2014: A year of attempts to strangle the RTI

Strapline: Political parties defying summons by CIC, a headless information commission and much more meant a low year for this otherwise strong transparency law in 2014.


If 2014 was the triumph of the BJP which brought it to power with a thumping majority, it was also the year when this new government used its power to strangulate the Right To Information Act (RTI), as much as it could. Here are some of the milestones for RTI in 2014.

No Central Chief Information Commissioner

BJP government's clear allergy to transparency came in the form of procrastination in appointing the Chief Central Information Commissioner, the vacancy which continues since 23 August 2014. First, the government tried to give an excuse that it cannot take a decision in the absence of an opposition leader, despite the fact that the RTI Act clearly states that the leader of the biggest political group should be considered to be a part of this appointment committee. When media and RTI activists raised a hue and cry, it decided to call for entries from the public. Now that 200 citizens including all the seven central information commissioners applied, we still await the verdict of the government, which will hopefully come quickly and in early 2015. In the meanwhile, over 35,000 second appeals are pending due to the vacancy of Chief Central Information Commissioner, but the government clearly does not care.

All major political parties unite to be out of RTI purview

In June 2013, the CIC ordered that all political parties come under the RTI Act and declared them as public authorities. This was a result of tenacious pursuance by RTI activist Subhaschandra Agrawal and the NGO, Association of Democratic Reform through the RTI route. Ever since, the CIC has been sending summons to all the six major political parties to attend the hearing in order to hear their side, before making them public authorities. Earlier, it had directed them to appoint public information officers, but it fell on deaf ears. For the fourth time in November, CIC summoned them but all the major political parties – Indian National Congress (Congress), Communist Party of India (Marxist)-CPI(M), Communist Party of India (CPI), Nationalist Congress Party (NCP) and Bahujan Samaj Party (BSP), including the ruling BJP boycotted the hearing, reflecting their united stand to keep their funds, 75% of which comes from unknown donors.

Maharashtra government tries to keep ACB out of RTI

In a move suspected to have been triggered off by the scandalous irrigation scams involving prominent political leaders like Ajit Pawar, and financial irregularities and amassing of illegal properties by Pune’s divisional commissioner, all brought out by RTI activists, the Congress-NCP alliance government surreptitiously removed the Anti Corruption Bureau from the RTI Act. The notification issued by the then state government was in total violation of the RTI Act. It was RTI activist Vijay Kumbhar who sent an official complaint to the Governor, Vidyasagar Rao. By then, the BJP government had been established at the centre. The press release by the Governor’s office states, “The Governor took the decision to withdraw the notification issued by the State Government on 6thSeptember 2014 after considering representations from various RTI activists and taking cognizance of newspaper reports which reflected the view that the notification was in violation of the RTI Act. The Governor also got the issue legally examined before taking the decision to withdraw the notification.”  

BJP comes to power; closes Satish Shetty murder case

After the BJP government came to power at the Centre, in August the unthinkable happened, allegedly due to pressure from a senior BJP leader of Maharashtra. In a suspicious and strange turn of events, after four years of investigations the Central Bureau of Investigation (CBI), suddenly filed a closure report in the Satish Shetty murder case on 11th August. CBI investigations led to a 10,000 page report; several trips abroad by the investigative agencies and almost zeroing on 13 culprits, which gave a hope that the murder case of the Right to Information (RTI) activist would be solved. Suddenly the CBI informed the media about the closure of this sensational murder case, as it named the high profile owner of Ideal Road Builders (IRB), Virendra Mhaiskar, who is close to several top notch politicians of Maharashtra. A sub-registrar and others were also among the accused. The prominent one among the accused is allegedly known to be close to this political leader and hence the shocking turnaround. RTI activists suffered a deep blow in the loss of Satish Shetty and the eventual closure of his murder case.

Pratibha Patil continued to influence sensitive RTI decisions

Former President of India, Pratibha Patil who was compelled to return the expansive 2,60,000 sq ft of premier Defence Land in Pune, which she was turning into a post-retirement luxurious mansion, allegedly played her role in interfering with Information commission appointments. Her former secretary, Rajendra Jadhav, received the plum post of Amravati’s Information Commissioner, which incidentally is Pratibha Patil’s home town. If that was not enough, Jadhav got additional charge as Pune’s Information Commissioner, despite the fact that it takes nine hours of travel from Amravati to Pune, making it unpractical to give him the additional charge. This was after Pune’s Information Commissioner M B Shah fell ill. In fact, information commissioners of Mumbai and Konkan, who can travel to and fro within three hours were ignored. Like icing on the cake for Jadhav, he was promptly provided an official residence within a short time, despite the fact that several senior officers were in queue for accommodation. The biggest violation though, was courtesy SCIC Ratnakar Gaikwad, who over-stepped norms of appointment as only the Governor can appoint information commissioners, but there has been no action by the government on Gaikwad’s move.


(Vinita Deshmukh is consulting editor of Moneylife, an RTI activist and convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting which she won twice in 1998 and 2005 and the Chameli Devi Jain award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book “To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte” with Vinita Kamte and is the author of “The Mighty Fall”.)




2 years ago

Transparency, like all other virtues, cannot be absolute. I'm sure you have complained about cases dragging on for years, yet you now complain about a closure of Satish Shetty case which has been investigated ad-nauseum.

As someone said, there are limits to what you can give to others, but no limits to what you can demand from others. It seems very true of this article.

So let me ask you a simple question - what would you rather have - a corrupt anti-national government against whom you can file a zillion RTI enquiries and make a noise on media, or a clean hard working one, which refuses to be sidetracked by real/imagined issues of activists. I dont expect you will answer, because you cant do so without negating your own stance.

Bapoo Malcolm

2 years ago

For those of you thought of achhay din, it was meant only for the politicians. Unfortunately the poor public thought that their lot would improve!

Some time back, when Moneylife had carried an article on goondas in AGMs, had commented that worse would follow. I was immediately criticised.

We are going Pakistan's way. With a Taliban flavour. Shooting small vessels out of the water makes good copy; like stories about attacks on the high and mighty. More is to come.

Rahul Gandhi, a non-icon at best, had kept on repeating that his team gave the nation the RTI Act. You ridiculed him, hopefully for monotony. Quite possibly it was the only thing that he could be proud of! But then, what a gift. Now why cry when the Act is being destroyed?

Chickens always come home to roost.



In Reply to Bapoo Malcolm 2 years ago

There is no need for you to bring your political axe to grind in this article. And nor are we impressed by your doomsday predictions. So please make comments that have some relevance to the article.


2 years ago

I fully agree with the report of Vinita Deshmukh. There appears to be an organised coterie who try to favour establishment against the transparency and accruing benefits of the act to the public. Till 2011 CICs used to be applicant/appellant friendly.If eh appellant is not personally present to put his points for getting relief, the CIC used to rely on what pleas are made in appeal and documentary evidence. No more so.Shri Ratnakar Gaikwad in a recent case just disposed of an appeal simply on default and what the respondent said as the appellant was not present because he was unaware of the hearing date being out of station.Can U imagine that within 17 days of second appeal, the hearing notice was sent? Can we believe such magical transformation in disposal of cases ?A simple information of a line was required for which the PIO and FAA both insisted on payment of Rs. 10 to get the ten page records to cull out information whether the applicant is able to understand or not. A time will come when getting a pointed information from an authority will be A FUTILE EXERCISE. And where is the monitoring of dissemination of justice as per the spirit of the act?


2 years ago

2014: A year of attempts to strangle the R.T.I. and me ? for Non-receipt of ‘CERTIFIED-COPY’ under application dated ; 09/01/2014 - Sr,No-306 , (O-130/2014 , E1-305) I would like to bring your notice that the final order to Change Bye-laws to accommodate as member to 315 families from The Government of Maharashtra vide No- RVA 2702/CR-208/15-C, Date-25/08/2003 is based on our Mumbai HCWP-No 4481/2001 and it is high time to think how can it get stayed by the same HC by filling of a newer WP-8508/2003 by the MC of the ‘Shree Ganesh Co-Operative Housing Society’Nerul,Navi-Mumbai-400706. It is aimed to continue uninterrupted mala-fide practices and to avoid intervention of competent state Government authorities & to block the fundamental ‘RIGHTS OF SHELTER’ for 315 families out of total 454 ? ‘being highly deprived of life, liberty and property without due process of law" therefore required ‘CERTIFIED’ copy as to confirm whether a ‘GENUINE STAY’ has been granted by this Honorable HC/MUMBAI or is a ‘BLUFF’ from society committee ? So be please to issue an ‘CERTIFIED’ copy of the ‘STAY’ or any kind of ‘ORDER’ as to define stay without any further delay. / Thanks With very warm Regard.

sohan modak

2 years ago

Thanks Vinita, You have exposed the hypocrisy of the successive governments, office bearers and political parties, all of whom have been strangulating the democratic institutions by abusing the power of rupee.

R Balakrishnan

2 years ago

The Modi Government does not like transparency. So do not expect anything so long as they are in power. They cannot carry power with responsibility and/or dignity. Unfortunate.

U.S. Bishops Take Aim at Sterilization

A toughening of Catholic medical directives could include enforcing a ban on tubal ligations.


The Vatican has an absolute prohibition on sterilization for the purposes of birth control.


The U.S. Catholic bishops consider the procedure "intrinsically immoral," on par with abortion. Yet for years, Genesys Health System, a Catholic medical center near Flint, Mich., allowed doctors delivering babies there to tie the tubes of new mothers who wanted to ensure they never got pregnant again.

Genesys's policy wasn't hard to fathom: Performing a tubal ligation immediately after childbirth is the long-established standard of care, especially if a woman is having a cesarean section. "She's already cut open — her tubes are right there," said Sarah Ward Prager, an associate professor in obstetrics and gynecology and director of family planning at the University of Washington Medical School. Subjecting a new mother to a second surgery carries "unnecessary risk," Prager said. "It is simply unethical to say, 'I'm going to make you come back to a different hospital to have another surgery in six weeks because the bishop says I can't tie your tubes right now."

Then, seemingly out of the blue, Genesys reversed course. Starting November 1, sterilization with the "direct" aim of preventing pregnancy — as opposed to for some other medical ("indirect") reason — was banned. Patients who had planned to have the procedure after childbirth were left scrambling; their irate doctors were, too.

Read Full Story Here



BJP Government appoints 4 PSB MD-CEOs, Chairmen to follow soon
The BJP government has departed from the norm and appointed 4 bank heads as MD&CEO of the PSBs, instead of the CMDs that ruled banking before
On the last day of the year, The Appointment Board chaired by the Governor of the Reserve Bank of India (RBI) and comprising the Department of Financial Services (DFS), Ministry of Finance and Government of India, has decided to split the Chairman and Managing Director (CMD) position who headed Public Sector Banks until now. This will re-distribute the clout of the all-powerful CMDs that used to run PSBs before. A non-executive Chairman will be appointed to head the board, thereby making way for much-needed oversight on the actions of the bank heads. 
“Henceforward, in the new appointments of PSBs other than SBI, the Chairman will be a part time Board Member who would preside over the Board Meetings and will not be an Executive Chairman.  The procedure for selection of part time Chairman would be announced shortly,” the government's release said.
This latest move begs the question, whether the appointees must be celebrating or could this at the most be a pyrrhic victory for the months of lobbying? 
The government's release said that the appointments will be “for a period of three years or till the date of superannuation, whichever is earlier.”
The four new bank MD-CEOs are as below:
1. Shri R. Koteeswaran, Executive Director, Bank of India appointed as Indian Overseas Bank - MD & CEO
2. Shri Animesh Chauhan, Executive Director, Central Bank of India appointed as Oriental Bank of Commerce – MD & CEO
3. Shri Kishore Kumar Sansi, Executive Director, Punjab & Sind Bank appointed as Vijaya Bank – MD & CEO
4. Shri P. Srinivas, Executive Director, Bank of Baroda appointed as United Bank of India – MD & CEO
With respect to the other pending appointments at major PSBs, the release clarified that, “For three `A’ Category Large Banks, i.e. Bank of Baroda, Punjab National Bank and Canara Bank, the Government has decided to go for a fresh selection procedure with a view to widen the search of candidates.  The procedure for this would be announced shortly.”
It also said that the post of Syndicate Bank head was also under active consideration and would be filled soon.


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