Sunday, March 18, 2012

   An  Interview  with  Tribune



TEA WITH THE TRIBUNE  ‘RTI is a magic wand for commoners’ Raman Sharma, RTI activist


In a tete-e-tete with The Tribune team, Raman Sharma, RTI activist, talks about RTI as a tool to eradicate corruption

For Raman Sharma, who has put up over 300 RTI applications, the RTI is not just a tool to seek information, it is a magic wand that can be used to eradicate corruption as well as a means of lodging a democratic protest.
“If we want the government to take action in the larger interest of the public, we can flood them with RTI applications on one issue. The pressure will make the government act,” he says while talking to The Tribune team during an interaction.
A research scholar Mahesh Kaul from the Faculty of Management Studies, Jammu University and Arvind Sharma, a sociologist, also joined the interaction.


Following are the excerpts:
Jupinderjit Singh (JS): What inspired you to utilise RTI for seeking information?


Raman Sharma (RS): It all began from Jammu railway station. While seeing off a relative, I saw domestic cylinders being used by vendors at the platform. I asked station superintendent about the misuse as Jammuites were facing a shortage of LPG cylinders. He rendered me speechless by asking what authority I had to question him.
A year later, RTI came into being and I put up an application to the Indian Railways. It had an immediate impact as vendors had to use commercial cylinders within few days. That officer too would have known that a common citizen had the authority to ask questions.
Sunaina Kaul (SK): What is the process for filing a RTI application?


RS: There are two acts, one is Central RTI Act, 2005, and another is the J&K RTI Act, 2009.
For Central RTI Act, an applicant can file an application on a plain paper with a nominal fee of Rs 10 only which can be paid via postal order or in cash to the department or other permissible mode. Even if an applicant is not aware of the address of the public information officer (PIO) concerned, application may also be filed with any PIO, who becomes liable to forward it to the competent authorities. The best is to give the application at a local post office where the PIO post office would forward the application on its own. Then, all departments have websites on which they have given addresses of PIOs.
Under the JK RTI Act, an application is to be submitted with a fee of Rs 50 either in the shape of IPO or stamp papers. The rest of the procedure is the same, but here the PIOs usually do not accept the application if it does not pertain to their department.
Arvind Sharma (sociologist): How can illiterate and blind persons make use of the RTI?


RS: They are equally empowered. The PIOs in every government department are duty bound to make arrangements for applications on behalf of illiterate, blind or other physically challenged persons. There is a provision to give them verbal reply also, if the applicant opts for that.


DM: What has been your area of focus in filing RTI applications. From which departments have you sought more information?


RS: I have never filed any application for personal reason. My only aim is to file applications in the interest of the general public. There is no question of targeting any particular department. I have filed applications only to serve interest of the common masses. For example, the Income Tax Department takes 24 or even 36 months to refund excess tax deducted at source. We are generally unaware that they have to return it within 60 days. When I put an application on behalf of a person, the refund came in 17 days.
Mahesh Kaul (research scholar): What has been your joyous moment with the RTI?


RS: I applied for the copy of the FIR of Mahatma Gandhi’s assassination. When I got it, I was elated. You would be surprised to know that by that time even the National Archives of India did not have the copy of the same.


JJS: From your experience, tell us how powerful the Right to Information is and how best can we use it?


RS: I often say that the RTI is a magic wand in the hand of common citizens of the country, who were earlier deprived of any authority to ask questions from the government. Today, you can not only ask a government official, minister or department to answer your query but also force them to take action. Wherever I go to spread awareness, I tell people to file applications in a group. Like, just few days ago, I have decided to build a pressure for the restoration work of Mubarak Mandi. The work is going on too slow. I have put up an application seeking details of the delay and the cost escalation. I have also arranged that 50 persons would file similar queries. This will surely force the government to act so that they don’t have to keep answering people daily.
But one must take care on how to use the information. We have to remember that RTI is a mean but not an end to the problem. The information received is the real power and how best we use it would help us in solving problems concerning the public.


Sunaina Kaul (SK): How was your experience in filing RTI with the Centre government departments and applications with the state?
Raman: Pretty bad with the state government. You would be surprised to know that out of over 300, I have filed around 20 RTI applications in various departments like the Jammu Municipal Corporation, Jammu Development Authority and the Regional Transport Office, but there is no response. This is more painful for me as the state was probably the only one in the country where citizens had the right to ask questions during the princely era. There was a system of “sawaal lagana” (making a query) in which common citizens asked the then officials. Usually, they asked questions from the revenue department. The most shocking experience was that when I went to the RTO office, the officer concerned was unaware about the RTI Act and about his duties and responsibilities as PIO. Also, JK residents have so far put just 534 applications, the state that enjoys the status of being at no. 2 in corruption, 534 applications are negligible. The Centre government departments are well oiled in this regard and I am totally satisfied with their speedy response and replies in nearly all the applications.


JJS: What do you do with the information?


RS: I preserve some with me for future use or for asking more information or I share with the media if it deserves an exposure. But I don’t share information that can lead to law and order problem. Generally, my information is regarding an unfinished work and the moment the work is done, it is a closed chapter for me.


Ashutosh Sharma (AS): There is no chairperson for the State Information Commission. Is it affecting the movement?


Raman: It is true that the SIC is headless and has therefore disappointed people over a period of time. Unless a person is appointed, action against officials not furnishing information cannot be taken.
Dinesh Manhotra (DM): What is the provision if any department provides wrong information?


RS: In the RTI Act, there is a provision of penalty if any officer provides wrong information. One can approach even the information commissioner concerned in such case.


Mahesh Kaul: As you are aware, ours is a sensitive state with regional aspirations proving stronger than general public cause. Have you seen some change in the RTI applications between Jammu region and Kashmir region?


RS: It is up to the applicant that what he wants to ask. Unless the national interest is not harmed, he is free to seek any information and details.


JSS: If you are allowed to amend both RTI Acts, what would be your attributions and depletions?


RS: As far as the Central RTI Act is concerned, I do not find any lacuna. But there is a lot to do with the J&K RTI Act. The state government should allow the use the Act even to non-state subjects. Application fee od Rs 50 is excess amount for a common citizen, especially students. There should also be a provision for punitive actions against officers who deliberately ignore the provisions of the Act. Lastly, RTI applicants should be ensured security, if required.
http://www.tribuneindia.com/2010/20100515/jkplus.htm







After RTI…..?

Transparency is okay, but what about accountability!

                                  Greater Kashmir, 13-Feb-2012

BY: RAMAN SHARMA


With each passing day, the most talked and obviously powerful civil right, i.e. Right to Information Act is gaining momentum in Jammu and Kashmir State and helping the citizens to get the information from the government and administration. In this process of obtaining information many RTI users have been able to unearth major scams in the state. Now, the officers, the Public Information Officers are providing information to the general public and there is a tangible change one can see where officers respecting the provisions of the transparency law. This fact is even authenticated by many RTI activists that now by and large their RTI pleas are being responded by the officers. But on the other side, the  activists feel helpless when after hectic exercise and paying hefty RTI fees, the information they collect remain just piece of papers and  the purpose for what the information is sought remains absent. RTI is just a preliminary means to highlight the corruption related issues, otherwise  the scope of RTI (the PIO, 1st appellate authority or the state information commission) is limited.
This is the reason that now the citizenry and  activists demanding accountability in the system. ‘‘Openness is Okay but what about accountability? The information that citizens receive under   RTI after hectic efforts remain useless in absence of any strong institutions that can make the corrupt officers and institutions accountable and initiate proceedings against them. For follow up, we have no strong institutions, we urge the government to strengthen its other organizations also for ensuing accountability ’’ demands  Dr. RR Khajuria a known social activists and founder chairman of Vichar Kranti Manch International.  The real journey starts after receiving the information and the data from the public authorities, most of the citizens do not know what to do after getting the information. However in personal RTI pleas the appellants after getting the requisite information approach the court of law for getting the justice but in case of mass corruption, huge land scams, irregularities and deviation of stipulated rules by the officers and the departments, the information seekers remain helpless.  As of now, the citizens  remain confused as there is no such institution in the state where they can go with the information in their hands for seeking action against the defaulters and remedial measures. There are strong voices demanding straight  action from the Accountability Commission.  Shafiq Mir, Sarpanch of remote village Poshana, Bufflaiz block in Poonch and an  RTI activists says “I think after RTI exposures, it is the duty of the accountability commission to take the cognizance of at least serious cases  and obviously the accountability commission has a bigger role to play, the  Commission  must prove  its credibility by nailing the big fishes, otherwise  this all seems an eye wash ”.  In few cases it has also been noticed that many applicants even after getting the information under the RTI act eyes the State Information Commission for remedy but being ignorant of the fact that the SIC cannot move beyond a point, it has a limited jurisdiction.
Therefore despite getting the valuable information with them the citizens feel powerless and helpless. Though textually, the state government has appointed the members of the state accountability commission where an ordinary citizen can file a complaint related to corruption cases against the politicians. But we all know that this institution of SAC is almost defunct since last more than 3 years. And who knows the fate of those cases against the bureaucrats that are registered with the state vigilance organization; the corruption cases against the bureaucrats are never given sanction by the state general administration department. Therefore it is expected that the state government would soon be taking necessary measures in this regard so that both openness and accountability go together.

(Raman Sharma, is an RTI activist and can be reached at jkrtiact@gmail.com)
RTI helps to get Historic Document !
Best use of RTI for Local issues ..
RTI Activists in meeting with NN Vohra, H.E Governor of J & K State.

RTI Is Friend To All


Why  Do I  Recommend  RTI  For Everyone ?
By:Raman Sharma
Let everyone know that Right to Information Act is not focused against anyone and it can only serve the interest of the society and a right-doing person has no reason to worry about this act. Often officers say that people are using RTI to defame and encroach privacy of the officers and also to grind personal gains. But such allegations are baseless, since the provisions of the RTI do not allow any applicant to interfere in personal life of any  individual unless public money is involved in the case.


Now  if the officers want to say that their family members are using official vehicle for the private parties and picnics and people do ask about such details then it cannot be said that applicants are in anyway encroaching upon their privacy.



RTI  is  perhaps the only law which enables even an individual to make government machinery working. We all know in our country and particularly in Jammu and Kashmir innocent people have to come on streets, they are forced to adopt the path of violence and draw attention of the media and only then an FIR is registered forget the follow up done by the agencies,  but  with  the  power  of  Right  to  Information Act  the people need  not  to do such  hectic  exercises  for  their  democratic  rights.
If  officers  want  to   say  that  if  they are keeping an innocent person in illegal confinement and some RTI applicant ask them to give reason for the illegal detention; then is that also breach of privacy of the officer(s)?  RTI is just to make officers and government accountable so that no injustice is done to the citizens.
The perception that RTI is against the bureaucrats and government officers is totally false, Right to Information can even help them. In many cases the government officers have been able to get justice with the help of RTI Act. Their illegal and void transfer orders have been revert back.  Many retired employees have been able to get their pension cases settled which were pending for the past so many years. Now, employees using RTI to get details of their G.P.F and P.F funds.

Once again it is advised that do not be afraid of RTI power but you also need to exercise this right and feel the essence of the democracy.  

For, every member of our society RTI has a significant role.
For students: They can use RTI to get information related to excess fee charged, delay in exams and results, and against error in declared result.
For Legal Professionals: The legal fertility can use this act to collect evidences and gathering details like orders, circulars regarding the case, so that they can pursue their case effectively and help the judiciary in deciding the case in a time bound manner.
For Patients: From any health institute the patient or his family member can seek every detail related to the facilities a patient entitled to avail thus making the institute to give better services.
For Housewives: They need and can use this act more effectively, if a housewife is not able to get her booked LPG cylinder in prescribed time then she may approach the Oil company and can ask the reason for delay ultimately making the agency holder to act and ensure delivery well in time.
For Consumers: With increasing buying habits we all are becoming victim of the companies and individuals, often we are served with poor quality of service and low quality material. With the help of RTI we can make these companies accountable. If a person is being deprived of the service which he is suppose to be provided then he may approach the head of the company concerned through an RTI application.
For Civil SocietyNow, people need not to worry about poor condition of the road or an open manhole. Just file an RTI application to the department concerned and how fast road is being done and manhole comes back. Or a broken letter box is repaired in a few days.
For Politicians: The politicians always remain busy in gathering information which can bring the weakness of the government so that they can build pressure on the government. The politicians can use RTI to bring the corruption of any department into notice of the government and public. Ultimately it also serves the interest of the general public.
For Historians: RTI can be helpful to historians who are engaged in writing on past events; they can seek the copy of documents and can use that in his assignment.
For Government: RTI can serve the government even in a much broader way, it helps in building a habit of accountability and transparency amongst the officers. It also reduces fake and heavy TA, DA bills of the officers and officials. Channelize the hotchpotch system of the government offices.
For NGO's: In our system NGO's play an important for the welfare of the downtrodden people of the society. They have been able to bring significant changes be it women empowerment or girl education. The NGO's can seek information on any issue of public importance and make department concerned to act on that. They can also seek information related to various schemes run by the different agencies of the government.
For Journalists: Journalists play the role of all above mentioned members of the society they have  even more responsibilities and are epicenter of  expectations of the society members. They have a crucial role to play. For the  RTI is a never ending source  of daily stories, as far as profession of journalism is concerned  there is a need and appetite of gathering information for self use and for references in the stories. Thus recommending RTI to journalists must be appreciated.
There is no one in our society who cannot feel the wonderful experiences of RTI. Hence every member of the society should exercise his democratic right and file at least one application under Right to Information Act.

Writer, Raman Sharma is a devoted RTI activist, feedback@: jkrtiact@gmail.com

Won't allow to weaken the act: activists



By Mohinder Verma
DAILY EXCELSIOR, 04-JAN-2012
JAMMU, Jan 3Notwithstanding much thrust on clearance of pendency by organizing Lok Adalats in different
 parts of the State, over 2.77 lakh cases are still pending in various courts including both the wings of State High Court and clearing entire back-log is a matter of concern for the judiciary.According to the official data, out of total 2,77,914 cases pending in different courts across the State, 81027 are pending for disposal in both the wings of the High Court only. Of these 39087 are the main cases while as 41940 are miscellaneous
To settle such a large number of cases, there are presently only seven Judges in the High Court against the sanctioned strengthen of 14 including Chief Justice. These are Justice F M Ibrahim Kallifulla, Chief Justice of the High Court, Justice Virender Singh, Justice Mansoor Ahmad Mir, Justice J P Singh, Justice Mohammad Yaqoob Mir, Justice Muzaffar Hussain Attar and Justice Hasnain Masoodi.
Earlier, the number of High Court Judges was eight but due to transfer of Justice Sunil Hali to Allahabad High Court the vacancy has risen to seven, said the details furnished by the office of Registrar General of State High Court, Jammu in response to an application moved under J&K Right to Information Act, 2009 by RTI activist Raman Sharma.
About the reasons for not appointing the sanctioned number of High Court Judges, which is imperative for early clearance of pending cases, the official said, "the process of elevation against vacancies is under the consideration. The sanctioned strength of the High Court will be filled as and when elevation process is completed".
The situation vis-à-vis pendency of cases is more worrisome in the Districts Courts, Sub-Judge Courts, Munsiff Courts as till ending June 2011, a total of 1,96,887 cases were pending in these courts. Of these, 72121 were civil and 124766 criminal cases, the official information said.
In the District Courts, a total of 42033 cases were pending, which included 22217 civil and 19816 criminal. Similarly, a total of 65985 cases including 23280 civil and 42705 criminal were pending in the Sub-Judge Courts. A total of 88869 cases including 26624 civil and 62245 criminal were pending in Munsiff Courts.
The Subordinate Judiciary is also facing shortage of Judges albeit not much. As against sanctioned strength of 68 District Judges inclusive of 2 ex-cadre posts, the District Judges are in place on 60 posts.
In response to a question, the PIO of Department of Law, Justice and Parliamentary Affairs said that District Judges are being appointed on the recommendation of the High Court and the vacant posts would be filled up only on the receipt of any proposal from the High Court in this regard. He, however, said that presently no such proposal is pending before the Law Department.
"Keeping in view the pendency of cases, it is imperative to speed up the process of filling up of vacant posts of Judges in the High Court as well as Subordinate Judiciary", official sources stressed, adding "every effort must be made to fill this gap so that pendency of cases is cleared without any further delay".




From Jehangir Rashid
Daily Excelsior 22-Nov-2011
SRINAGAR, Nov 21: Kashmir University has spent huge amount of money on the renovation of the residence of the Vice Chancellor while a whooping amount of over 15 crore has been paid to the Power Development Department (PDD) as electricity tariff.
The details were made public by the Assistant Public Information Officer (APIO), University of Kashmir in response to an RTI application filed by Raman Sharma. In his RTI, Sharma had sought details about the expenditure made by the University since January 2005.
The APIO said that ` 35 lakhs have been spent on the renovation of Vice-Chancellor's lodge during 2008-09. "This money was used in renovation of bathrooms by way of plumbing and sanitary, renovation of kitchen and shelters, painting CGI roofing and allied works and renovation of different electric works."
He said ` 1,40,675 has been spent on the renovation of the Vice-Chancellor's secretariat during 2008-09 and 2009-10. Referring to the other expenses made by the University authorities, the APIO said that an amount of ` 15,11,59,073 has been spent as booked expenditure of the electricity charges from 2004-05 to 2010-11.
In his reply, the APIO has said that 36 vehicles were purchased by the university authorities from January 1, 2005 to October 31, 2011. He said the value of total purchases stands at more than ` 2 crore. He said that maximum number of vehicles were purchased in 2008 with the number being 14.
"During 2005, three vehicles were purchased while as identical number of vehicles were purchased during 2006. During 2007, eight vehicles were purchased while as the number of vehicles purchased during 2008 stands at 14. In 2009, seven vehicles were purchased while as one vehicle was purchased during 2010," said the APIO in his reply.
The APIO has also provided information about the booked expenditure with regard to TA/DA paid to Vice-Chancellors, telephone charges, advertisement expenses, computer equipments, scholarships/ fellowships, advertisement of Directorate of Distance Education and late fee from 2004-05 to 2010-11. He said the different departments of the varsity spent around ` 4 crores. More than two crores were spend on the holding of seminars, workshops and conferences from January 1, 2005 to October 31, 2011.
Meanwhile, Vice-Chancellor, University of Kashmir, Professor Talat Ahmad has ordered that the transport fleet of the varsity would no longer ferry the heads of departments to the university from their home and vice-versa as the fuel charges of these vehicles have touched new heights.
The Vice-Chancellor has kept at his disposal four vehicles that would be used for ferrying the HODs at the time of dire emergency. This move was necessitated following the revelation that 36 vehicles were purchased by the varsity authorities during the six years (2005-2010) and there was huge fleet of over 100 vehicles in the varsity.



RTI  TREE

Saturday, March 17, 2012













JK RTI: No more information from CID


The Northlies , 17-March-2012, 




NL Correspondent
Jammu, Mar. 16:
After making tall claims of brining transparency and accountability in the administration the Jammu and Kashmir government is now all set to trim the Right to Information Act in the state, which somehow have helped the people to get justice in a dignified manner. Jammu and Kashmir Government have exempted State's Criminal Investigation Department (CID) from the purview of Right to Information Act 2009. Vide SRO 26 and GAD order No. GAD(Adm.)110/2009-V dated 12-March-2012, the state government in exercise of the powers conferred by section 21 of the Jammu and Kashmir Right to Information Act, 2009, the Government specified the Criminal Investigation Department (CID) as an organization of the State which is now not liable to provide information to the citizens. Section 21 (1) of the J & K RTI Act 2009 allows the state government to put intelligence and security organizations out of the purview of the act by virtue of a gazette notification for the purpose but in cases of corruption and Human Rights Violation, the organization is still liable to provide information after the approval of the state information commission. However as per Section 21 (2) of the J & K RTI Act 2009, every notification for exemption for any organization is to be tabled before each house of the state legislature. This move of the state government will deprive the citizens to seek status of their passport applications pending with the CID for verification. It is pertinent to mention here that in Jammu and Kashmir in view of the so called militancy situation, Passports under Normal and Tatkal Categories are granted only after receipt of the Clear Final Police Verification Report, verifying & authenticating the antecedents as well as photograph of the applicants by the CID Headquarter . As of now the passport applicants were successfully using RTI applications to get timely verification of their passport verification which otherwise remain pending with the department for quite a long time. 

http://www.thenorthlines.com/newsdet.aspx?q=50603





Independent MLA marshalled out from JK Assembly over CID issue

PTI | Mar-19-2012
Jammu, Mar 19 (PTI) Independent MLA Engineer Rashid was marshalled out from the Jammu and Kashmir Assembly today after he resorted to protests over the de-linking the CID of Jammu and Kashmir Police from the purview of RTI. Raising and protesting over the issue, Rashid rushed into the Well of the House and resorted to noisy scenes amidst seeking of reply from the government on it. Law and Parliamentary Affairs Minister Ali Mohammad Sagar said Rashid had a habit of creating noisy scenes and disrupting the House repeatedly. This angered the MLA, who entered into verbal duals with the Minister. As the Chair's repeated directions that Rashid should go to his bench failed, Speaker Mohammad Akbar Lone directed marshals to take him out and the MLA was marshalled out of the House. "My voice is being muzzled. I am raising the public issue which is most important for the people, particularly those who wanted to go on Hajj", Engineer Rashid told reporters outside the Assembly. As per reply of the RTI, there are 60,000 passports of various families pending for clearance with the government and they are not been granted passports to go on Hajj, he said. Rashid alleged that those whom the government called separatists were enjoying the facilities with grant of passports and visiting other countries, but the common people were suffering for want of passports to go on Hajj. Chief Minister Omar Abdullah is on record on the floor of the House that nobody can be denied passport on the ground that he is the relative of people involved in militancy related cases, added. 




‘State Govt’s official website defunct’

GAD gets RTI plea


Greater Kashmir, 15-March-2012


Jammu, Mar 14: Irked by the defunct webpage of the Jammu and Kashmir Government’s official website—www.jammukashmir.nic.in for past 18 months, RTI activist Raman Sharma has filed an application to the General Administration Department under Jammu and Kashmir Right to Information Act, 2009 seeking reasons for it.
 In his RTI plea, the activist has asked the name of the department and officers responsible for failing to update the website. He has also sought details about the amount of money spent by the department for creation of this site.
 In his plea, he has requested the concerned PIO to provide details of the present status of the website and the time in which the webpage will be updated.




JAMMU AND KASHMIR RIGHT TO INFORMATION ACT 2009






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