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October 12, 2006
Chief Information Commissioner Preaches Ahimsa for Errant Officers

The Chief Information Commissioner (CIC) of India, Wajahat Habibullah, has reportedly told Indian Express that he believes that penalizing RTI officers will not get them to do their duty – that ahimsa towards the officers would help spread RTI.

On October 11th, the Indian Express carried a statement by the CIC that he did not believe in penalizing officers who were found deliberately withholding information. This at a time when many believe that the Information Commission, instituted to ensure that RTI was being implemented, has now been staffed with former bureaucrats who are actually making it more difficult to implement RTI. So it is important to analyze the context of this statement.

 

The Right to Information Act was passed by the Indian Parliament to increase transparency in governance and to make the government accountable to the people of India. As a result, a large number of people, especially in cities have been able to use RTI to get details about pension plans, land deeds, PDS papers and other government processes that have often been denied or withheld for years – sometimes decades. Clearly, it is the people who have been wronged – sometimes by rampant corruption that deliberately sidetracks these processes and at other times by negligent and non-accountable government machinery.

 

It is in this context that the RTI has provided relief. However, in many cases, officers have refused information to applicants – and that trend is growing. Magsasay Awarded and RTI activist Arvind Kejriwal points out that, “According to CIC's
own website, 71% cases were dismissed without even calling people for a hearing. Under the RTI rules, it is mandatory for CIC hear people before dismissing their cases. CIC's own website says that out of 1500 cases decided, penalty was imposed against only two officers despite blatant violations by various Government officers. Out of these two also, one penalty has been subsequently withdrawn and the other is in the process of being withdrawn. As a result, the officers are getting emboldened and are now routinely refusing information.”

 

Where the CIC was set up to actively encourage people to use RTI, the CIC is actually strengthening processes that deny information to people – people who are often harassed by the failing government. And he calls this Ahimsa. Instead of finding ways to strengthen these processes of increasing transparency through public accountability, the CIC has actually found ways to counter processes of accountability. In fact, by doing so, he is presenting further evidence that the senior bureaucracy of India is primarily interested in bribes and has much to lose from these processes of accountability and transparency; that it will continue to work to subvert democratic processes.

 

Ravi Kuchimanchi, of Association for India’s Development, in an open letter to the CIC points out “under the Act, CIC does not have the power to pardon or to not impose or to waive the penalities. The RTI act says that the CIC and SIC "shall impose a penalty of two hundred and fifty rupees each day till application is received or information furnished." It does not say 'penalty upto Rs 250/day' nor does it say 'can impose a penalty' nor does it say has the 'discretion to impose a penalty.' It is not power that SIC and CIC have to impose penalties, it is the duty.”

 

In his note to Habibulah, he further points “the Indian Express article states that you believe in ahimsa and adds that you maintain that " levying penalties on public servants found deliberately withholding information is "not the only way" to make them comply with the Right to Information Act."  The RTI law does not give you the choice to select the way.  It infact prescribes the way of penalties. Not only this let us realize ahimsa as enunciated by Gandhiji is active resistance to injustice and there is no himsa committed in a financial penalty imposed on those who are unjust in discharging their public duties.”

 

His presentation to Indian Express under this guise of ahimsa reeks of corruption and excuses for corruption and has nothing to do with Gandhi’s idea of ahimsa which was a process of empowerment of the poorest of our society. It has certainly shaken the faith of people in the role of the CIC – which can be gauged by letters that have been sent to the President on the same issue. At the same time, we are sure that public pressure will continue to ensure that a praetorian bureaucracy will not get away with subverting democratic processes for its own corrupt gains.


Related Links
Information Commission Destroying RTI?
RTI Campaign Hits the Trail in Maharashtra
File Notings Part of RTI as per Parliament Discussions
File Notings Essential to RTI

 

Posted by collective at October 12, 2006 07:33 PM
Comments

Drug Enforcement Administration
Office of Diversion Control
2401 Jefferson Davis Highway
Alexandria, VA 22301
Dear Sir,
At the outset let me congratulate you and NCB of India to nab petty
Drug Peddler from Noida India, You need to nab the Big Fishes Drug
Mafia Lal Krishna Advani and Drug Lord Mumbai Sharad Pawar and from
Chennai P. Chidambaram and his protégé Anil Agrawal of Sterlite /
Vadanta Resource( A partner of Dawood Ibrahim in Metal Trade ) all his
Tuticurin Port Jetty of Tamilnadu it is not Copper smelter but it
is a drug smelter with full connivance with Tamilnadu Police, all
Afghanistan drugs from Pakistan border enter in India then surfaced
to Madurai and sold to Jafna Srilanka to LTTE , I think the
Norway Mediation team of LTTE must tell them there is no solution by
Gun and terror it is only democratic Dialogues which can heel the old
wounds and the way forward for prosperity for 6 bn World population
since US and European
Youth's are the worst sufferer of This drug Mafia. Pl give some
Safety support of Indian Officials of NCB I am attaching here a letter
of their Deputy director and leaving on you read the genocide petition
and take a call weather it is a Human Right Violation or not
,corruption in NCB their very letter drafting one can smell the rat
and constitutional break
down of My in Newdelhi for last 4 yrs.I have fair Idea of corrupt US
State Department officials are being heavily bribed by Drug Lord
Sharad Pawar and ISI of Pakistan and CIA agent Lal Krishna Advani,(
Even bringing the Gospel of truth in US state departments notice these
two are getting red carpet from US authority is totally uncalled for )
what has happened to US intelligence God Knows the
Rotten Wheat not even suitable for Human Consumption sale to Govt of
India by US companies at Double the price
Rs.1600 Per ton what poor Indian Farmers getting ( Less then Rs.850
per ton)at The behest of Ill-fated agriculture minister of India
Sharad Pawar, US agencies needed to Do a serious course correction as
Out of which 30% commission going in Sharad Pawar's Overseas bank
account which is Going
for terrorist funding Sharad Pawar is heading the Al Qaida Operation
In India, I have already started an on slaughter to track this Drug Money
Trail by their relatives Jayant Advani, Pratibha Advani and Supriya
Sule, I need to bring P. Chidambaram's Son Kartik and his wife also in
the Ambit of my Jurisprudence compliance soon so that they must
realize what damage this drugs does to the
Addicted youth their Family, they must visit some Drug rehabilitation
centre and see the trauma and agony, I have serious ammunition against
Chidambaram's wife Nalini Chidambaram for promoting prostitution
Sending here daughter in Law to visit various Diplomats, Judges,
Ministers, Business man for financial Gain. P. Chidambaram Co and
Family is the Symbol of Flash trade, Organized crime syndicate, white
caller financial crimes (what economic prosperity he is talking about
when 91 crs( 910mn ) Indian people living at Rs.20 per day or Rs. 600 per
months ($15 per months worst then Ethiopia and other poorest of the
poor African nation he is totally misleading the country all bogus
statistics and out of sync must be reprimanded immediately before it
is too late ( I am sure that Wharton University of Pennsylvania will
not again call Financial Criminal P. Chidambaram for interface with
their students , world economic Forum Davos and IMF will be happy that
I opened their eye timely or they were about to do same Mistake like
Time Magazine of US( to project criminals Harshand Mehta, Fake stamp
scam cop Kamat, Vagul, Patna DM Goswami,CR Bhansali,Ramesh Galli of
Global Trust Bank,Dinesh Dalmia of DSQ software ect , you must know
the fragrance of sand of the mother land before making Bogus icon's of
India, what one
can expect from Nalini Chidambaram screaming 20 yrs. Back she was
Crying for help to ex PM, when P. Chidambaram was not coming Home staying
with His Keep Jayanti Natrajan this guy used all dirty tricks to come
on top now only Military trail in Gunntonamo bay of His and another
Criminal Lawyer Arun Jetley can save the countries from Drug Crimes
since they are master in misleading the Hon bale courts( waste
precious time of Hon bale courts and Indian tax payers) and Ground
agency they should be nabbed immediately with everyday delay and
millions of worldwide youths are addicted to Drugs
sine they Give Bla Bla reason how much quantity recovered have a
stereo type question when entire
World will be converted in Columbia this Ill-fated Civil Aviation
Minister of India Prafful Patel a drug Mafia Sharad Pawar's Right
Hand,has left no stone Untern to convert all Indian Airport from where
the International Flights are there to have transshipment facility
.all custom, CISF, Airport Vigilance security catch only the petty
peddler while Bigger fishes go unnoticed from Green channel
Hope your organization will rise above from short time commercial gains and
Have some honest CIA, FBI and Home land Security Guys a special task
force to crack Indian centric drug criminals who's
Accountability and commitment needed since it was found many of your
cadre's in past have involve in excessive wine and women which kills
the natural Intelligence and drug Mafia allure them with Money, Women,
Wine and ( they must be posted only for max 6 months tenure)all kind
of intimidation go scot free doging all norms of International
protocol for Drug Related crimes .This Jocker External Affairs
Minister Mr.Pranab
Mukherjee( his keep is with Ex Delhi Police Chief Dr. K.K Paul's wife
when this public srvnts works or does a mockery of Indian Democracy )
Must read the Bilateral and Multilateral treaties India is a Signatory
to combat Various global syndicated crime I run complete out
of patience to see the continuation of Drug Lord Sharad Pawar In
council of minister last 3 yrs. i have written to all three of UPA and
Congress Party ( his continuation as agriculture minister has
tantamount to the crime committed by these three involve in criminal
conspiracy IPC 120B,
criminal intimidation, abetment of Drug crimes, Money Laundering ,
cyber crime 65-72 IT act, and all others range of counts these
accused are facing at their behest central agencies are damaging me
deliberately I have all corroborative, circumstantial and substantial
evidence that these three are also Receiving Drug Money of Shard Pawar
and also Cricket match Fixing money for Congress fund through Rajiv
Shukla ( I know this will be last term of Congress I so called UPA
in India for next 100 yrs. They will never come in again power in
centre they have written their own political obituary) I will not
hesitant and compel to Initiative strong action against these three in
apex court as per National Security Act and NDPS act I have fair idea
what Attorney General Mr.Milon Banerjee and Additional Solicitor
General Mr. Gopal Subramanium is misleading in many sensitive cases in
the Hon bale
Courts including Apex court and thus Subverting the Law of the land
and Loss to Tax payers hard earn money and a constitutional break down
in India if one single Vote in
Rajya Shabha is Rs.25 lacs what the Guy who is elected will be a
priest and sing Devotional song in Upper House or involve in rampant
corruption to recover his money ASAP public services will take back,
Drug Mafia Sharad Pawar's game plan that ISI of Pakistan theory will
work in India I am told Sharad Pawar has taken Photo graph of
Sitting Hon bale Judges of Apex Court, Hon bale Delhi High Court , Hon
bale Mumbai High Court and many country wide, District and sessions
In compromising stage and Blackmail them (including trail and Lower
Court) if you want to damage any countries democracy Mafia first
damages the Hon bale Judiciary so that they can convert it in Banana
republic Whole life this Gaddar Sharad Pawar ( Traitor's Daughter
Mrs.Supriya Sule Pawar is one degree ahead of her father she dummed
her Husband Mr, Sule and now Supriya sule is keep of Vikke Patil ,
entire maharastra has come to Bazirao Peshwa era of Danse, Song, Women
,wine a complete breakdown of Law and order immediate president rule
needed to have the Waste coast from Drug Mafia))did this exercise
Vigorously, it is his Misadventure of promoting prostitution and a
crime of PITA ( 7 yrs. Imprisonment provisions for prevention of
Immoral Trafficking Act he must be thinking what new Damage he can do
to Indian Union Coming in Rajya Shabha what is left now How all
these years Barmati elections were, Rigged mass booth capture , Fix,
Fake and Bogus , with the BMC election ON Gun Point distributing Rs.25
lacs to each Nodal Election duty Official ,now reached in Hon bale CIC
and Hon bale Apex courts tells the Ground reality of Maharastra) If
the suspended Judge of Honbale Delhi High Court Mr. Samit Mukherjee is
to be believed and if at all there is any substance in his revelation
that Land scam accused Fixer Khattar and other accused used to supply
call girl, prostitutes to his House everyday in Evening. All files of
Honorable Delhi High courts File sent to his residence where
practically sandwiched with these sleaze and pin up Girls reaching to
the Bad room of Sitting Judges to influence Judgment in favor of
accused. He further stated that all legal firms employee 99.99%
females are the front end integrator of this very Dangerous of this
precedence, this allurement of Highest democratic office is nothing
but the dereliction of official duty and Ballant Violation of
Prevention of corruption act by a Public servant. I am not going on
his entire confession that on Saturday Sunday this VIP escort Visit of
Sitting Judges of Apex court, Hon bale High court and all Trail court
sponsored by Legal firms. Accused money to Massuri, Derhradoon, Nepal,
Rishikesh, Chandigar, Shimla,Panchgani , Haridwar, Varanashi, Jodhpur
and some time Foreign Visit are nothing but a complete Jolt to
Democratic temples due process of Law an act to Subvert the Law of the
land . Samit Mukherjee has candidly said that on Judgment day Monday
when Hon bale Delhi High courts sat after the pleasure weekend trip
the Order sheet was being made by Fixer Khattar and he was just
signing it.
It seems that all is not well another person has
recently said in public domain that Union Carbide US company of Bhopal
Gas Tragedy has paid him Rs. 5crs( $1.25mn) to pass a Judgment of a
lesser claim of Gas Victim's of Bhopal the Hazardous Methyl Iso
Cyanide where after a Quarter century passed till date the New Born
baby are handicap, Indian public has lost Rs.2200crs to US Courts for
the connivance of this Person. How come this MNC are Accessing the
highest person of Hon able apex Court( it is complete shocking and
surprising my understanding is the Priest of Temple of Democracy are
supposed to be not mix up with society at large and specially the
accused) it is impossible with out the Brokers P. Chidambaram and Arun
Jetley these two has damaged so much the Indian Constitution's fabric
even their Capital Punishment( they must be hanged ) is insufficient
THEIR PUBLIC HUMILITION
AND LYNCHING is the only solution to send strong message to all this
criminal lawyers their profession is Law and not white caller crime .
I am 200% sure this Goons Sharad Pawar, L.K. Advani,Sanjay Mittal,
Dr. K.K. Paul, Arun Jetley, P. Chidambaram, Mazid Menon, Shashank
Manohar, Pinto Khaitan and needless to mention Shamit Mukherjee's are
temporary phase and not long run impediment and Hindrance to prevail
law of the land , soon they will be wiped out from the space my 1.1bn
sensible Citizen of India. Europe, America, Asians, Gulf, Latin
America all has seen Mafia reaching to the peak sooner then later
their down fall came it is now been experienced in India and African
nations you can not subvert the law for long, the theory of Panch
Parmeshwar prevailed in India from ages and will continue. Indian
democracy is passing though its toughest and worst phases, I am sure
soon it will come out with rousing and full colors from shackles of
useless fallow Jocker Pranab mukherjee who himself sleeping with Dr.
K.K. Paul's ( ex Delhi Police chief) everyday will not able to do any
serious course correction which is the urgent need of the hour.
Kindly acknowledge my mail
thanks
With regards
Yours Faithfully
Pualk Chowdhury
111,Royal Residency, Plot no 5, Sector9, Dwarka, newdelhi, India 110075

Posted by: Pulak Chowdhury on March 30, 2008 09:01 AM
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