“Sangarsh RTI” Activists Call on Governor

“Sangarsh RTI”  Activists Call on Governor

            JAMMU, JANUARY 8: A delegation of “Sangarsh RTI”, comprising of Mr. Balvinder Singh, Mr. Raman Sharma, Mr. Dewakar Sharma, Mr.Deepak Sharma, and Mr. Harasis Singh called on Mr. N.N. Vohra, the Governor here at Raj Bhavan today.

            The delegation apprised the Governor about the experiences of the RTI activists in the State and their assessment about the effectiveness of the Right To Information Act-2009 to provide the demanded information to the applicants. The activists also pointed out specific important cases which were exposed consequent to initiatives taken by their organization.

            The delegation also briefed the Governor about the steps taken by their organization to generate awareness in the society about the usefulness of the RTI Act and the serious difficulties faced by the whistle blowers in the State, including serious threats to their lives.

            The Governor suggested to the RTI activists to publicize their success stories so that the anti-corruption movement could spread and be strengthened. While welcoming the delegation’s suggestion to involve Universities, colleges and other educational institutions in organizing workshops, seminars to disseminate the importance of RTI Act, the Governor stressed the importance of guarding against abuse of the provisions of the RTI Act.

            The Governor was presented a User Guide on the “Right To Information Act-2009” by the delegation. The Governor suggested that this Guide could be published in vernacular languages in order to extend its reach and make it accessible to non- English knowing persons.

 Honourable Governor NN Vohra in meet with RTI Activists at Raj Bhavan, Jammu.




Text of    of  Memorandum submitted to Governor.

 To

The Honourable Governor,

Jammu and Kashmir State,

Jammu.

Subject: Memorandum Carrying Demands/Suggestions for Strengthening 

                 Right to Information Act in Jammu and Kashmir State.

Respected Sir,

We the following RTI Activists and members of the Sangarsh RTI Movement in JK wish to submit the following important points to your kind notice and intervention to strengthen Right to Information Act in J & K State to bring accountability and transparency in the governance and administrative set up. The details are as follow:

As your good self is well aware that state government vide SRO no 279 dated 30/Aug/2012 have amended the RTI Rules without any public consultation and even without seeking any recommendation from the State Information Commission, this amendment has obviously curtailed the powers of the State Information and ultimately affected the law. RTI Activist of the state and even the former Chief Information Commissioner of India Mr. Wajahat Habibullah had opposed these amendment and have urged the government to review its order. The State government be directed to restore the earlier rules i.e. Jammu and Kashmir Rules 2010.

There are number of instances where the information seekers have been pressurised and harassed by different Authorities for seeking information under RTI Act, a number of RTI activist here in our state have also received Life threats. So there is an urgent need to set up such a mechanism so that the information seekers/citizens can seek information under the RTI Act without any fear and bring important issues and unmask corrupt practices in the administration and in different public departments.

As per section 23 of J & K RTI Act 2009, it is legal duty of the State government to develop and organize educational programs for the awareness of the act for general public and training programs for the Public Information Officers but so far the state government has conducted no awareness program for the public, though the state government has started training programs for the officers. The  government must comply the provisions of the act involving stake holders to organize mass awareness programs at Block and Panchayat Level.

As per section 4 of Jammu and Kashmir Right to information Act, 2009 certain kind of information needs to be proactively disclosed by all the public authorities but unfortunately only a few Public Authorities have been able to publish such information on their official website or on notice boards, even today after more than 4 years since enactment of the act this important provision of the act has not been adhered by the government departments. All the heads of the departments be asked to strictly follow this provision of the law and public the relevant information at an earliest.

There is deficiency of assisting staff at Jammu and Kashmir State Information Commission which is the apex body for dealing with matters related to RTI Act. Without adequate staff, the smooth functioning of the commission gets affected. The General Administration department may be directed to provide the required staff to commission at an earliest.  

The State Information Commission may also be directed to hold regular meetings with the members of the civil society and the RTI volunteers so that the stake holders can apprise the commission about their grievances for appropriate directions. As of now the SIC has not made any such mechanism for interaction with the stake holders.

The state Information commission may also be asked to strictly decide the cases as per the mandate of law irrespective any officers’ rank and file, without any fear and favour. The commission may also be directed to set up a mechanism so that on camera proceedings of the cases are held for larger transparency and to build confidence of the citizens on this institution.  

There is no special assisting staff provided to the Public Information Officers/ Assistant Public Information Officers and appellate authorities to provide information to the information seekers, even there is no budgetary provision for the implementation of the RTI Act.  The PIO’s also complaint  that they have no establish infrastructure in their respective offices for smooth performance of their duty. The state government may be asked to make budgetary provision for proper implementation of the act, all the PIO’s may be provided at least one exclusive clerk/assistant for disposal of RTI applications. The PIO’s who do not have any computer may kindly be provided the same without any delay.

The state information and Publicity department may kindly be asked to give wide publicity (in local languages through newspapers/TV/Radio ) to the important provisions of the  act to encourage the general masses to exercise their right.

All The universities of the state may kindly be roped in to enhance the scope of training and awareness of this transparency law. The universities at their own level and also with the help of government and private colleges be asked to organize regular state level, inter college/ district level awareness programs/seminars/ symposiums / debates. Our Organization Sangarsh RTI Movement Shall be pleased to provide all kind of assistance to the Universities and College for this noble cause.

We are hopeful that our submission would be considered by your good self. Thanks in anticipation !

Dated: 08/Jan/2013                                    Yours Faithfully,

	Balvinder Singh, Convener Sangarsh RTI Movement	Raman Sharma, Founder, Sangarsh RTI Movement
Dewaker Sharma, Advocate, Member Sangarsh RTI Movement	Harasis Singh, RTI Activist, member, Sangarsh RTI Movement	Deepak Sharma, RTI Activist, member Sangarsh

Balvinder Singh,

Convener

Sangarsh RTI Movement

Raman Sharma,

Founder,

Sangarsh RTI Movement

Dewaker Sharma,

Advocate,

Member

Sangarsh RTI Movement

Harasis Singh,

RTI Activist, member,

Sangarsh RTI Movement

Deepak Sharma,

RTI Activist, member Sangarsh

Sangarsh RTI Movement congratulates Arvind Kejriwal

Jammu, 28/Dec/2013: Sangarsh RTI Movement in JK, an organization of RTI activists has congratulated Aam Aadmi Party leader Arvind Kejriwal for being elected as Chief Minister of Delhi State. Balvinder Singh, convener of the organization in his congratulatory message to Delhi CM said that Aam Aadmi Party has proved that even an ordinary but honest person can make the difference with sincere and constant effort. This is historic day for Indian democracy and it would obviously usher a new era of revolution in the country, the tradition political parties now must see the writing on the wall and listen the voice of common man. Balvinder also appreciated the decision of kejriwal where he has negated  the VIP culture by rejecting ‘Z’ Category security and Chief Ministerial Bungalow . Whereas RTI activist Raman Sharma who is founder of the Sangarsh RTI group also offered greetings to the team Kejriwal. Raman said Arvind Kejriwal and Manish Sisodia have played a very important role in spreading awareness about Right to Information Law, sharing  personal experiences Raman informed that whenever they (Sangarsh RTI members) asked for any help with regard to legal and technical aspect of the RTI act, these people have sincerely and without any delay offered their guidance  and cooperation.

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published in Kashmir Times, Jammu Bulletein, Glimpse of Future

Jammu Bulletin

Glimpse of Future

RTI query guides Omar to reduce his chopper dependence

12/21/2013 1:04:00 AM

JAMMU: RTI being potent tool to fight corruption and achieve a certain level of transparency and a resultant accountability to some degree, its impact can be gauged from the fact that the Chief Minister of Jammu and Kashmir Omar Abdullah has reduced his chopper dependence appreciably; thereby reducing the burden on the state exchequer and resultantly having saved expenditure on this account to the tune of 40 per cent, the Jammu and Kashmir Government's Civil Aviation Department (CAD) has revealed in a RTI query filled by Balvinder Singh convener Sangarsh RTI Movenment. This after seeking guidance from a 2011 RTI query media exposé and the resultant outrage, it seems the Chief Minister Omar Abdullah has learnt his lessons well and succeed in taking a positive measure. Pertinently, when Omar Abdullah, while addressing the valedictory session of the annual convention of CIC in Delhi in the month of September this year shared this positive measure which, according to him, he took as a curative step towards reducing burden on the states' public exchequer on account of spending on chopper sorties (which had even invited public outrage) and simultaneously talked about the positive role of RTI regimen in disciplining public figures, Balvinder Singh RTI activist from the State who was also present in the said meeting, after coming to Jammu, filed another RTI application to ascertain the veracity of Omar's claims and to know about the latest position, the reply provided reduction of 40 per cent expenditure on chopper rides. In order to obtain perfect comparative, I asked for the information for the same specific period which he had obtained last time. This Time RTI reply revealed the reduction of 40% expenditure on chopper's ride. This time, the total expenditure during the period between March 15, 2012 to September15, 2013 comes to around Rs 4.35 crore. Whereas the total expenditure during the corresponding period between March 1, 2009 to September 30, 2010 was to the tune of Rs. 7.45 crore. The reply also revealed that Hon'ble CM stoped claiming TA/DA after the filling of Mr Singh's First RTI application in the year 2011, where previous RTI reply showed Him Taking Rs. 1.63 lacks as TA/DA expenses, this clearly elucidating the impact of RTI instrument on the person of Chief Minister Omar Abdullah. Whereas the amount spent on fuel by Civil Aviation Department during the period between March15, 2012 to September 15, 2013 for purchase of fuel for travel of Chief Minister of Jammu & Kashmir amounts to Rs. 67.81 lacks. The amount spent on salaries of the pilots has also come down to around Rs. 1.53 crore from 2.20 crore. Amount spent on repair and maintenance too has come down appreciably to Rs. 96 lacks from whooping 3.84 crore during last corresponding period of my query. ..................... published in early times, jknewspointm rising kashmir, economic times, hindustan times and other local and national dailies, http://journeyline.in/newsdet.aspx?q=41330

Why Should I Address them as Honourables...?

RAMAN SHARMA

Morally ‘Respect’ cannot be claimed by anyone as a matter of right  but it is to be earned by a person him/herself with the  conduct, attitude, approach but unfortunately here in India  people with the fear of law compelled to demonstrate respect  for  certain Individuals and Institutions.  In India besides Judiciary the prefix adjective ‘Honourable’ is often used to address the people occupying political posts like ministers, Parliamentarians and State legislature like Honourable Minister/M.P/MLA/MLC. And if somehow anyone ignorantly forgets to prefix this adjective to address them , certainly heaven falls for these ‘Honourables’ and they make it a prestige issue and may also make the person to bow on his knees, they may bring breach of privilege motion.  

Though there are obviously some upright and honest politicians in our country irrespective of political affiliation including ministers and legislatures but one question obviously comes to our mind whenever we find this adjective before the name and designation of those corrupt and criminal politicians against whom there are serious allegations and criminal charges. Before scripting  this piece of writing the writer have carefully gone through the dictionary meaning of ‘HONOURABLE’ and the synonyms of this word are “ the honest, moral, ethical, principled, righteous, right-minded, full of integrity; decent, respected, respectable, venerable, virtuous, good, upstanding, upright, worthy, noble, high-principled, fair, just, truthful, trustworthy, trusty, law-abiding, incorruptible, reliable, reputable, dependable, illustrious, distinguished, eminent, great, admirable, glorious, prestigious, noble, notable, creditable, renowned and  esteemed etc. But to be honest with self, today the political class of the country must introspect and then decide that should the today’s political people deserve to be called as honourable and how many of our parliamentarians and state legislatures are honest and high-principled and how many of them are full of integrity and incorruptible, the reply would obviously not reveal and depict a healthy scenario of Indian political system.  It is perhaps official compulsion and a matter of diplomatic courtesy that in the official communications whether written or verbal these politicians are addressed as ‘Honourables’. Though India have switched from monarchy to republic and democratic set up but the mindset of some of our leaders have not changes and still they want to have all the privileges and the legal immunities so that they can be appeared as superior over the rest of the citizenry. It is a very serious issue that here in our country we have two sets of law one for the common masses and the other for the so called honourables, for example the union government and its political functionaries are time and again orchestrating against providing subsidies to the people and acting on this firstly they allowed the oil companies to decide the petrol charges and then on domestic LPG cylinders they put a cap of 9 cylinders in a year.

On the rising inflation the political class have the readymade reply that it is international phenomenon but this is just to befool the people and this argument by our so called honourable holds only for common people but for themselves the rising inflation is not an issue which is evident from the fact that the parliament canteen is immune from rising inflation and since year 2000 there are only three revisions of their rate list and the last revisions was done some 3 years back and since 2010 no price hike there in the canteen for our so called honourables. Can anyone amongst these honourable reply that why no rising inflation in your canteen since 2010 whereas on the other side in these three years the princes of all commodities have increased at least 50-60 %. Moreover the price of lavish items served in this canteen is unbelievable and to run this canteen for over around 800 MP’s a daily subsidy of Rs. 333333 is given.  For a common man there are number of reason to object to use the prefix ‘honourable ’  for example take the case of Cola drinks ban, we all know that in year 2003 there were reports by a credible NGO that all major brand cola drinks hold high level pesticides in it, though after some time the matter was buried under the carpet but even today all cola drinks with their names are strictly banned in the parliament canteen but these cola drinks are openly sold out in hospitals (even in maternity hospitals), in schools.  In camera string operations  (14^th Lok  Sabha) we have seen how does these honourables sold themselves even to raise questions in the parliament, recently also we have seen some honourables allegedly demanding money to give recommendation letters to some fictious companies. We have seen our honourables involved in criminal cases like forgery, rape extortion, murder and corruption is the most common blame. As a human being my conscious do not allow me to compromise and I find it quite difficult to address them  as ‘Honourables’, though I have all the respect for the institution of Parliament and the constitution of the county. About Author: Raman Sharma is a RTI activist and can be reached at jkrtiact@gmail.com, 9796811012

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 published in state times on 21/dec/2013, Kashmir Times on 11/Jan/2014

http://www.statetimes.in/news/address-honourables/
http://www.kashmirtimes.in/newsdet.aspx?q=27530

SR College organizes RTI Program for KAS Aspirants’

SR College organizes RTI Program for KAS Aspirants’

Jammu, 17/Dec/2013: Today, a one Day awareness cum training workshop on Right to Information Awareness program exclusively for KAS aspirants is being organized by S.R College of Competitions, Gandhi Nagar Jammu. In the program over a 50 candidates including successful/ pass out of KAS Preliminary 2013 exam and   those student who are preparing for the 2014 competitive exams attended the workshop. The program started with an introductory note by Parveen Sharma, director of the college. While speaking on the occasion, Parveen asked the students to understand this act as being citizen and also in advance so that after being in government service they can provide information to the citizenry without any hurdle. RTI activist, Raman Sharma who was the special invitee on the occasion also shared his personal experiences with regard to the Right to Information Act and gave section wise detail of the act.  He informed the participants that Jammu and Kashmir Right to Information Act 2009 is a unique piece of legislation and it is even applicable to the Central government departments situated in the territorial jurisdiction of the state of Jammu and Kashmir State. He also underlined the importance of section 4 (Pro-active disclosure) of the act which is also termed as soul of the RTI Act. He also urged the participant to further spread the awareness about this transparency law  to people belonging to underprivileged class of the society so that they can also feel essence of real democracy. During interactive session, Raman also replied various queries of the participant with regard to state RTI Act and Central RTI law. 

-------------------

pUBLISHED IN JK NEWSPOINT, DAILY UDAAN, Kashmir Times, Daily Excelsior, State Times and others..

http://www.jknewspoint.com/newsdet.aspx?q=27780

http://www.dailyexcelsior.com/sr-college-organizes-rti-program-for-kas-aspirants/

http://www.statetimes.in/news/sr-college-organises-rti-programme-kas-aspirants/

Raman Sharma in conversation with KAS aspirants of SR College of Competetions, Gandhi Nagar, Jammu.

16 years On, SHRC Fails to Establish Its Offices in Rajouri, Doda

After 16 Years of Enactment of the Law

SHRC Fails to Establish Its Offices in Rajouri, Doda

Violation of State Human   Rights Act

JAMMU, 16/Dec/2013: The sincerity of the State government with regard to Human Rights issues  could be well guessed  from the fact that despite 16 years after the enactment of the Jammu and Kashmir Human Protection of Human Rights Act 1997, two sub- offices of the State Human Rights Commission are yet to be establish and there is no immediate proposal to establish them in any near future.

The fact came after an RTI application where the Public Information Officer of the Commission in its reply has apprised the applicant, RTI activist Raman Sharma that the Commission has time and again agitated the issue regarding establishment at Doda and Rajouri.

Earlier in his RTI application dated 15/Nov/2013 , activist Raman Sharma has asked information on 7 points where he has asked the commission stating “ As per section 3(5) of The Jammu And Kashmir Protection of Human Rights Act, I997, there should  be sub-offices of the commission at Jammu, Doda and Rajouri . Kindly intimate the postal address of the sub-offices the JKSHRC at Rajouri and Doda and If there is no sub-office of the JKSHRC at Doda and Rajouri , what steps have been taken by the commission in this regard to establish sub-offices at these two places and also provide copy of all the communication letters sent by the JKSHRC to the government for establishing these sub-offices at Doda and Rajouri ”. While replying to the query of the applicant, the commission has also tried to water down its failure to establish its  sub-offices in Rajouri and Doda districts. The commission in its reply has stated that the commission has established its sub-office near New Rehari, Jammu and the sub-offices at Rajouri and Doda are yet to be established however establishment of sub-offices at Jammu has facilitated the complainants of far flung areas of Poonch, Rajouri, Doda, Rajouri, Kathua and Udhampur. The commission also failed to provide copy of any document to substantiate  the fact that it had ever requested the government to establish its sub-offices.  On the question of sanctioned and presented posted staff at the SHRC, it has been admitted by the commission that there are 15 vacancies and the total sanctioned strength of the staff members is 88 posts including Police Investigation wing. The commission has so far received 6803 cases since its inception and has decided/disposed 5159 cases till 30/Nov/2013.  Expressing his  resentment for not establishing sub-offices even after 16 years of the enactment of the law,  information seeker Raman Sharma called it a criminal negligence and violation of section 3(5) of the State Human Right Act. He demanded immediate functioning of the sub-offices at far flung areas so that every effected citizen can come forward and report all issued related to Human Rights Violations.

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Published in Kashmir Observer, Rising Kashmir, Kashmir Life, State Times, JK News Point and others on 17/Dec/2013

http://www.kashmirlife.net/16-years-shrc-fails-establish-offices-rajouri-doda/
http://kashmirobserver.net/news/top-news/16-years-shrc-fails-establish-offices-rajouri-doda
http://www.risingkashmir.com/16-yrs-on-shrc-fails-to-establish-offices-in-rajouri-doda/

RTI REPLY FROM SHRC

SIC imposes Rs 25,000 Penalty on an Executive Engineer on Activist’s Complaint

Wilful Delay in Providing RTI Reply

SIC imposes Rs 25,000 Penalty on an Executive Engineer on Activist’s Complaint

JAMMU, 15/Dec/2013:  Going tough against  the delinquent officers for defying Right to Information Act, in a significant  judgement the Jammu and Kashmir State Information Commission (SIC) has imposed a maximum penalty of Rs. 25,000 on a senior officer. Commission has imposed penalty on an Executive Engineer  V.K. Bhagat, the then Public Information Officer and  Technical Officer to Chief Engineer of P.H.E, Jammu who is  presently posted as  Executive Engineer, Power Development Corporation office. As Per order the officer has been penalised for  wilful delay of information to an information-seeker under the provisions of Right to Information Act, 2009.

The Penalty proceedings are initiated against the officer on the complaint (u/s 15 J & K RTI Act 2009) of  RTI activist Raman Sharma who in his complaint alleged that he had not received information from PIO even after long elapse of due time period. Earlier Raman had sought details of RTI applications received by PHE department, list of their disposal and pending, but the PIO failed to provide the information to the complainant Raman Sharma and even ceased his right to file appeal before the 1^st appellate authority thus compelled the applicant to file the complaint before the J & K State Information Commission. The commission during the course of hearing the petition had sought reply from PIO of the delay and in letter no PHE/PS/1180, the PIO failed to substantiate the grounds for delay in providing information to the applicant. Now in its decision No SIC-J-C-93/2012/384, S.K Sharma, State Information Commissioner observed "The delay caused by the PIO in furnishing the information to the information seeker is unreasonable and without any sufficient cause and as such he deserves to be penalized u/s 17 of the J&K RTI Act, 2009. The penalty to be imposed on the PIO is calculated as (ii) Date of application u/s 6 of the J&K RTI Act 2009 for seeking information is 17.11.2011. (ii) due date of passing order by PIO u/s 7 is 16.12.2011 (ii) Information provided to the information seeker on 23.7.2012 (iii) Delay in furnishing the information (No of days) 215 (V) Penalty to be imposed for each day is Rs 250/- 215 days X Rs 250 and amount goes to Rs 53,750. The total amount of such penalty shall not exceed Rs 25000 u/s 17 clause(1) under J&K RTI Act, 2009. Therefore an amount of Rs 25,000 is imposed as penalty."The Commission further ordered as "the Drawing and Disbursing Officer in the office of Chief Engineer, P.H.E, Jammu will ensure deduction of Rs 25,000 from the salary of V.K. Bhagat the then PIO/Technical Officer to the Chief Engineer P.H.E Jammu at present Executive Engineer, P.D.C Office, Trikuta Nagar, Jammu in five equal instalments and remit it to the Government Account with an intimation to this Commission. In case of any default committed by the DDO in this regard, he, will be personally liable for making the payment towards the Government Account. The order has to be complied within 15 days from the date of receipt of the order."

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Published in Kashmir Times, Early Times, State Times, Greater Kashmir, Tribune, JK Newspoint and other dailies on 16/Dec/2013.

http://www.greaterkashmir.com/news/2013/Dec/16/sic-imposes-rs-25-000-penalty-on-xen-41.asp

http://www.jknewspoint.com/newsdet.aspx?q=27596

http://www.tribuneindia.com/2013/20131216/j&k.htm#17

http://www.kashmirtimes.com/newsdet.aspx?q=26539

Despite Moratorium JKPCC Purchased three SUVs, drained Rs. 75 Lac on Fuel

 CM’s Directive Falls on Deaf Ear

Despite Moratorium  JKPCC  Purchased three SUVs, drained Rs. 75 Lac on Fuel  

Jammu, 13/Dec/2013: Ignoring the directives of the Chief Minister Omar Abdullah Jammu and Kashmir Project Construction Corporation, JKPCC, State owned construction unit has not only purchased three luxurious Sport Utility Vehicles, SUVs  Renault Duster but also drained and burnt fuel worth Rs. 75,42804 during the year 2012-13. The corporation has also flouted the state transport policy regarding issuance of vehicles to the government functionaries.

In response to an RTI query the JKPCC has apprised the applicant and RTI Activist Mohammad Yasin Mir that in the month of September 2013 the corporation had possessed three SUVs out of which one Renault Duster vehicle bearing temporary number AN-3819 stands attached with Chairman JKPCC, in charge minister R & B, another SUV bearing no. AN 3818 is attached with commissioner secretary PWD and the third bearing no. AN-3820 is yet to be deployed with someone. The reply by the JKPCC has also revealed that it has fleet of 25 Vehicles, including 19 Cars and 6 commercial vehicles like Trucks and Tippers.   Though despite having its own fleet of vehicles, the corporation has also hired 6 vehicles from the private parties without inviting tenders in violation of rules and  have made payment of Rs. 488000.  While sharing this information with the media, RTI activist Raman Sharma said that Prima facially it is evident that the state owned corporation has purchased three luxurious vehicles in violation of the orders of the honourable Chief Minister Omar Abdullah where in year 2010 while chairing  85th meeting of the Board of Directors the C.M  had directed JKPCC for putting a moratorium on purchase of high cost vehicles for next five years (till 2015 ). Though the CM has directed that the vehicles required for field workers should be given preference over the high cost luxury ones and the proposal for purchase of vehicles should be got approved not only by the Chairman (Minister in-charge) of JKPCC but also by the Chief Minister. Raman also referred an order of the transport department bearing no. TR-33 SMG/2012 dated 03/06/2013 where is it being ordered that only Cabinet Ministers/Minister of State or other dignitaries having the status of the rank of a minister can use (SUV) Tata Safari Type Vehicles . He questioned the motive of the JKPCC to purchase three Renault Dusters despite the moratorium out of which one is yet to be deployed with someone which shows that there was not any emergency for the department to purchase these vehicles. In the RTI reply it is also revealed that flouting the transport department’s guidelines even the private secretary of the   Chairman is in possession of an Ambassador Car JK02G-3418 along with a permanent driver for which also the fuel charges are borne by the corporation. An amount of Rs. 364796 as fuel charges is also borne by the corporation for its vehicles attached with the Civil Secretariat that too without any formal request from any quarter.  A formal complaint to the Chief Minister has been made by activist Raman Sharma (via CM Grievance Cell no 45049) seeking a Vigilance Probe in the matter for  fixing responsibility on the officers who ignored the directives of the chief minister and for prohibiting the corporation to further misuse the funds of the corporation. 

Published in Early Times, Kashmir Times, State Times, Rising Kashmir, Dainik Jagran and other on 14/Dec/2013 edition..

http://www.risingkashmir.com/18735/

http://www.statetimes.in/news/jkpcc-procures-3-suvs-drains-rs-75-lakh-fuel/ 

http://www.kashmirmonitor.in/news-pcc-buys-suvs-spends-75-lac-on-fuel-59021.aspx 

NC’s Hypocritical Opposition to 73rd Amendment

Themselves Cherished ‘Autonomy’ for Decades, Now Opposing it for  Panchayats !

RAMAN SHARMA,

Earlytime Times, 14/Nov/2013

National Conference, the oldest political party of Jammu and Kashmir which has history of advocating autonomy for the state citing ‘Autonomy’ as the only political  ingredient  which could not  only console the voices of dissent (separatists) but  arguing that it is only ‘Autonomy’ which do not  affect the merger or accession  of the Jammu and Kashmir with India. For decades their leaders are asking for more greater autonomy to the state which already have its own constitution and flag. Anyhow that is a separate debate that whether the proposal and demand of the National Conference for autonomy is acceptable to   opposition parties or not but it is very strange and must say very hypocritical on the part of National Conference when its leader openly opposing implementation of provisions of 73^rd amendments of Indian Constitution here in the state of Jammu and Kashmir, the 73^rd amendment of Indian constitution just gives  the Panchayats a constitutional status and calls for more powers and autonomy to the Panchayati Raj Institutions.  ‘Sardari Awaam ka Haq Hai ’  means  Leadership and devolution of power is the right of the citizen, was the slogan raised by none other than the Sheri-i-Kashmir Shiekh Mohammad Abdullah, founder of National Conference who’s been considered as statesman and who had earned lot of respect not only in the National Conference  Party but even his political opponent yet  appreciate his vision and political foresight. The argument given by the National Conference leaders while opposing the proposal of implementation of 73^rd amendment is that it will erode the article 370 which gives special status to the state of Jammu and Kashmir. Perhaps their leaders have either not read the provisions of the 73^rd amendment or they are deliberately misleading the people of Jammu and Kashmir just to woo the separatists. Though I am not a legal expert but somehow  with little knowledge of law   after going through all the provisions of 73^rd amendment carefully I could not find even a single section or sub section there which could erode article 370 or undermine  the special status of the state. The only things this constitutional amendment provide is more autonomy to the people through Panchayati Raj Insitution i.e Gram Sabha, Block Development Council and then District Development and planning Board to take decision with regard to their day to day needs like all the members and heads of these panchayt panels must be the locals of the area so where the question of eroding article 370 comes, no where in the this amendment the state would loose its special status and this law if implemented in the state would also not  allow  a non state subject to become the Panch or Sarpanch. The argument of eroding state’s autonomy with 73^rd amendment is more or less merely a political gimmick and it is baseless just to deprive the innocent villagers of their right to self governance at the local level.

“STATEMENT OF OBJECTS AND REASONS: Though  the  Panchayati Raj Institutions have been in existence for  a long  time, it has been observed that these institutions have not been able  to  acquire  the  status and dignity of  viable  and   responsive people's  bodies  due  to  a number of reasons  including   absence  of regular    elections,     prolonged      supersessions,    insufficient representation  of  weaker sections like Scheduled  Castes,  Scheduled Tribes  and  women,  inadequate  devolution  of  powers   and  lack  of financial resources. 2.   Article  40  of  the   Constitution which  enshrines  one  of  the Directive  Principles  of State Policy lays down that the State  shall take  steps  to organise village panchayats and endow them  with  such powers and authority as may be necessary to enable them to function as units  of self-government.  In the light of the experience in the last forty years and in view of the short-comings which have been observed, it  is considered that there is an imperative need to enshrine in  the Constitution  certain  basic and essential features of Panchayati  Raj Institutions to impart certainty, continuity and strength to them. 3.   Accordingly,  it  is   proposed  to add a  new  Part  relating  to  Panchayats in the Constitution to provide for among other things, Gram Sabha  in a village or group of villages;  constitution of  Panchayats at  village and other level or levels;  direct elections to all  seats in  Panchayats  at the village and intermediate level, if any, and  to the offices of Chairpersons of Panchayats at such levels;  reservation of  seats for the Scheduled Castes and Scheduled Tribes in  proportion to  their  population  for  membership of  Panchayats  and   office  of Chairpersons  in  Panchayats at each level;  reservation of  not   less than  one-third of the seats for women;  fixing tenure of 5 years  for Panchayats  and  holding elections within a period of 6 months in  the event  of  supersession  of   any  Panchayat;    disqualifications  for membership  of  Panchayats;   devolution by the State   Legislature  of powers  and  responsibilities upon the Panchayats with respect to  the preparation  of plans for economic developments and social justice and for  the implementation of development schemes;  sound finance of  the Panchayats  by  securing  authorisation from  State  Legislatures   for grants-in-aid  to  the  Panchayats from the Consolidated Fund  of   the State,  as also assignment to, or appropriation by, the Panchayats  of the  revenues of designated taxes, duties, tolls and fees;  setting up of  a Finance Commission within one year of the proposed amendment and thereafter  every  5  years  to   review  the   financial  position  of Panchayats;   auditing of accounts of the Panchayats;  powers of State Legislatures  to  make  provisions  with   respect  to   elections   to Panchayats  under  the superintendence, direction and control  of  the chief  electoral officer of the State;  application of the  provisions of  the said Part to Union territories;  excluding certain States  and areas  from  the  application  of the provisions  of  the   said  Part; continuance  of  existing laws and Panchayats until one year from  the commencement  of  the proposed amendment and barring  interference  by courts in electoral matters relating to Panchayats. 4.  The Bill seeks to achieve the aforesaid objectives”

 

The national conference leaders and all others who are opposing the extension of central Panchayati law to the state of Jammu and Kashmir must clarify that when the MGNREGA, central employment guarantee act  and Armed Forces Special Power Acts were implemented in the state then how did these law do not affect the so called special status of the state. Why only now the eyebrows are being raised now when the question of empowering rural people is amplified. All those orchestrating against the empowered PRI’s in the state must read the statement of objects and reasons given to give constitutional status while making 73^rd amendment of the Indian Constitution.  (The author is an RTI activist and can be reached [a] jkrtiact@gmail.com,Mob: 9796811012).

 

 

 

Non Implementation of 73rd Amendment Exposes Fissures within the J & K Government

Fissures within J&K govt over 73rd amendment By Raman Sharma Though I am not a political expert or analyst but being a common citizen and going through the media statements of the leaders of both Congress Party and National Conference, one can easily draw a conclusion that the union of NC and Congress is not only unnatural, disparate but also perhaps a decision taken under strong political compulsion for which the leadership of both the parties might be having many regrets. The contradictory and venom spilling speeches against each other also made it amply clear that NC-Congress ally do not need any external opposition as they are self sufficient to criticise and expose each other ultimately relieving the actual opposition (PDP, BJP, JKNPP) parties of their task.  The recent statements of the leaders of NC and Congress appearing in media are sufficient to prove that how difficult it is for both the parties to stay united. Though there are several issues when the contradictory speeches come from them but the most peculiar and speculative is about extension of provisions of 73rd amendment of Indian Constitution of India in the state of Jammu and Kashmir. The 73rd amendment calls for strengthening the Panchayati Raj Institutions and was brought some 20 years ago. It is often described as the dream of Late Rajiv Gandhi former prime minister and most adorable leader of the Congress Party. Often the state level top leaders of the Congress Party vow to implement this provision here in the state also but on the other side the National Conference is totally adamant to this provision and has shown the red flag many a times on the pretext of Article 370.  On face saving, the Congress party leaders whenever are asked about implementing the provisions of 73rd amendment in the state, they come with a readymade reply that the party is assertive on it and the matter is taken up in CCC (NC-Congress Coalition Coordination Committee) meet. Over two years have passed since the Panchayat elections in the state were held. The state government has patted itself several times calling it as a historic move whereas the elected 33,000 Panchayat members feel deceived without the existence of 2nd tier (Blcok Development Council) and third tier (Distrcit Development and Planning Board) of the Panchayati Raj Act which are essential constituents of Panchayati Raj Insitutions. Now some Panches, Sarpanches group have also come forward and are putting pressure on the state government and especially on the Congress party to fulfill its election promise of establishing empowered PRIs in the state.  To hide its failure in convincing its partner, few days back after the meeting of CCC under the Chairmanship of Congress Party State President Prof Saifuddin Soz, also attended by Deputy CM Tara Chand, senior leaders and ministers of the National Conference including Finance minister Abdul Rahim Rather and Panchayati Raj Minister Ali Mohammad Sagar, the Congress Party orchestrated the same old line that they are evolving a consensus on the issue. Whereas on the other side same day Mustafa Kamaal of the National Conference who also happens to be additional general secretary of the party openly bashed Congress and accused it of playing 'vote bank' politics over incorporation of 73rd amendment. Kamal cautioned the Congress party and asked it to forget about the 73rd Amendment of the Constitution of India into the J&K Panchayat Act in the state of Jammu and Kashmir. He slammed state Congress over remaining silent about the 73rd amendment in the legislative assembly and accused the party of being involved in dual politics. Kamal also questioned the silence of the party during the recent assembly session on which he said they could have raised the issue during the zero hour of the house. Kamal further accused Congress of using the 73rd amendment as the 'election slogan'. The NC leader also stated that the provisions of Article 370 could not be eroded in the state and Congress has to understand the 'subtlety' of the issue. "One wonders why they didn't raise such hue and cry at the time of Panchayat polls. They said nothing at that time and now are playing politics over the matter." "What is the necessity of 73rd amendment? Why that should be implemented in the state?" said Kamal while adding that when no suggestions are being given by the Congress camp, it is 'unnatural' to implement the amendment directly while undermining article 370. This is high time that the Congress party instead of buying further deadlines over the issue come clean and take a firm stand over it because the General Elections are just round the corner and the ambiguity on its part may cause the party grave political loss as it would obviously cause a dent on their credibility.  " "Congress is committed for implementation of provisions of 73rd amendment in the state. All the provisions of 73rd amendment should be made applicable in J&K, Congress is in favour of holding panchayat polls in the state in a democratic manner, there was a consensus among all party members over the issue. We have organized consensus within the party, in consultation with all the Congress party legislators and legislators of the associated parties, district presidents and block presidents, on the question of Congress party's strategy for participation in the ensuing elections to the Block Development Councils of the Panchayats, in the J&K State."    Prof Saifudin Soz,  President JKPCC , In Oct-2012" (The author is an RTI activist and can be reached [a] jkrtiact@gmail.com,Mob: 9796811012) PUBLISHED IN KASHMIR TIMES,,,,,http://www.kashmirtimes.com/newsdet.aspx?q=24786