Whispers Forum

If the people want good orders from CIC which are legal and in favour of disclosure, they must exercise pressure on their local representatives or such orders depicting the ignorance of the CIC will continue to flow. An incompetent teacher can destroy the future generations and a judge can end the Rule of Law. The information commission is the last bastion of democracy and it must rise up to the occasion by giving quality orders in the shortest time. Delays and illogical orders will end the faith of the citizens in the sunshine act. For accountability to flourish, the gatekeepers must be competent and agile.
V K Dash

Your website carries two items of RTI today - 1.Brilliant case law 2. News of CIC retiring on October 3 (Today is October 16). The case law shows what is wrong with the structure of RTI in India. Instead of the CIC acting in favour of disclosure, the Information Commission is looking for the slightest of the option to refuse information on technical grounds. It is the travesty of the Country to have wolves as guardians. Having a few Bureaucrats as Information Commissioners is fine, but why should almost all the Information Commissioners be retired civil servants? Those who have not given information during their service period will not turn monks and hence, their tendency to reject application on the slightest pretext is not good for democracy. The order shows that the Information Commissioners are poorly equipped in legal knowledge and lack the basic attitude which is essential for transparency.
Samariya

There is a lot of talk about the number of journalists and professors from OBC from corrupt dynasts. Either they do not understand social reality or they are doing these thing deliberately. The truth is that OBCs are very powerful. Being in great numbers and artificially inflating their numbers by including Muslims among them (Islam is casteless society), they join politics and become MPs, MLAs, Ministers, Chief Ministers. They have had the benefit of reservations for the past 28 years in IAS and many decades more in PCS. So, they join these powerful positions. They are big businessmen. They have immense property. Only those who cannot do these things in India struggle and become journalists and professors for a living. So obviously, there will be fewer journalists and professors from OBC. Why do these corrupt dynasts not talk of representation in the army? Jiski jitni bhagidari, uski utni hissedari should hold also for dying for the nation. It would be instructive to have a caste census of freedom fighters and those who gave their lives for the nation. As we know, Babasaheb Ambedkar never opposed the British nor ever went to jail in British India, on the contrary, he was a Member of the Viceroy's Executive Council (post of Cabinet Minister). On the other hand, Chandrashekhar Azad, the Brahmin, gave his life for the country.
Vijay Kumar

An application was filed seeking the name of the CPIO and FAA at Central Bureau of Investigation, provisions of law about nondisclosure of name of the CPIO and FAA while disposing of application/ Appeal and related information. The PIO replied that the CBI has been put at Sl. No. 23 of the Second Schedule to RTI Act, 2005, subject to the provisions of Section 24 of the Act. The CIC observed that as the instant RTI Application and Appeal(s) have been filed collectively by two persons, the Appeal is not maintainable. The CIC ruled that since the instant RTI Application is not filed as per the laid down provisions, the appeal(s) are treated as infructuous.
Comments
The order of the CIC is contrary to the decision of another bench of the CIC. In the case of Samir Kumar Haldar v. Employees Provident Fund Organization, Appeal No. CIC/SG/A/2010/001429 decision dated 16 July 2010, it was held that there is nothing in the law or the rules preventing more than one citizen from submitting the RTI application. The CIC was hearing an appeal against the order of the FAA which held that it is not proper to disclose the information sought jointly. The CIC should have acted as per judicial discipline and the matter ought to have been referred to a larger bench if there was a contrary view.
Citation: Mr GV Malwad and Mr VN Malwad v. CBI Policy Division, CIC/CBRUI/A/2022/654255 + CIC/CBRUI/A/2022/643367; Date of Decision: 20/09/2023
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com

The War against terrorism is a multifaceted campaign involving all members of our country and its societies. Nobody is excluded. Why? We all are being harmed by a terrorist attack unequivocally.The terrorists want maximum effect on our nation.
What do terrorists want? See for example 9/11 or 26/11 or recent attacks globally.
Fear and subjugation is the key ingredient of terrorism against unarmed, civilian population of the country (the children, the elderly, the women, the disabled).All weak people / members of our societies in all corners of India. There is no need to doubt that aspect.
The means adopted by terror forces are multifaceted. Any ingredient which will cause havoc and untold harm is adopted including suicide vests / suitcase bombs, and beyond. Destruction on a vast scale is the aim, locally in a city, a region, or multiple targets in a country simultaneously to achieve stated aim - viz: fear / panic / chaos / wasteland - destruction of infrastructure like hospitals/ metro stations/ airports / bus terminals.
Manipur is a prime recent example in India. The master puppeteer was orchestrating the attacks from overseas. Resources were pumped into a disaffected few terrorists to ensure chaos and snowball events. Paid media sources created further disaffection on social media, which was honed upon by political parties. Finally the determination of the Armed Forces prevailed to bring sanity into the state.
The aforesaid clearly outlines the task to combat terrorism. It has to be multidisciplinary which involves marshalling all resources and people of the country.
In the 21st century, Electronic Intelligence (ELINT ) and Human Intelligence ( HUMINT) of the Armed Forces , Police , IB , RAW, combined with effective policing will be in the forefront . Our corporate public sector and private sector companies have a major role to be fulfilled especially in the ELINT sphere and should be tasked fully in all corners of any country especially on the Dark Internet.
National Intelligence Agencies must assist the Armed Forces / Police around the clock, with special inputs on action to be taken rapidly to avert terrorist activities of say 26/11 or 9/11 or recent Manipur attacks, from our Eastern Adversary, China. People with special language skills, computers, ethical hackers, physical abilities and more should volunteer to join this fight against terrorism. The Ministry of Home Affairs and Defence should jointly coordinate these efforts.
Why is a neutral country like India a target today, by terrorists/ terrorist forces?
It is the rise of India globally as a economic powerhouse and rapidly building our infrastructure in roads, railways, airports and the Armed Forces. India was seen after Partition as a poor sick country living on dole from global NGO’s. The last decade has seen a dramatic transformation. This astonishing rise by a hard working Indian people is unimaginable to many.
A national effort to combat terrorism is the need of the hour with volunteers needed from men and women from all members of our country for the years ahead. Remember Terrorists have no faith, no religion, no responsibility, they only believe in their demented thoughts - creating fear is their keystone.
We have the right to protect ourselves as per our Articles of the Constitution drawn up by our forefathers in 1950.
Devindra Sethi

India's support for the Palestinian cause has been an integral part of its foreign policy. India was the first non-Arab state to recognize PLO in 1974 as the sole and legitimate representative of the Palestinians. India voted in favour of accepting Palestine as a full member of UNESCO in 2011. Later, in 2012, it voted in favour of upgrading the status of Palestine to a 'non-member state ' in the UN. Furthermore, in 2014, India supported the UNHRC resolution to launch a probe into Israel's offensive in the Gaza battle field. Take the case of the sudden flare-up in the middle east. Experts of the Hudson institute of the US believe that the primary cause of the conflict is not the attack by Hamas as much as the threat of the Iranian nuclear programme as perceived by the US and Israel. Another important point. PM Netanyahu was keen to get rid of the country-wide protest marches by millions of Israeli citizens against his administrative policies .He found the escape route to divert public attention. It is an open secret that Israel gave billions of dollars to Iran to get the Israeli citizens released. Iran diverted the prisoners' money to the Hamas. This is suspected as within the realm of possibility. One wonders, how could the world's topmost spying agency Mossad, miss the Hamas infiltration into Israel? Against this background, dropping Phosphorus bombs by Israel on the Gaza battlefield, killing thousands of innocent civilians is in contravention of Geneva Convention. Strangely, no country has condemned the dastardly act. Not even India. India has lost its trusted friend Russia by promising unconditional support to Israel. The US's assistance by supplying arms, ammunition, fighter jets mounted on aircraft carriers like the infamous 7th fleet, has merely escalated the tension in the region. The Russia-Ukraine war is the case in point. MEA's official stand is not clear. The focus of India's foreign policy merits revisiting. No doubt, Hamas deserves to be decimated. But, the collateral damage to the innocent civilians must stop. There is no hope of achieving peace in the near future at the world's latest flashpoint. India, as the emerging superpower is expected to be more proactive in exercising influence in stopping the situation from further escalation. Appeals by India to the warring adversaries for maintaining peace in the region, is the need of the hour. No purpose would be served by unquestioningly toeing the line of the western powers. PM Modi shares a personal bonhomie with PM Netanyahu. He must use this proximity in the long term interests of the country and the world-at large.
A K Saxena (former civil servant)

The issue raised in date with RTI has been settled by Apex Court in Civil Appeal Nos 1966-67 of 2020 arising out of SLP no 5840 of 2015 titled Chief Information Commissioner v. High Court of Gujarat and another by full bench judgment on 4th March 2020. Para 43 of the judgement is relevant please. The information seeker will have to follow the procedure specified in special Acts or Rules.
Yash Pal Singal IPS Retd Former DGP Haryana and former State Chief Information Commissioner, Haryana.
Chandra Shekhar Interview
Wonderful thoughts. I had the privilege to interact with him on few occasions briefly and found him an officer par excellence apart from a very good human being. My salute to you Sir.
R K Gupta

War in West Asia has now commenced with brutal results being shown on the hour by the hour by our media and those overseas. The forces of terror are gleefully exploiting this media attention to further their political propaganda and worse. India has successfully stayed out of conflict zones by a firm policy of neutrality. WIC has been a leading forum for discussion, about the ails and travails of the common Indian. In this climate of warfare and its likely approach to our shores what should a Bharatvasi do? Remember your home, job, industry, financial assets, family, car, and more are safe when our country is safe. Today two million Ukrainian people are refugees in Europe without anything. Increasingly calls are now emerging for these Ukrainian people to go home. Nobody wants them anymore. European economy has been battered by the senseless war there. The people of Gaza will soon suffer the same as the Ukrainians. If war comes to India despite our best efforts, look at our situation. To the north we have the Chinese army, to the west we have the Pakistani beggar state, to the East we have Myanmar, and to the south we have the Indian Ocean. There is no territory to go to and seek refuge. Today India has worked very hard and we have: $ 600 billion in forex reserves at home; our gold assets within the country is 25000 tons as stated by World Gold Council recently. We have the fastest growing economy in the world as stated by IMF and World Bank recently. There is much to protect as outlined above and more as we march to become an advanced society in the decade ahead. Indians have themselves, 1.4 billion of us only , to overcome war , from our adversaries, who covet our land , our financial assets, our gold, our industry, our economy, our independence. We need to stand together, support our Armed Forces, through thick and thin now. The present central government has performed very well in the last decade and ensured a terrorist free society. We need that strong government to ensure progress for our children and grandchildren. WW3 if and when it occurs will wreck havoc globally worse than the last world war.
Devindra Sethi

Odisha bureaucrats are very powerful, due to weak political control over the state, the bureaucrats there have started thinking of themselves as princes and queens, forgetting their constitutional duties and oaths of office. The central government should come up with a policy with regard to SOP in public life and work stations, along with dealing in public. The ‘Maai Baap’ culture of bureaucrats has to go in modern India.
Madhulika Mishra
Infiltration across border
Major infiltration across borders during the Congress regime. I would like to correct Vijay Kumar. The word ‘infiltrators’ should be replaced with “prospective vote bank of Congress”.
Pradeep Kumar

Forum has stated that there are 112 Deputy Secretaries who are stagnating in the grade and are eligible for promotion to the Director’s Grade. Further, 86 Deputy Secretaries who have completed 14-15 years combined service in Under Secretary grade and present grade against the eligibility of 10 years and they can also be promoted to Director’s Grade. Irony is that many of these officers have almost served over 35 years in the Service and they will retire in coming months without getting legitimate due of promotion in the Director’s Grade. This is not only unfortunate for these retiring officers but have very adverse effect on the moral and motivation of the officers of Service.
GB

Copy of a CAT order was denied under the RTI Act, 2005 advising the applicant to apply for obtaining copies of judgments/documents etc. of a particular case after providing the complete details of case as provided under Chapter XVIII of C.A.T. Rules of Practice, 1993. The CPIO & FAA relied on a division bench judgment of the Hon’ble Supreme Court in the matter of Chief Information Commissioner v. High Court of Gujarat, CA No(s).1966-1967 of 2020 dated 04.03.2020. The CIC referred to Apex Court judgment dated 11.04.2019 passed by a Division Bench in the matter of Institute of Company Secretaries of India v. Paras Jain, CA No. 5665 of 2014 wherein it was held that the existence of two avenues is not mutually exclusive and it is up to the candidate to choose either of the routes. Thus, if a candidate seeks information under the provisions of the Right to Information, then payment has to be sought under the Rules therein, however, if the information is sought under the Guidelines of the appellant, then the appellant is at liberty to charge the candidates as per its guidelines.
Comments There is confusion on account of varying stands taken on the issue by different benches whether judicial orders should be provided under RTI Act if there is an alternative procedure prescribed under any other rules. The alternate procedure might be lengthier, complex or costly and hence, it should be left to the individual to choose the one which he wishes to use. Till a final word emerges, the confusion unfortunately, is likely to continue.
Citation: Girish Damodar Gole v. Central Administrative Tribunal, CIC/CADMT/A/2022/666640; Date of Decision: 20.09.2023
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com