Gujarat co-operative dept. denies info to bar association 06.09.2011 | 20:18 Ahmedabad Vijay Shah

A Right to Information (RTI) application filed by the Gujarat State Co-operative Tribunal Bar Association has not been answered on the ground that the association is not a citizen of India. On June 7, the bar association sought details of co-operative banks which went into liquidation in the state during last the 10 years. The information was sought from state Co-operative department.

“We sought details regarding names, addresses of co-operative banks which went into liquidation in the state. Further we asked for the name of Liquidator officer, claims by the depositors if any, recovery and pending amounts of banks which went into liquidation and administrative expenses.” said Hitesh Shah, President of Gujarat State Co-operative Tribunal Bar Association to Law et al. News.

On June 7, NB Sheikh, Public Information Officer of state co-operative department refused to give the information stating that under section 3 of Right to Information Act, 2005 an answer can only be provided to citizens of India and not to any association or other body. Bar association thereafter filed an appeal with the appellate authority of the department, but on September 5 was again refused information on the said ground.

“Interestingly, as a bar association, we have received answers from higher officials of the same department in various matters, but this time they are not ready to answer. If they reply to this RTI, the corruption, irregularities and malpractices of co-operative banks undergoing liquidation are likely to come out. To hide that, they are not replying.” Shah alleged.

The association has however decided to pursue its case before the State Information Commission. Some of the members will also file a fresh RTI application individually to get the same information sought earlier.

“The main intention of RTI Act is to make the administration of government department more transparent through providing proper information. When any association, NGO or other bodies files an RTI application and puts the information in to public domain, it has more impact rather than through a person.” added Shah.

Gujarat Lokayukta appointment case adjourned to Sept. 7 05.09.2011 | 18:08 Ahmedabad Vijay Shah

The Gujarat High Court today postponed a hearing on Gujarat Government's petition challenging appointment of Lokayukta in the state till September 7. State Governor Dr. Kamla Beniwal had appointed Justice (retired) RA Mehta as the Lokayukta without the state government's consent.

Advocate Vijay Nagesh today stated that as governor cannot be made respondent in the petition, the name of Dr. Beniwal has to be removed from the memo of parties. Now the first respondent will be Justice (retired) RA Mehta, who has been appointed as Lokayukta, stated Nagesh.

The court today postponed the hearing and gave time to the petitioner to file the amended petition. Five connected matters have also been filed before the court, one being by Bhikhu Jethawa, father of murdered RTI Activist, Amit Jethawa.

The state had sought to make the Governor as a respondent in the case which the High Court suggested be amended as the same is not warranted under Article 361 of the Constitution. A division bench comprising Justice Akil Kureshi and Justice Soniya Gokani had asked the state to file amended petition in the matter.

On August 25, Governor Beniwal appointed Justice RA Mehta as the state Lokayukta bypassing the state government. On this matter senior leaders of Bharatiya Janata Party (BJP) had also visited the president Pratibha Patil and asked to recall the Governor.

For the last eight years post of Lokayukta in the state has been lying vacant.

Former Minister IK Jadeja seeks more time to appear before riots probe commission 05.09.2011 | 14:47 Ahmedabad Vijay Shah

Former Gujarat minister and currently spokesperson of the ruling BJP party in the state, IK Jadeja, today failed to appear before the Nanavati-Mehta Commission probing the Gujrat riots. Jadeja sent an application seeking more time to appear before the commission. The application does not mention any reason for his seeking more time.

Jadeja was summoned by the commission for questioning on the riots. He was in charge of Urban Development department of the state, during the riots of 2002.

"Jadeja was supposed to appear today before the commission but he has sought more time. He is likely to be appearing on September 23." said Mukul Sinha, a lawyer and activist of Jan Sangharsh Manch(JSM), an NGO representing riot victims.

Jadeja is the second minister who was summoned and will be questioned in this regard. Earlier the commission had quizzed former state home minister Gordhan Zadafia which took place in-camera.

It has been alleged that Jadeja alongwith then colleague in the ministry Ashok Bhatt were present at the city police control room, during the riots and had issued instructions to the police.

Fighting corruption from within 23.08.2011 | 08:15 Ahmedabad Vijay Shah

Using the Right to Information (RTI) as a tool, a 45 year old transmission executive of All India Radio is locked in a tenacious battle with his own department in a bid to expose corruption and nepotism in the organisation.

The executive, Ravindra Parmar who works in All India Radio, Ahmedabad first came to know of the alleged involvement of four of his colleagues in a racket in 2008 wherein they would appropriate to themselves sponsored programmes being commissioned by the government from private agencies, carry it out themselves and appropriate the financials.

Parmar moved an application under the RTI Act seeking details about the sponsored programmes. His plea for information hit a wall and were fended off with either half-baked replies or bland statements to the effect that records were not available.

With whatever information his repeated pleas could glean, Parmar knocked the doors of the CBI which swung into action in 2008 raiding the office and residences of the various officials including the station director Sadhana Bhatt. Following the raid and subsequent investigations, two of the executives, the husband-wife team of Mihir and Ashleesha Mehta were placed under suspension and continue to be so to this date. The two had set-up a company, Manisha Creative which was allegedly being used to secure the programmes contracts.

According to Parmar, All India Radio suffered a loss of Rs 70 lakhs due to this abuse of well laid out service rules. “There will be many more such cases and the losses will go into a huge sum of money, if the records are properly probed. In these cases also what has emerged so far is merely the tip of the iceberg”, he says charging that more people are involved and even conduct of higher-ups role needs to be looked into.

“According to Central Civil Services (CCS) conduct rule 15(1)(f) & 8, no staff member of All India Radio and Doordarshan is authorized to give voice or to act in the sponsored programs, but some of my colleagues didn’t care about the rules and gave their voice in sponsored programs.” As per Ravindra Parmar.

He is emphatic that “Before a program is aired, it is the responsibility of the station director to check the entire program. It is only after it is cleared by him that it is aired.”

Parmar is a man possessed. He has so far filed 30 RTI applications pertaining to AIR. In fact his persistence has led the AIR management to file a complaint that he is misusing RTI to harass it, and as a result he has now been served with a show cause notice.

Parmar however refuses to give up and is doggedly pursuing the matter. The CBI has recommended Regular Departmental Action (RDA) but the department is yet to move in this regard. Parmar’s question is why only two employees have been suspended, when there are atleast three others who are involved ? He is not happy with the CBI as well and on 26 February 2010 he has filed an application under section 319 of CrPC, in the CBI court seeking reinvestigation of the case.

“An outsider can fight against corruption, but to be in the system and to fight against one’s own colleagues and seniors, it becomes very much difficult”, he says adding that during the last four year’s epic battle, he has gone through unbearable stress and harassment including threat to life. He now stands transferred to Bikaner but has refused to go advancing the plea that he is been transferred because he is raising his voice against corruption.

Acting on his complaint the Central Vigilance Commission has directed AIR to stop his transfer not to harass him. Even Ahmed Patel, political advisor to Congress President Sonia Gandhi has acted on his representation and urged for a stop of his transfer. Unfazed, Ravindra Parmar’s epic battle continues. “I will not rest until I get justice”, he says emphatically.

Haren Pandya murder – Relief to accused by Gujarat HC 29.08.2011 | 16:55 Ahmedabad Vijay Shah

The Gujarat High Court today dropped murder charges against all 12 accused in the Haren Pandya Murder case of 2003. The High Court also took the Central Bureau of Investigation to task for its “washed up” and “blinkered” investigations in the 2003 murder case of the former BJP leader.

“Due to the lack of evidences, High Court bench comprising Justice DH Waghela and Justice JC Upadhyay removed the charges and they have not considered the FIR of Anil Yadram Patel in the case as he was neither present at the place nor an eyewitness to Pandya’s murder.” said BM Gupta, lawyer of prime accused Mohammad Asgar Ali.

Special public prosecutor JM Panchal has indicated that following the verdict the sentence of most of the accused is likely to be reduced. Certain charges however remain and today's development is not a complete acquittal.

As per the CBI Pandya was killed by bullets fired from point blank range. The CBI further claimed that Pandya was murdered as part of a conspiracy to assassinate political leaders in Gujarat in the aftermath of communal riots of 2002. In June 2007, the special designated court hearing the case had sentenced nine accused to life imprisonment, two to seven years in jail and one to five years' imprisonment.

Earlier, Haren Pandya's wife Jagrutiben and his father Vitthalbhai had expressed dissatisfaction with the CBI probe and the outcome of the trial. They had demanded re-investigation in the case.

Out of total 19 persons accused in the criminal case, four have been absconding and trial of three accused persons had been conducted separately under the Prevention of Terrorism Act, 2002. As a larger conspiracy to strike terror was alleged, provisions of POTA were invoked in the case of murder of Pandya on 2 June 2003.

All the 12 accused, including the prime accused Mohammad Asgar Ali, had filed an appeal in the Gujarat High Court in 2007 after they were convicted by the special court. The bench began daily hearing of the appeal after the Supreme Court expressed that hearing of the appeals be concluded within six months.

Former Gujarat minister of state for home, Haren Pandya, was found murdered at the Law Garden locality in Ahmedabad on the morning of 26 March 2003.

Gujarat Lokayukta is still sometime away 18.08.2011 | 22:27 Ahmedabad Vijay Shah

After the Gujarat government appointed a commission to probe allegations of corruption against the state over the last few years, there is talk of appointing a Lokayukta in the state as well.

While addressing the media, state government spokesperson, Jaynarayan Vyas said, “we have boosted up the process of appointing Lokayukta in the state,…in near future the state will have Lokayukta.”

From 1985 till 2003 Gujarat had a Lokayukta, but for the last eight years this office has been lying vacant. Various NGOs and RTI activists of the state have been urging for appointment of a Lokayukta for several years.

Even during the protests held at Ahmedabad in support of Anna Hazare’s movement to implement Jan Lokpal Bill, people raised their voice in support of appointment of Lokayukta in the state. “We are surprised that why the Modi government is not appointing Lokayukta in the state. The appointment will curb corruption and keep governance under a scanner”, said Gautam Thakkar, General Secretary of People’s Union for Civil Liberties.

Early last year in March, Modi had twice organized meetings to select a name for the office of Lokayukta, but on both instances the leader of Opposition, Shaktishin Gohil, remained absent.

According to law, generally, the appointment is made with the mutual consent of the Chief Minister and the Opposition Leader.

In April 2010, Modi returned back the legal and constitution note to the Governor of state, Kamala Beniwal who then asked Chief Justice SJ Mukhopadhyay to recommend a name for Lokayukta so that the government can start the process of appointing the same.

Later in December 2010, the Chief Justice suggested the name of retired Justice SD Dave’s name to the State government, but Dave expressed his unwillingness to work as a Lokayukta.

Thereafter, in June 2011, the Chief Justice recommended the name of retired Justice RA Mehta. The State government asked him to rethink his recommendation, but the Chief Justice again recommended the same name on August 2.

“On 7 June Chief Justice SJ Mukhopadhyay had recommended the name of Justice RA Mehta. State government asked CJ to rethink over it, but on 2 August the CJ again recommended the same name. So now government has taken it into consideration”, Vyas added.

In the absence of a Lokayukta the state on Wednesday appointed a commission under Justice MB Shah to probe charges of corruption against the state.

Policing PDS with right to information weapon 26.07.2011 | 20:22 Ahmedabad Vijay Shah

Gujarat has become the first state in the country where disclosure of all stocks has been made compulsory at fair price shops. This became possible due to the efforts of an 18-year-old in a Gujarat village and his use of the Right to Information Act.

The teenager, Bhadresh Wamja, filed an RTI application seeking details of the stocks dispatched from the public distribution system (PDS) to the fair price shops. A second year B Com student, who heads a movement called Youth Against Corruption in his area, Wamja came to know through newspapers that APL (above poverty line) cardholders were eligible to get rations under the public distribution arrangement through fair price shops.

Himself an APL card holder, Bhadresh was in for a surprise when he enquired about it from his village fair price shop. He was flatly turned down and informed that there were no such provisions for APL card holders. So he was forced to purchase his requirements at prevailing market prices. In a quandary, he called up the 'mahiti adhikar' (information rights) helpline and was told that the department of food and civil supplies of the Gujarat government dispatches foodgrains and assorted supplies every month for BPL (below poverty line), APL and Antyodaya cardholders.

Bhadresh filed an RTI application on 11 February 2011, seeking details of the stock dispatched and received by the shop. "This brought problems for me and my family and we began receiving threats from the local village functionaries as the PDS shopkeeper and the gram sevak were all involved in the irregularities", he pointed out.

Undeterred, Bhadresh contacted the whistleblower helpline of the Mahiti Adhikar Gujarat Pahel which helps and guides all such RTI Activists. The helpline immediately wrote to the food and civil supplies department of the government, the RTI chief and the relevant police station. This resulted in arrest of Paresh Jaiswal who operated the PDS shop. Jaiswal however secured bail in two days and the vicious circle of threats and warnings began all over again, alleged Bhadresh.

"I was threatened several times, but I did not give up and kept up the fight. However, some of my relatives intervened to bring about a compromise", Bhadresh said.

He, however, filed an RTI application against the civil supplies department on March 1. The continuing crusade finally bore results and on April 30, the state government passed an order under section 4(1)(b), making it compulsory for all fair price shops in the state to disclose all the details about rations received and kept in the shop. "This is a just reward for the initiative of the young lad which will prove a boon for all ration cardholders in the state", said Pankti Jog of Pahel here on Tuesday.