'Citizens can seek info from CID on graft, rights issues'

[karira]

As reported by Rahul Mangaonkar of TNN in timesofindia.indiatimes.com on 29 August 2008:
http://timesofindia.indiatimes.com/A...ow/3419635.cms

'Citizens can seek info from CID on graft, rights issues'

AHMEDABAD: A debate at the Gujarat Information Commission (GIC) whether the CID qualifies to be listed in the category of organizations exempt from the obligations of the Right to Information (RTI) Act, has taken an interesting turn.

The state general administration department (GAD) has clarified that citizens have a right to seek information from not just the CID but also the state intelligence bureau, local intelligence bureau (LIB) and other such organizations . This though being limited to information pertaining to allegations of human rights violations and corruption as per the provisions of RTI.

The state home department had issued a notification dated October 25, 2005 listing organizations including CID in the exempt category. Section 24(4) of RTI states that its provisions shall not apply to 'intelligence and security ' organizations as notified by the state government.

GAD had asked the home department to take necessary action in light of the instructions received from the department of personnel and training (DoPT) of the Union ministry of personnel, public grievances and pensions. DoPT had on November 14 last year written to all state governments to designate public information officers (PIO's ) and appellate authorities in exempt organizations.

The DoPT letter states that since the RTI does not exempt these organizations from its purview in respect of allegations of corruption and human rights violation, thus the citizens have a right though limited to seek information from these organizations . Acting on the DoPT letter, state GAD had written to the home department on May 17 this year.

This was revealed in a reply sent by GAD to activist Mahesh Pandya of NGO Paryavaran Mitra this month following Gujarat High Court's order to the state government to decide on Pandya's representation seeking action on implementation of provisions of RTI.

GAD has also now revealed that its controversial circular dated November 11, 2005 which stated that file notings do not fall under the definition of information and are not to be given under RTI has been cancelled. The circular was cancelled through notification dated July 22 which also lists the do's and don'ts for the PIOs.

Exempted intelligence and security organizations

State Intelligence Bureau Criminal Investigation Department Anti Terrorist Squad Commando Unit Border Wing Home Guards State Reserve Police Force Local Intelligence Branch. (LIB) Local Crime Branch. (LCB.) Special branches of CP Detection of Crime Branch (DCB) Prevention of Crime Branch (PCB) Special branches of Home department Forensic Science Laboratory (FSL)

[Dr.R.K.D.Goel]

30.08.2008
Dear Karira
I am highly thankful to the fellow RTI 2005 Activists of this Forum. I got the original copy officialy from the GAD deptt. of Gujarat Government of the Gujarat Government GR dated 22.07.2008 in reference of my letter to Mr. Narendra Modi Hon. Chief Minister of Gujarat dated 13.10.2007.
I wrote to Mr. Modi that his beggist mistake is that he is not applying the RTI 05 in Gujarat by not giving the FILE notings to an applicant of RTI Act 05.
Our RTI Act 05 filed a petition in Hon. High Court to get this Gujarat Government Circular dated 14.11.2005 to be canceled.
Thank we got success and a victory of RTI Act 05 activists.
Dr.R.K.D.Goel Vadodara

[Dr.R.K.D.Goel]

30.08.2008
This is good for the RTI applicant of Gujarat those want to seek information from the Home department of the Gujarat Government.
Now we will be able to know about the Bomb Blast of Ahmedabad and unexploited bombs of Surat. It is strange for a general people how the EITs bombs are not exploited and the Police officers are handling these Bombs like Toys? with out taking any precautions.
Dr.R.K.D.Goel Vadodara.