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The Right to Information in South Asia

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The Right to Information in South Asia THE RIGHT TO INFORMATION IN SOUTH ASIA MONTHLY NEWS DIGEST (November 2013) Compiled by Aneesha Johny Commonwealth Human Rights Initiative (CHRI) B‐117, First Floor, Sarvodaya Enclave New Delhi – 110 017 Tel: 011‐ 43180201/43180214 Fax: 011‐2686 4688 Websites: www.humanrightsinitiative.org and http://sartian.org Email: [email protected] Disclaimer: This compilation is meant for private circulation only. CHRI makes no claim about the exahustiveness of this compilation vis-à-vis the universe of RTI stories published during this month. CHRI has not edited any of these news stories. Before quoting from this compilation, readers are requested to check the weblink mentioned under each news story. Copyright for the news stories and photos included in this compilation continue to vest with their true owners. Contents Sl. Subject No. of Stories Page 1 Stories of successful use of the RTI Act and their impact 59 2 2 Stories of challenges faced by RTI users 30 82 3 Reports of court judgements relating to RTI 6 123 4 Important notifications and circulars on RTI and news 35 132 about the Central and State Information Commissions 5 Reports of penalties imposed under the RTI Act 8 174 6 Attacks on RTI users and activists 9 182 7 RTI-related editorials and Op-Ed pieces 3 193 8 Reports of RTI-related events 18 200 9 RTI in South Asia 3 221 10 References - 226 1 Stories of Successful use of RTI and their Impact 01 NOVEMBER 2013 1) Maharashtra govt spent Rs. 7.04 crore on Adarsh commission over 2 years HT Correspondent, Hindustan Times Mumbai, November 01, 2013 The state government spent Rs. 7.04 crore on the Adarsh commission, which worked for around two years in probing the irregularities surrounding the infamous tower in Colaba. This was revealed in the reply to a Right To Information (RTI) application filed by an activist. The amount works out to a per-day expense of Rs83,605. The expenditure includes the cost on establishment of the panel, payments made to the counsels, and logistics provided to the commission, which worked for 842 days till April 18, 2013, the day on which it submitted its 691page report to the government. The report is yet to be tabled in the state assembly. “The legal fee for lawyers was substantial and it is surprising why different departments and agencies of the same government appointed different counsels and advocates,” said Anil Galgali, who filed the RTI application. The largest chunk of the expenditure — Rs3.97 crore — was towards the remuneration of counsels and lawyers. A senior counsel was paid Rs1.15 lakh per appearance, while four lawyers were paid Rs40,000 and Rs25,000 per appearance. The expenditure also includes the monthly fee paid to two counsels appointed on per manent basis between January 2011 and April 2013. Senior counsel Dipan Merchant was paid Rs1.48 crore, while junior counsel Bharat Jhaveri was paid Rs17.90 lakh. The remunerations were paid by various departments of the state government. Led by retired high court judge JA Patil, the commission comprised former state chief secretary PA Subrahmanyam and 14 government employees. The expenditure on the salaries of these 14 employees appointed on deputation between January 2011 and April 2013 was Rs1.88 crore. The MMRDA, which granted commencement and occupation certificates to the Adarsh society, bore Rs1.02 crore of the total expenditure. 2 The share was towards the setting up of the office premises at Old Customs, salary of the staff, stationery expenditure and the expenditure on three vehicles allotted to members and secretary of the commission. The information also reveals that the urban development department is yet to pay Rs1 crore to t he counsels and towards other expenditure. Source: The Hindustan Times, http://www.hindustantimes.com/india-news/mumbai/maharashtra-govt- spent-rs-7-04-crore-on-adarsh-commission-over-2-years/article1-1146046.aspx Also available at: http://www.dnaindia.com/mumbai/report-adarsh-panel-costs-state-coffers-rs7-crore-1912182 http://www.indianexpress.com/news/-state-spent-rs-7-crore-on-adarsh-panel-/1189755/ http://articles.timesofindia.indiatimes.com/2013-11-01/mumbai/43591443_1_rs-1-15-lakh-rs-25- crore http://www.thegoan.net/India/Bombay/Will-the-Adarsh-Commission-report-ever-see-the-light- of-the-day/06480.html http://galgalianil.blogspot.in/2013/10/govt-spent-rs-704-crore-on-adarsh.html 02 NOVEMBER 2013 2) 72 speedboats patrol Maharashtra's coast, reveals RTI query Saturday, Nov 2, 2013, 11:51 IST | Agency: DNA The state has around 72 speed boats to protect its coastal districts. These were purchased after the 26/11 attack, when terrorists entered Mumbai by sea. RTI activist Chetan Kothari, who had filed an application in 2011 for the information, was given these details recently. In his application, Kothari had sought information about coastal security, the committee formed to meet the modernisation requirement, the money allotted and the staff slotted for the same. As per the information provided by the home ministry, of the total boats available, around 57 speed 3 boats were bought in the last 10 years — 28 were given by the central government and the rest by the state. The boats are in the range of Rs1.3 crore to Rs3.46 crore. The reply states the central government will give additional funds for improving coastal security — Rs40 crore in the first phase and Rs62 crore in the second. As per the reply, the coastal police are provided with 3,304 personnel. All boats are equipped with arms, ammunition and bullet-proof jackets. The navy and the coast guard train the staff. Source: DNA INDIA, http://www.dnaindia.com/mumbai/report-72-speedboats-patrol-maharashtra-s- coast-reveals-rti-query-1912747 3) Only 14 accused convicted in 792 cases under POCSO Act, says NGO New Delhi, November 2, 2013 Gaurav Vivek Bhatnagar A child rights group has noted with concern that while as per the Protection of Children from Sexual Offences (POCSO) Act, 2012, the purpose of setting up special courts to try such offences was to provide a speedy trial, the district-wise data provided by the Directorate of Information has presented a very gloomy picture with nearly 95 per cent of the cases still pending decision. In a letter to Delhi Chief Minister Sheila Dikshit earlier this week, non-government organisation Pratidhi expressed concern that the information it recently obtained on the current status of cases registered under the POCSO Act being handled by the designated courts revealed that in the 792 cases received during the last 11 months only 14 accused were convicted. “A total of 750 cases are still pending with all the courts. The very purpose of setting up special courts to try such offences is to provide speedy trial, but now 94.69 per cent of cases are pending with the courts,” Pratidhi director Raaj Mangal Prasad wrote. The NGO has also pointed out that the POCSO Act came into force on November 14, 2012, and its Section-28(1) says that “for the purpose of providing a speedy trial, the State government shall, in consultation with the Chief Justice of the High Court, by notification in the Official 4 Gazette, designate for each district, a Court of Session to be a Special Court to try the offences under the Act.” However, Mr. Prasad wrote that “in response to a letter written by Department of Women and Child Development of Delhi Government, the Delhi High Court has conveyed that ‘for the time being there is no need for setting up exclusive courts’.” He said noting the huge pendency of children’s cases with the designated courts, there is a need to set up exclusive special courts for taking up the cases registered under The POCSO Act. Thus the NGO has urged the Chief Minister to take up the matter with the Delhi High Court so that such courts can be set up and the pending cases are disposed at the earliest. Among the various courts, the RTI responses have revealed, only six of the 54 cases were decided at New Delhi District, Patiala House Courts and there were five convictions there; four of 29 cases were decided at East District Karkardooma Courts with one conviction; three of 40 cases were decided at North East District Karkardooma Courts with no conviction; five of 61 cases were decided at Shahdara District, Karkardooma Courts with no conviction; and six of 92 cases were decided at South West Dwarka Courts with no conviction. Apart from this four of 82 cases were decided at Central District Tis Hazari Courts with four convictions; five of 145 cases were decided at West District Tis Hazari Courts with no conviction; four of 64 cases were decided at North District with one conviction; three of 102 cases at North West District, Rohini Courts Complex and they all resulted in convictions; and one of 55 cases was decided at South District Saket Courts Complex with no conviction; and three of 70 cases were decided at South East District Saket Courts Complex with no conviction. Source: The Hindu, http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/only-14-accused- convicted-in-792-cases-under-pocso-act-says-ngo/article5307203.ece Also Available at: http://articles.timesofindia.indiatimes.com/2013-11-01/delhi/43591745_1_special-courts- acquittals-cases http://www.financialexpress.com/story-print/1189332 5 4) ASI yet to excavate key sites in Ayodhya, reveals RTI query Allahabad, November 2, 2013 Omar Rashid The Archaeological Survey (ASI) of India purportedly initiated digging at Daundia Khera village in Unnao after a priest, Shobhan Sarkar, claimed to have dreamt of 1,000 tonnes of gold buried under the ruins of a dilapidated fort.
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