Whispers Forum

The appellant had a grievance regarding non-allotment of his alternate entitled land area for construction of a shop in lieu of the land acquired by the Damodar Valley Corporation which caused him financial stress. He sought an action taken report on his application along with a note sheet of daily progress on his complaint which was denied under sections 8(1)(g) & 8(1)(h) of the RTI Act. The CIC ruled that blanket denial of information was not appropriate. The PIO was directed to provide a revised reply indicating the categorical action taken on the averred complaint along with the relevant available information after procuring the same from the actual record holder after applying severability in consonance with Section 10 of RTI Act. Regarding allocation of land area for his shop, the CIC held that it is purely a matter of grievance which is not amenable under the RTI Act.
Comments
The Right to Information Act provides the mechanism for procuring information which can be used for the redressal of any grievance. It is not, by itself, a forum for grievance redressal.
Citation: Amal Mandal v. Damodar Valley Corporation, File No: CIC/DVCOR/A/2022/120453, Date of Decision: 03.11.2022
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

Sir Alladi Krishnaswamy Iyer said: “The doctrine of independence is not to be raised to the level of a dogma so as to enable the judiciary to function as a kind of super-legislature or super-executive”. The judge is addressed as “Learned/Ld Justice…”. The language of the judiciary under Art 348 is “English”. English was in use for all purposes before 1947 stated in Art 343. Calling the decision of the Executive “hanky-panky” shows disrespect to the Prime Minister and the President who have taken/approved the decision. Judges are not above these two constitutional authorities. In the Warrant of Precedent they follow, not lead, the President/Prime Minister. This is not English u/Art 348 but Inglish, derogatorily called Hinglish/Tinglish/Binglish etc. Much of the pending cases in the courts are due to freedom taken with the English language, especially the text of judicial pronouncements, which are expected to be the best compositions from the learned to inspire students of law but make no sense many a time. Can justice be expected from judges smelling hanky-panky? Will the judiciary be cautious hereafter?
M L Gupta

A Supreme Court Bench led by Justice KM Joseph while hearing a case related to appointment of Election Commissioners remarked "This is how the silence of the Constitution can be exploited. There is no law, no check. Everyone has used it to their interest. Pick up someone and give him a highly truncated tenure. He is obligated; does your bidding. We are not saying so but it looks like that." Very well said, your honour. Don't you think your remarks are equally applicable to the collegiums system of selection of judges? A case of pot calling the kettle black? Today the bench asked the Government to submit the file pertaining to the latest appointment of Election Commissioner to check that everything is honky dory. Will the justices be prepared to submit to the government files concerning the appointment of judges.
Raghavan

Reports like EVMs being carried in private vehicle four days after the polling in Himachal and an engineer being caught fiddling with the EVMs in Gujarat, if true it certainly creates suspicion about the EVMs not giving fair and true picture where it is said votes are cast for a certain candidate and these get transferred to the other candidate. That is why there is no faith in EVMs in political parties. In Bihar Assembly election also there was widespread belief that RJD lost election due to counting in BIhar due to manmade fraud with the EVMS. If such rumours are true the election commission should do something. They can dispense with the EVMS and go in for ballot papers till EVMs are made full-proof of any fraud. But People have also lost their faith in the Election Commission. At times like this one remembers Seshan who would go around with a stick during election time in the capital and would catch any wrongdoing..The Government of the day could not make him agree to do anything to erode the sanctity of the sacred right to vote of a citizen.
Aarti Khosla

The appellant sought copies of the appointment letters issued to the dependents of the deceased employees for appointment on compassionate grounds during a particular period. During the hearing, the appellant’s representative submitted that the father of the appellant was an employee and hence, information should be given. The CIC observed that the information sought is related to third parties and rightly rejected by the respondent. However, the exemption clause was not correctly quoted. The personal information of third parties are exempt u/s 8(1)(j) of the RTI Act. The CIC further observed that the FAA failed to dispose of the first appeal on time which is a sorry state of affairs. The CPIO and the FAA were both cautioned to be careful regarding the provisions of the RTI Act.
Comments
This is a case where the CIC held that this is a third party information which is duly exempt under the RTI Act. However, both the CPIO and the FAA were at the receiving end due to ignorance of the provisions of the RTI. The CPIO did not quote the correct exemption clause while the FAA did not follow the timeline. All officers must learn the basics of the RTI Act to save themselves from such humiliation.
Citation: Rajesh Nayak v. The CPIO O/o the Cantonment Board Ramgarh, File No. CIC/IARMY/A/2021/132210, Date of Decision: 02.11.2022
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 G20 Presidency has cast a very high responsibility on every Indian. Our thinkers, writers, journalists, media bright lights, academicians and politicians have to show the best of India to the world, a larger part is curious to know more about us. We have the proclivity to use English language as a weapon to terrorise others, especially the English and must, therefore, control our impulses. India and especially we the people of India have suffered a lot from their superior airs and contempt for us. They had not only the advantage of the mastery of the English language but vast experience of living in England, Europe, America and everywhere else excepting real hardworking and struggling India. They talk, speak, write and behave as if they are Oxonians every centimetre. Fine, no objection, it is their fundamental right and we can’t interfere with it in any manner. But when this contempt extends to PIOs it startles. How else Sunak been “smuggled” in to the Conservative Party and made the Prime Minister? Isn’t it mindboggling? Such use of English language even the native speakers would be surprised to know. It is from one the most liked journalist-writers published in the most talked national English daily of India! Such things happen when inspiration is drawn only from western writers ignoring Indians, who write only for Swantah Sukhaya and not for commercial gain. Otherwise even this simple sentence would have inspired some respect in the writer: Ekda Naimisharanya Shaunakadi(Shaunak+adi) 88 hazar Rishiyon ne Shri Sutji Se Poochha “He Prabhu! Is Kaliyug mein Ved-Vidhya rahit manushyon ko…udhaar kaise hoga?” . Every Indian must take this opportunity to take an expedition for the “Discovery of India” and familiarise our guests warmly without unnecessary rancour, bitterness, toxicity. It is for India’s growth and empowerment.
M L Gupta
Pros and cons of Bharat Jodo Yatra
A lot is being said about Bharat Jodo Yatra it's pros and cons. My view is BJP RSS has lost its credibility in eight years, people are fed up with fake narratives, cost of living very high, no improvement in any sphere & each institution which matters for general welfare has been destroyed & made defunct. Seems closer to 2024 the wind will decide which party wins, I am sure whichever wins will win with a thumping majority; it would be an anti BJP RSS vote.
Harish Kumar
Total Addressable Market Value:
Crypto : $ 1.1 Trillion
Silver : $ 1.2 Trillion
Gold : $ 11 Trillion
Stocks/Equities : $ 90 Trillion
Currencies : $ 120 Trillion
Bonds : $ 130 Trillion
Real Estate: $ 220 Trillion
Derivatives : $ 600-1200 Trillion
Imagine the volume in derivatives across the world. Most of them are hedged but even 10% are open positions, the potential of Major collapse. Too much money is riding on bullish positions.
‘Badle Badle Mere Sarkar Nazar Aate Hain Apni Barbaadi ke asaar Nazar Aate hain’
Ajay Agnihotri

DEBATE(2)
I think it will be helpful to Rahul Gandhi and congress party in upcoming elections
Amolkumar Birhade, Kalyan, Mumbai
DEBATE (3)
This is simply to establish himself. Neither the yatra has a vision nor any character. One should not expect too much that it will bring Congress TO POWER.
Girja Shankar
Recent mandate of I&B Ministry causes a flutter
The recent mandate of the Ministry of Information and Broadcasting to the Broadcasters to telecast a minimum 30 minutes each, contents of national importance has caused a flutter, and has not gone down too well with the Industry. But it is a mandate that seems to be in the right direction. It's a nudge to them to visibly perform their public service obligation as contained in their up-linking and down-linking permission.
Uday Verma former Secretary I&B

DEBATE(1)
All I can say is good work by Rahul Gandhi to revive the party. This is good for the Indian and Congress party.
Keshaw Sinha, Bangalore
DEBATE(2)
By this Yatra Rahul Gandhi has been able to create an atmosphere that one should not be afraid of the present Government.
Vijay Tiwari
DEBATE (3)
There is no doubt that Bharat Jodo Yatra has got tremendous response from the public in every state it has passed through .People have showered so much love on Rahul Gandhi. He is also giving so much affection and respect to people, to elderly, women and children and disabled exposing an amazing side of his character. He is showing a tremendous and unbelievable side of his personality as a human being which we rarely see in politicians around us .This will really make a difference in the revival of Congress party to some extent. However, 2024 is still away and people have short memories. They also get swayed by fake promises and false attacks by loud mouthed orators. So one is not too sure that the present enthusiasm being displayed towards Rahul Gandhi and his party will remain till the General Elections. It has, however, no doubt revived the fortunes of the party to some extent and made Rahul Gandhi popular.What a Change for a man who was insulted by being called a' Pappu' by his opponents.
Aarti Khosla

DEBATE(1)
It is a good decision to take out ‘Bharat Jodo Yatra’ in order to mobilize the people to save the Constitution from dismantling.
Sailesh Yadav, Bhopal
DEBATE (2)
Bharat Jodo Yatra has given Rahul Gandhi an opportunity to connect directly with the people of the country.
N K Singh
Veteran Journalist
Criminal has to be punished
Burden of Injustice Justice in India eludes the common man too frequently. It is an exercise in law, ending in total frustration for even the judges, who cry for the victim but express inability to help, caught in a maze of laws. As it is, a gang rape victim has been murdered is a fact on record. Not disputed by anybody. The murder has been carried out by a person/group of persons is also a fact. The criminal has to be punished. After dying several times more the victim/ family members in a span of several grueling years get a judicial pronouncement that the suspects are innocent and criminals are at large. On the civil side the situation is still more worrying. For the sake of justice to the people of India please do something without any delay. Reduce the case book size, decide matters in less than 30/45 and 90 days max, send a copy of the judgment to the plaintiff in the normal course immediately (to ensure no tampering) without applying for it as court heavy fee has been paid at the time of filing a case. Use technology. Video graph the lower courts to decide the quality. See the court conditions. Spare the common man/women and elderly of the humiliation and frustration of court proceedings, ensure cleanliness in the premises which stink presently and treat the judges respectfully by seating them away from toilets. Take PIL from the people in electronic form and display the e-mail address on SC Website. Or allow photography of the premises by the common man to bring evidence. Yeto Sat Tato Dharma!
M L Gupta