Peoples' participation vital for RTI Act success: CIC

[ganpat1956]

Agra, Aug 18: Highlighting the importance of the Right to Information Act (RTI), Central Chief Information Commissoner (CIC) today said peoples' participation was necessary for its success.

Addressing newspersons here, CIC Wajahat Habibullah said it was important that the commanman understands the Act.

''It would act as medium through which disputes could easily be solved'', he added.

Of the 10,000 complaints received from all over the country, 7,000 had been settled, which he said was far from satisfactory.

''About 35 petitions were filed against the decision of the commission. However, all such decisions were upheld by the judiciary'', Mr Habibullah said.

A meeting will be held in New Delhi in October to discuss the present status of the RTI in different states. Representatives from all states would participate in the meet, he added.

Mr Habibullah said every state government should spread awareness about the RTI Act among the masses.

Peoples' participation vital for RTI Act success: CIC @ NewKerala.Com News Channel

[colnrkurup]

Who said that people are not participating. Even this web page is an example. But the CIC does not consider the view of the particiants nor he does people to interfere with his affairs. There are innumerable observations raised by cityzens on many of the orders passed by the CIC and inactions of the State Information Commissions. Did the CIC orSIs respond ? He is now planning a meeting of all SICs during October. He has published his agenda. Has he included any of the issues raised by cityzens. People want the SICs should come prepared with their state of pendancy and reason for each of the complaints pending over 3 months when theycome for the confencence during Ocober 2006. This requirement was projected to His Excellency the President of India who will be chairing the meetting. The President has sent the sugestion to the CIC under intimation to me. Has the CIC done anything one it. At least he should have intimated me the action taken by him. His statements similar to this appears only window dessing.

[kushal]

What were the suggestions, can you kindly share with us?

[colnrkurup]

There were innumerable suggestions. I have given a detailed observations on the non-maintainability of CIC's(Management) Regulation 2007. In order to save retyping them I had already sent it by e-mail to you.

1. There are far too many unlawful orders issued by the CIC. The CIC not being a court of records they cannot quote that orders as an authority for their subsequent orders on similar subject. Instead of making the citizen forums approach the judiciary to cancel all such orders, the CIC could allot a segment in the "legal Opinion" section of their web page where citizen could point out such mistakes to them. The provision to correct the mistakes in one's own orders is inherant on every judicial system and naturally the CIC could suitably correct such mistakes suo moto taking the cue from the observations put forth by citizen if the CIc consider it as acceptable to him. Otherwise he should comment in the web itself on such observations so that the cityzen could approach the concerned judicial forums if needs be
2. The CIC has planned for a conference of all SICs at Delhi during October 2007 puttting the President in the chair. It has published an agenda also. This agenda is found to be hollow. I had written to the President to direct the CIC to revise the agenda in a citizen friendly way asking all SICs to come prepared with their pendency state and explanation for the complaints/appeals delayed for more than 3 months. The President has forwarded my communication to the CIC vide Presidents letter No.P1/C-103354 dated 5-7-2007. Since October Conference is fast approaching I expected at least some reply from the CIC; but it is seen ignorned with no mention of including my suggestion in the agenda already finalised.
3. The present SOP of CIC is not citizen-friendly. His Management Regulation has made the RTI Act a mockery where the principles envisaged in the RTI Act are fully flouted. I had given him a suggestion for following standard opeating procedure:
   • The CIC on receipt of appeals/complaints, forward its copy to the Respondent and AA seeking for their comments with instructions to endorse its copy to the appellant also. They should be in possession of proof delivery of copy of their coments to the appellant. The CIC should forward copy of the covering letter to the Appellant to enable the appellant to know the case number of his complaint and is present position. It should contain instruction to the Appellant to forward his rejoinder to the CIC within a time frame.
   • After the Comments and its Rejoinder, none of parties should be allowed to bring in new factors. This will obviate the requirement of obligatory attendance of the appellant for the hearing
   • Since the CIC is in possession of the complaint, comments from the respondent and rejoinder from the appellant, the CIC is in a position to decide the case without attendance of the parties as no new factors are allowed to be brought in (It may be reollected that even in civil courts the parties are not allowed to produce fresh evidence at the appeal stage, though the CIC ' Management Regulation has a different story.
   • The CIC arrange the hearing with notice to the parties where the attendance of complainant is optional to the complainant; but it is obligatory on respondent to attend as the CIC cannot award him any penalty without giving him an opportunity for being heard.
   • The CIC issue writen judgment at the earliest opportunity to all concerned
   • the CIC make his report and other formalities.

This suggestion of mine is not even respondent. However Prof. K.K. Nigam, the Legal Advisor of CIC has replied that the regulation contain provision allowing the complainant to sent someone else to represent him in hearing at Delhi.

My reply comment on this is already published in this page. It is as good as telling a hungry man that " if he cannot afford 'Rotti' he may eat 'Pizza'

There were more suggestions made by me which I find it difficult recollect from memory as I did not keep a paper file.

[colnrkurup]

Myeditting has expired. Kindly correct theabove message as editted byme or give little more time to re-edit it.

[prbhat_gen]

uptill 18/08/2007 i was unaware of this holy act, THE RTI ACT 2005.

otherwise i would had met the CIC WB here in Agra (my home city).