Comments on: Arunachal Pradesh Issues the First Arrest Warrant http://www.rtiawards.org/news/2009/12/05/arunachal-pradesh-issues-the-first-arrest-warrant/ National RTI Awards India to recognize PIOs, Citizens, and Information Commissioners Sat, 17 Jul 2010 12:26:35 -0700 http://wordpress.org/?v=2.8.4 hourly 1 By: Mohammad Faisal http://www.rtiawards.org/news/2009/12/05/arunachal-pradesh-issues-the-first-arrest-warrant/comment-page-1/#comment-122 Mohammad Faisal Wed, 23 Dec 2009 10:40:48 +0000 http://www.rtiawards.org/news/?p=159#comment-122 Dear Shri Chopra Thank you for the candid admission that yes RTI can be used to do heinous crimes by criminals as you gave example of Tyres of Motor Car and its living driver. Morover in my view a person who do crime through RTI is using it like a licensed weapon and his licence to have that weapon must be cancelled or the driving license of that living driver must be cancelled and this power to cancel these licenses should be vested with CIC or state ICs respectively. In this world no judicial or quasi-judicial authority is empowered to listen single side cases only. Today even if a person files frivolous PIL, the High Courts and Supreme court fines them. Similarly the Right to information suspension/revocation process must be spelt out in proposed RTI (Amendment) Act. Dear Shri Chopra
Thank you for the candid admission that yes RTI can be used to do heinous crimes by criminals as you gave example of Tyres of Motor Car and its living driver.
Morover in my view a person who do crime through RTI is using it like a licensed weapon and his licence to have that weapon must be cancelled or the driving license of that living driver must be cancelled and this power to cancel these licenses should be vested with CIC or state ICs respectively.
In this world no judicial or quasi-judicial authority is empowered to listen single side cases only. Today even if a person files frivolous PIL, the High Courts and Supreme court fines them.
Similarly the Right to information suspension/revocation process must be spelt out in proposed RTI (Amendment) Act.

]]> By: M K TYAGI http://www.rtiawards.org/news/2009/12/05/arunachal-pradesh-issues-the-first-arrest-warrant/comment-page-1/#comment-121 M K TYAGI Wed, 23 Dec 2009 06:35:12 +0000 http://www.rtiawards.org/news/?p=159#comment-121 Dear Mr Arwind 2nd Appeal-S K Nagarwal Vs Northeast Frontier Railway, Guwahati-11 was to be heard by Mr M M Ansari on 07-12-2009. Due to bitter experience Mr Nagarwal had requested for VIDEO RECORDING in case ONLY Mr Ansari was to hear the appeal. Since no communication was received Mr Nagarwal decided to take me as INDEPENDENT OBSERVER. When Mr Ansari read my name on the Attendence Sheet, he recused himself. This appeal(CIC/SG/C/2009/000554-AD)was therefore heard Yesterday by Mrs A.Dixit and I alongwith INDEPENDENT OBSERVER Mrs Saroj Tyagi represented Mr Nagarwal. She has issued SHOW CAUSE NOTICE to CPIO as to why penalty should not be imposed on him. M K TYAGI 23-12-2009 Dear Mr Arwind
2nd Appeal-S K Nagarwal Vs Northeast Frontier Railway, Guwahati-11 was to be heard by Mr M M Ansari on 07-12-2009. Due to bitter experience Mr Nagarwal had requested for VIDEO RECORDING in case ONLY Mr Ansari was to hear the appeal. Since no communication was received Mr Nagarwal decided to take me as INDEPENDENT OBSERVER. When Mr Ansari read my name on the Attendence Sheet, he recused himself.
This appeal(CIC/SG/C/2009/000554-AD)was therefore heard Yesterday by Mrs A.Dixit and I alongwith INDEPENDENT OBSERVER Mrs Saroj Tyagi represented Mr Nagarwal. She has issued SHOW CAUSE NOTICE to CPIO as to why penalty should not be imposed on him.

M K TYAGI 23-12-2009

]]> By: Rajendra Chopra http://www.rtiawards.org/news/2009/12/05/arunachal-pradesh-issues-the-first-arrest-warrant/comment-page-1/#comment-120 Rajendra Chopra Fri, 18 Dec 2009 14:58:28 +0000 http://www.rtiawards.org/news/?p=159#comment-120 In reciprocal of the aforesaid reply of Mr. Faisal, I would like to suggest Mr. Faisal to lodge an FIR against the concerned culprit person(s)(if he can finally identify him ) at their nearest Police Station with proper evidences, for such an indulgence/defamation in/of their privacy. Right to Information is not a culprit,here, I would like to add. Here you are trying to blame/give punishment to the 'tyre' of a non-living 'Motor Car' instead of its living Driver, who done its misuse. Further,kindly do not weight all the RTI Applicants in same basket as well as solely blame Right to Information Act for such minor inconveniences caused .RTI is exclusively a public friendly act being enacted by the Parliament for the benefit of masses who had very poor access in Govt. Offices earlier. Moreover, kindly try to be honest here, as you are not making these comments as a Citizen of India first, but are making such kind of demand of punishment on RTI Applicants as a PIO of an organisation , which one can easily be assessed by any one. Kindly think over it In reciprocal of the aforesaid reply of Mr. Faisal, I would like to suggest Mr. Faisal to lodge an FIR against the concerned culprit person(s)(if he can finally identify him ) at their nearest Police Station with proper evidences, for such an indulgence/defamation in/of their privacy. Right to Information is not a culprit,here, I would like to add.

Here you are trying to blame/give punishment to the ‘tyre’ of a non-living ‘Motor Car’ instead of its living Driver, who done its misuse.

Further,kindly do not weight all the RTI Applicants in same basket as well as solely blame Right to Information Act for such minor inconveniences caused .RTI is exclusively a public friendly act being enacted by the Parliament for the benefit of masses who had very poor access in Govt. Offices earlier.

Moreover, kindly try to be honest here, as you are not making these comments as a Citizen of India first, but are making such kind of demand of punishment on RTI Applicants as a PIO of an organisation , which one can easily be assessed by any one.

Kindly think over it

]]> By: Mohammad Faisal http://www.rtiawards.org/news/2009/12/05/arunachal-pradesh-issues-the-first-arrest-warrant/comment-page-1/#comment-119 Mohammad Faisal Fri, 18 Dec 2009 09:12:05 +0000 http://www.rtiawards.org/news/?p=159#comment-119 Dear Shri Chopra I want to clarify your misconceptions 1. I am not searching/demanding penalty for defamation caused to PIO. Instead I am advocating that CIC or State ICs should be empowered to penalise the RTI applicants, who do mischief/cause defamation to individuals due to their motivated mindset through RTI. PIO has no role in it at all. 2. I am simply a citizen of india whose privacy and right to life (which is provided under Article 21) is constantly being encroached by using this RTI Act. 3. In this case the Right to Information of applicant who is causing abuse to the Act itself by misusing it against individuals should be withdrawn and this power should be vested with CIC or state IC, just like in the case of Election Commission of India who has power to withdraw the Right to Vote in case of its abuse by any citizen. 4. Today's CIC or state IC entertain complaints/appeal in a single direction only that is not providing for information, which is inimical to the principle of jurisprudence. The Commission who is in the role of judge should have powers to listen all cases relating to right to information or harm caused to any citizen by utilizing the provided information by the information seeker. 5. In such cases Commissions should also issue warrants against information seekers who are abusing this very democratic act. This will inculcate a sense of responsibility while utilizing this sacred act. M. Faisal 9311209821 Dear Shri Chopra
I want to clarify your misconceptions
1. I am not searching/demanding penalty for defamation caused to PIO. Instead I am advocating that CIC or State ICs should be empowered to penalise the RTI applicants, who do mischief/cause defamation to individuals due to their motivated mindset through RTI. PIO has no role in it at all.
2. I am simply a citizen of india whose privacy and right to life (which is provided under Article 21) is constantly being encroached by using this RTI Act.
3. In this case the Right to Information of applicant who is causing abuse to the Act itself by misusing it against individuals should be withdrawn and this power should be vested with CIC or state IC, just like in the case of Election Commission of India who has power to withdraw the Right to Vote in case of its abuse by any citizen.
4. Today’s CIC or state IC entertain complaints/appeal in a single direction only that is not providing for information, which is inimical to the principle of jurisprudence. The Commission who is in the role of judge should have powers to listen all cases relating to right to information or harm caused to any citizen by utilizing the provided information by the information seeker.
5. In such cases Commissions should also issue warrants against information seekers who are abusing this very democratic act. This will inculcate a sense of responsibility while utilizing this sacred act.

M. Faisal
9311209821

]]> By: Rajendra Chopra http://www.rtiawards.org/news/2009/12/05/arunachal-pradesh-issues-the-first-arrest-warrant/comment-page-1/#comment-117 Rajendra Chopra Mon, 14 Dec 2009 15:17:30 +0000 http://www.rtiawards.org/news/?p=159#comment-117 Read the above the comments of Mr. Mohhammad Faisal which are pertaining to searching/ demanding provisions under RTI Act for 'imposing penalty on RTI Applicant', for defamation caused to the PIOs. In my view, if there will be any provision under RTI Act, our 99.9% PIOs will take advantage/shadow of it, while denying the rightful information to the applicants. Any RTI applicant generally seek some sort of information/clarification on any issue(s) which he like to prefer. If it is not falling under the purview of RTI Act, PIO has full power/liberty to deny the said information. Why the PIO should not excercise his these powers as stipulated under RTI Act, rather than demanding penalty/punishment on RTI applicant? The contents of this para are highly objectionable and ridiculous in view of larger public interest. Moreover, this space has been specifically earmarked to offer comments on 'issuance of first warrant in a RTI matter by the Arunanchal Pradesh Information Commission', which Mr. Faisal did not read, I think so . Read the above the comments of Mr. Mohhammad Faisal which are pertaining to searching/ demanding provisions under RTI Act for ‘imposing penalty on RTI Applicant’, for defamation caused to the PIOs. In my view, if there will be any provision under RTI Act, our 99.9% PIOs will take advantage/shadow of it, while denying the rightful information to the applicants.

Any RTI applicant generally seek some sort of information/clarification on any issue(s) which he like to prefer. If it is not falling under the purview of RTI Act, PIO has full power/liberty to deny the said information. Why the PIO should not excercise his these powers as stipulated under RTI Act, rather than demanding penalty/punishment on RTI applicant? The contents of this para are highly objectionable and ridiculous in view of larger public interest.

Moreover, this space has been specifically earmarked to offer comments on ‘issuance of first warrant in a RTI matter by the Arunanchal Pradesh Information Commission’, which Mr. Faisal did not read, I think so .

]]> By: S Viswanatha Rao http://www.rtiawards.org/news/2009/12/05/arunachal-pradesh-issues-the-first-arrest-warrant/comment-page-1/#comment-115 S Viswanatha Rao Sat, 12 Dec 2009 03:18:30 +0000 http://www.rtiawards.org/news/?p=159#comment-115 This is a classical example of the land mark orders and it should become an eye opening matter to every CPIO/Appellate Authority throughout the country The similar case of mine as well the authorities concerned are not responding for supply of information within thirty days. The higher authorities at the fag end of expirt of time limit the higher authorities are simply endorsing original RTI Applications to their respective authoritites it is requested to kindly indicate whether another thirty days are required for preferring first appeal or a complaint may be filed before STATE CHIEF COMMISSIONER OF STATE S VISWANATHA RAO HYDERABAD This is a classical example of the land mark orders and it should become an eye opening matter to every CPIO/Appellate
Authority throughout the country The similar case of mine as well the authorities concerned are not responding for supply of information within thirty days. The higher authorities at the fag end of expirt of time limit the higher authorities are simply endorsing original RTI Applications to their respective authoritites

it is requested to kindly indicate whether another thirty days are required for preferring first appeal or a complaint may be filed before STATE CHIEF COMMISSIONER OF STATE
S VISWANATHA RAO
HYDERABAD

]]> By: M K TYAGI http://www.rtiawards.org/news/2009/12/05/arunachal-pradesh-issues-the-first-arrest-warrant/comment-page-1/#comment-113 M K TYAGI Wed, 09 Dec 2009 14:44:30 +0000 http://www.rtiawards.org/news/?p=159#comment-113 Dear Mr Arwind HATS OFF to you for successfully completing survey and creating awareness about RTI all over India. The conduct of AWARD GIVING CEREMONY in spite of boycott by CIC is a proof that you are different than most of us. Kindly convey my heart felt thanks to S/Shri R S Sharma, Narayan Murthy, Ratan Tata, P Roy etc. etc. for their valuable contribution and efforts to make India CORRUPTION FREE. Wishing you and your team ALL THE BEST in your adventures, M K TYAGI 09-12-2009 Dear Mr Arwind

HATS OFF to you for successfully completing survey and creating awareness about RTI all over India.

The conduct of AWARD GIVING CEREMONY in spite of boycott by CIC is a proof that you are different than most of us.

Kindly convey my heart felt thanks to S/Shri R S Sharma, Narayan Murthy, Ratan Tata, P Roy etc. etc. for their valuable contribution and efforts to make India CORRUPTION FREE.

Wishing you and your team ALL THE BEST in your adventures,

M K TYAGI 09-12-2009

]]> By: Mohammad Faisal http://www.rtiawards.org/news/2009/12/05/arunachal-pradesh-issues-the-first-arrest-warrant/comment-page-1/#comment-112 Mohammad Faisal Tue, 08 Dec 2009 13:29:22 +0000 http://www.rtiawards.org/news/?p=159#comment-112 I want to know the process by which CIC can award some sort of punishment to an RTI applicant, who is misusing it against individuals belonging to minority community. This RTI applicant is using RTI an instrument of defamation to tarnish the image of individuals. By this way he is abusing the RTI Act itself. For example Right to Vote is a bigger fundamental right given to citizens of india but if a citizen cause abuse to the process of voting, it can be withdrawn. For example Shiv Sena Supremo Shri Bala Saheb Thakerey was disenfranchised and his right to vote was revoked for 8 years as a punishment by The Election Commission of India for the abuse he caused to the process of voting and election. In the same way CIC and State ICs should be empowered to withdraw any citizen's right to information if he abuses the process of RTI. I want to know the process by which CIC can award some sort of punishment to an RTI applicant, who is misusing it against individuals belonging to minority community. This RTI applicant is using RTI an instrument of defamation to tarnish the image of individuals. By this way he is abusing the RTI Act itself.
For example Right to Vote is a bigger fundamental right given to citizens of india but if a citizen cause abuse to the process of voting, it can be withdrawn. For example Shiv Sena Supremo Shri Bala Saheb Thakerey was disenfranchised and his right to vote was revoked for 8 years as a punishment by The Election Commission of India for the abuse he caused to the process of voting and election.
In the same way CIC and State ICs should be empowered to withdraw any citizen’s right to information if he abuses the process of RTI.

]]> By: Ajay Kumar, General Secretary, Public Grievance & Welfare Society (Regd.) Delhi http://www.rtiawards.org/news/2009/12/05/arunachal-pradesh-issues-the-first-arrest-warrant/comment-page-1/#comment-110 Ajay Kumar, General Secretary, Public Grievance & Welfare Society (Regd.) Delhi Sun, 06 Dec 2009 16:23:05 +0000 http://www.rtiawards.org/news/?p=159#comment-110 It’s very heartening for all the RTI activists that warrants of arrest have been issued by this particular Information Commissioner for Non-Compliance of orders of commission for appearance/providing the information. This action of IC should be taken and accepted as precedence for cracking a whip against all rogue PIO’s who have scant regards for authority of State Information Commissions as well as CIC. Now it is the right time for other IC’s to follow this pursuit and take the similar actions against all the PIO’s who act irresponsibly to satisfy their whim of being Government Officials in Power and act in similar irresponsible way to harass the RTI applicants by either delaying the provision of information or denying it to shield the corruption from being exposed and also acting as deterrents to achieving goal towards transparency process by the way of implementation of RTI act. Ajay Kumar General Secretary, Public Grievance & Welfare Society (Regd.) Delhi E-Mail:publicgrievance@rediffmail.com It’s very heartening for all the RTI activists that warrants of arrest have been issued by this particular Information Commissioner for Non-Compliance of orders of commission for appearance/providing the information. This action of IC should be taken and accepted as precedence for cracking a whip against all rogue PIO’s who have scant regards for authority of State Information Commissions as well as CIC. Now it is the right time for other IC’s to follow this pursuit and take the similar actions against all the PIO’s who act irresponsibly to satisfy their whim of being Government Officials in Power and act in similar irresponsible way to harass the RTI applicants by either delaying the provision of information or denying it to shield the corruption from being exposed and also acting as deterrents to achieving goal towards transparency process by the way of implementation of RTI act.

Ajay Kumar
General Secretary, Public Grievance & Welfare Society (Regd.)

Delhi

E-Mail:publicgrievance@rediffmail.com

]]> By: Rajendra Chopra http://www.rtiawards.org/news/2009/12/05/arunachal-pradesh-issues-the-first-arrest-warrant/comment-page-1/#comment-108 Rajendra Chopra Sun, 06 Dec 2009 15:05:24 +0000 http://www.rtiawards.org/news/?p=159#comment-108 अरुणांचल प्रदेश के सूचना आयुक्त द्वारा उठाया गया यह एक अत्यंत सराहनीय कदम है. अन्य राज्यों के सूचना आयुक्तों को भी इससे सीख लेनी चाहिए की वे यहाँ पर आम जनता व् नागरिको की सहायता के नियुक्त किये गए हैं न के भष्ट जन सूचना अधिकारीयों के बचाव के लिए . मेरी और से उनको हार्दिक शुभकामनायें और इस मौलिक प्रयास के लिए साधुवाद. Keep it up.. अरुणांचल प्रदेश के सूचना आयुक्त द्वारा उठाया गया यह एक अत्यंत सराहनीय कदम है. अन्य राज्यों के सूचना आयुक्तों को भी इससे सीख लेनी चाहिए की वे यहाँ पर आम जनता व् नागरिको की सहायता के नियुक्त किये गए हैं न के भष्ट जन सूचना अधिकारीयों के बचाव के लिए . मेरी और से उनको हार्दिक शुभकामनायें और इस मौलिक प्रयास के लिए साधुवाद. Keep it up..

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