of all under trails lodged in different jails of the state.
Sharma has filed RTI in the backdrop of the notice issued by Union Home ministry to all States and Union territories to release all under trails who have completed more than half of the maximum period of imprisonment for the crime they are facing trail on personal bond with or without sureties.
While referring to the decision of the Maharashtra State Chief Information Commission (SCIC) in the appeal filed by Shailesh Gandhi, former Central Information Commissioner (CIC), the activist said that the Maharashtra SCIC has directed prison authorities to display details of under trials who have completed over 50% of the maximum prison term they are liable for.
The activist shared that taking the cue from his Maharashtra counterpart ,Sh. Jannat Hussain, Chief Information Commissioner Andhra Pradesh, is also going to direct the competent authorities to make public the details of such under trails.
Expressing concern over a recent case in which a man remained in the jail of the state for four years even after the acquittal by the Court in a murder case, Deepak said that such lapses happen due to callous attitudes of the officials.

http://jammu.greaterkashmir.com/news/2013/Apr/18/rti-activist-seeks-info-about-under-trails-in-jk-prisons-63.asp

Published in Greater Kashmir, Kashmir Times, JK Newspoint, Rising Kashmir, The Norhtlines and many others. on 18/April/2013.

 

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

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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..