Can't go to court with RTI information, rule Ahmedabad authorities: Kankaria accident

By Pankti Jog*
In a shocking reply to an application filed by me, the Ahmedabad Municipal Corporation (AMC) authorities have said that the information provided under the Right to Information (RT) Act should be used in court or in a judicial process. The Act is known to be a major tool that enables citizens to seek certified copies of documents, records from any public authority of state and Central government within 30 days, as per provisions of the Act.
Citizens across the country have been using this Act not only to access information but also as a means to monitor the extent of government’s transparent and accountable to citizens, which is expected in any vibrant democracy.
Gujarat, one of the states with rapid industrial development, has always claimed that it sets an example of best governance practices, and has bagged several awards at the national level for it. However, it is found to be lagging far behind in giving access to information to citizens.
Public Information Officers (PIOs) not only give strange, often innovative, reasons to deny information, but go so far as to restrict citizens to use information that they receive for getting justice.
In the reply dated August 14, AMC denied information to the RTI application filed by me for seeking copy of the contract given to the ride operator/company at the Kakaria Adventure Park, next to the historic Kankaria lake of Ahmedabad, and details of checking done by AMC regarding the ride's safety. The information was sought in the context of an accident, which caused several deaths and injuries.
AMC denied the information saying that a first information report (FIR) had been filed against the company, and hence the information could not be provided. Further, and this was simply scandalous, the AMC’s public authority instructed me that the information should not be used anywhere as evidence or in the “judicial system” (court).
During the accident, which took place on July 14. two people died and 27 others injured when the ride carrying around 30 people in the Kankaria Adventure Park collapsed after a pipe of the main shaft broke. At least 15 people were critically injured. AMC gives contract to private contractors to operate rides in the park.
The accident took place a month after the Ahmedabad Fire Brigade carried out a midnight rescue operation after as many as 40 people were stuck on a ferris wheel at a fare in the city. Fire officials had to use a 55-metre-tall snorkel to rescue those who were stuck, including 14 children and eight women.

Ahmedabad Municipal Corporation should proactively disclose information relating to safety checking of rides and conditions in the contract

“This is unconstitutional, and even violates the principle of natural justice”, Harinesh Pandya, master trainer of RTI and founder of the Mahiti Adhikar Gujarat Pahel, an organization that promotes the use of RTI to enhance people’s participation in the democratic process, told me.
“Ahmedabad Municipal Corporation should proactively disclose information relating to safety checking of rides and conditions in the contract, as it is a very vital information as far as public safety in concerned”, Pandya insisted.
The information sought, he pointed out, falls under the proactive disclosure category as per the provisions of the RTI Act. He adds, RTI has been used by victims of casualties, or injustices done to them in such cases, and certified copies of documents obtained thereby have been produced in court as evidence.
Hence, according to Pandya, it is shocking that AMC instructs not to use the reply in court. In fact, some of the major scams and irregularities that were exposed and governments could take action against the culprits has been due to RTI. The information produced from RTI has often been quoted extensively in courts.
Significantly, the RTI reply shows poor quality of training inputs AMC officials get regarding RTI, and also reveals a very negative approach towards transparency or disclosure to citizens. The reply suggests a very bad sign of governance, which is a matter of major concern.
I have decided to not only filed the first appeal against the reply but I am also planning to make a separate representation to the Municipal Commissioner, Ahmedabad, the Gujarat government’s Sardar Patel Institute of Public Administration (SPIPA), which is responsible for training centre for government officials, and to the State Information Commission.
---
*Mahiti Adhikar Gujarat Pahel, Ahmedabad

Comments

Importance of Bangladesh for India amidst 'growing might' of China in South Asia

By Samara Ashrat* The basic key factor behind the geopolitical importance of Bangladesh is its geographical location. The country shares land borders with Myanmar and India. Due to its geographical position, Bangladesh is a natural link between South Asia and Southeast Asia. The country is also a vital geopolitical ally to India, in that it has the potential to facilitate greater integration between Northeast India and Mainland India. Not only that, due to its open access to the Bay of Bengal, Bangladesh has become significant to both China and the US.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Unlike other revolutionaries, Hindutva icon wrote 5 mercy petitions to British masters

By Shamsul Islam* The Hindutva icon VD Savarkar of the RSS-BJP rulers of India submitted not one, two,or three but five mercy petitions to the British masters! Savarkarites argue: “There are no evidences to prove that Savarkar collaborated with the British for his release from jail. In fact, his appeal for release was a ruse. He was well aware of the political developments outside and wanted to be part of it. So he kept requesting for his release. But the British authorities did not trust him a bit” (YD Phadke, ‘A complex Hero’, "The Indian Expres"s, August 31, 2004)

'BBC film shows only tip of iceberg': Sanjiv Bhatt's daughter speaks at top US press club

By Our Representative The United States' premier journalists' organisation, the National Press Club (NPC), has come down heavily on Prime Minister Narendra Modi for recent "attacks on journalists in India." Speaking at the screening of an episode of the BBC documentary “India: The Modi Question,” banned in India, in the club premises, NPC President Eileen O’Reilly said, “Since Modi came to power we have watched with frustration and disappointment as his regime has suppressed the rights of its citizens to a free and independent news media."

Chinese pressure? Left stateless, Rohingya crisis result of Myanmar citizenship law

By Dr Shakuntala Bhabani* A 22-member team of Myanmar immigration officials visited Rohingya refugee camps in Cox's Bazar to verify more than 400 Rohingya refugees as part of a pilot repatriation project. Does it hold out any hope for the forcibly displaced people to return to their ancestral homes in the Rakhine state of Myanmar? Only time will tell.

China ties up with India, Bangladesh to repatriate Rohingyas; Myanmar unwilling

By Harunur Rasid* We now have a new hope, thanks to news reports that were published in the Bangladeshi dailies recently. Myanmar has suddenly taken initiatives to repatriate Rohingyas. As part of this initiative, diplomats from eight countries posted in Yangon were flown to Rakhine last week. Among them were diplomats from Bangladesh, India and China.

40,000 Odisha adolescent girls ask CM: Why is scheme to fight malnutrition on paper?

By Our Representative In unique a postcard campaign to combat malnutrition, aimed at providing dietary diversity, considered crucial during adolescence, especially among girls, signed by about 40,000 adolescent girls from over 10,000 villages, have reminded Odisha chief minister Naveen Patnaik that his government's Scheme for Adolescent Girls (SAG), which converged with Pradhan Mantri Poshan Shakti Nirman ( POSHAN ) 2.0 in 2021, is not being implemented in the State.

Natural farming: Hamirpur leads the way to 'huge improvement' in nutrition, livelihood

By Bharat Dogra* Santosh is a dedicated farmer who along with his wife Chunni Devi worked very hard in recent months to convert a small patch of unproductive land into a lush green, multi-layer vegetable garden. This has ensured year-round supply of organically grown vegetables to his family as well as fetched several thousand rupees in cash sales.

Over-stressed? As Naveen Patnaik turns frail, Odisha 'moves closer' to leadership crisis

By Sudhansu R Das Not a single leader in Odisha is visible in the horizon who can replace Chief Minister Naveen Patnaik. He has ruled Odisha for nearly two and half decades. His father, Biju Patnaik, had built Odisha; he was a daring pilot who saved the life of Indonesia’s Prime Minister Sjahrir and President Sukarno when the Dutch army blocked their exit.

Search This Blog