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Showing posts with label corruption india. Show all posts
Showing posts with label corruption india. Show all posts

Thursday, April 30, 2009

The Central Information Commissioner Does A CBI

Last week, out of the blue , I received a notice of hearing from the CIC.

I am an optimist. But not an idiot.

I correctly predicted the CIC's textbook authoritarian response.

A response that does not possess even a whiff of the RTI Act 2005.

A response that is analogous to the CBIs exemplary indulgence of the heinous.


A Matter Of My Life And Liberty. File No. CIC/WB/C/2007/000653 Notice to PMO dtd April 16 2009

from divakar snatarajan
to pkp.shreyaskar@nic.in
cc whabibullah@nic.in
date Sat, Apr 25, 2009 at 1:42 PM
subject A Matter Of My Life And Liberty. File No. CIC/WB/C/2007/000653 Notice to PMO dtd April 16 2009
mailed-by gmail.com



Pankaj P Shreyaskar
Deputy Secretary & Joint Registrar
Central Information Commission
New Delhi.


PMO's Forced, Belated and Lame Response.


Sir,

Your notice has forced the PMO to come up with a response,nearly two years after my application.

It is noticeable that the PMO is unwilling to step out of its nest of denial (of information) which is built out twigs of fragile rationalisations.

As I have observed in my email to you of Mon Jan 21,2008 titled Release My Life And Liberty,

"the delinquency of the PMO is clearly not a minor glitch, but a deliberate and dastardly campaign of silence that is threatening and torturous to me."

To a trained eye, it is obvious that the PMO is looking for some outside help to bale it out of this mess.

Going by the performance of the CIC in my case this far, the PMOs fervent prayers will probably find a torrent of sweet sympathy at your office.

As The Hindu, most delicately observed in an editorial comment on the aftermath of the shoe thrown at Home Minister incident, "our institutions generally exhibit an establishment bias." Or words to that effect.*

I have already replied in detail, in my appeal to Ms Vini Mahajan, Appellate Authority, (email of August 14,2007, Don't Let The RTI Down. Administer RTI in the right spirit.)to PMO's weird contention that emails "not readily traceable due to data pertaining to that period is no longer available in our computers"

The PMOs contention that applicant has "now" filed an second appeal, merely shows that time has a way of congealing in the PMO.
My urgent appeal to the CIC is dated October 12, 2007.

The PMO has in its arbitrary, self serving fashion decided that emails referred to in the application were personal communications.

My observation in my emails that the PMOs silence was "morally bankrupt" does not make them personal communications.

Quite the contrary, the stubborn delinquency of a PMO that publicly takes great credit for the RTI Act 2005, is a matter of considerable public interest.

My correspondence contains appeals from the former Home minister to the former Prime Minister, Padma Vibhushan Kaloji Narayana Rao to the former PM, Appeal from eminent filmmakers to the former PM and Dr Baru's published review of my documentary.

The context for the above are publicly described in my blog http:// sathyagraha.blogspot.com especially Divakar S Natarajan and Varun Gandhi Cannot Both Be Wrong.

So the PMOs contention regarding so called private correspondence is nothing but thinly veiled bragging of over weening authoritarianism, perversity and vindictiveness.

Once again the PMO admits to have misplaced the first appeal.

Why did it not occur to the PMO to write to me to reassure me about their competence and sincerity and request another copy?

It is truly intriguing that the PMO appears to find it so much easier to blandly confess to the CIC regarding its serial incompetence and delinquency !

Sincerely,

Divakar S Natarajan

*"The Indian experience is that law enforcers and investigating agencies almost invariably incline towards the ruling establishment."
Exorcising 1984.The Hindu April 13, 2009


India's editorial class of course is as pure as Bislerijal !

The CIC Sends Me To The "Dungeon" !

The following is the last exchange I had with the office of the CIC.
Till last week.

Release My Life and Liberty !

from divakar snatarajan
to pkp.shreyaskar@nic.in
date Mon, Jan 21, 2008 at 5:13 PM
subject Release My Life and Liberty !
mailed-by gmail.com


Dear Shri Shreyaskar,

Further to my email to you of 17 th January 2007, I have been trying to reach you on the phone all day.

Given that I have not heard anything further, must I assume that the copious and irrefutable evidence that I have presented to support my case for hearing on an out of turn basis, has not been considered at all?

Even as I write this, I have to consider the irony of my defending myself, whereas the law and evidence of delinquency that I have presented make it crystal, that it is an incorrigibly delinquent PMO that has to answer.

Also, this delinquency from the PMO is clearly not a minor administrative glitch, but a deliberate and dastardly campaign of silence that is threatening and torturous to me.

The CIC must consider matters with a warm empathy and not take any offense to my candour, which I have been careful to back up with a flood of prime evidence.

After all, despite all the the gratuitous and barbaric torture and humiliation, there has been no duplicity or double standards in my behavior over all this time.

I look forward to hearing a positive verdict from the CIC, with his kind blessings, at the earliest,.

Sincerely,

Divakar




from Pankaj
to divakar snatarajan
date Tue, Jan 22, 2008 at 10:13 AM
subject Re: Release My Life and Liberty !


Dear Shri Divakar
I had received your CD in the matter. I had gone through that and had placed all of them on the file. Insofar as an out of turn hearing is concerned no such decision has been taken so as on today. However you will be hearing from us about the date in due course. You could not speak to me over telephone since i was in VC hearing for some time.
Regards

Pankaj K P Shreyaskar, ISS
Deputy Secretary & Joint Registrar
Central Information Commission
Old JNU Campus
New Delhi 110067
011-26717354


from divakar snatarajan
to Pankaj
cc whabibullah@nic.in
date Fri, Jan 25, 2008 at 5:09 PM
subject Re: Release My Life and Liberty !
mailed-by gmail.com


Dear Shri Shreyaskar,

Thank you for speaking with me this morning.

I am truly disappointed that CIC has not yet responded to all the information that I have sent.

As you observed, it is unlikely that a citizen resisting corruption,would seek recourse to a claim of threat to life and liberty, if this were not substantially true.

Why would anybody seek out of turn anything, if the normal process was tolerable?

More germane is the incorrigible delinquency of the PMO.

With due respect, why humor bad behaviour?

In the absence of any reasonable response, I am beginning to lose my confidence in this process.

Sincerely,
Divakar

I Beg The Chief Information Commissioner Again...

Is CIC "santhusht" ?

from divakar snatarajan
to pkp.shreyaskar@nic.in
date Thu, Jan 17, 2008 at 4:33 PM
subject Is CIC "santhusht" ?
mailed-by gmail.com


Sir,

Thank you for your assurance of Jan 12,2008

Kindly note that a CD containing copious evidence of my nearly two decade long incarceration due to my resistance to corruption, has been sent to you through DTDC courier on 11/01/08. NoF03058774.

In keeping with the spirit of the RTI Act 2005, I shall appreciate more specific information as to how the CIC intends to proceed on this matter and whether I could be of any more assistance in providing information about the brutality I am suffering.

Dates would be welcome too.

Sincerely,

Divakar

Chief Information Commissioner Demonstrates Bias...

"This" is a hiss!

from divakar snatarajan
to pkp.shreyaskar@nic.in
cc whabibullah@nic.in
date Wed, Jan 9, 2008 at 3:32 PM
subject "This" is a hiss!
mailed-by gmail.com


Dear Shri Shreyaskar,

Thank you for your reply of 31-12-07.

I am shocked and pained by the CIC's prejudiced, contemptuous and dismissive response.

To an objective person, it clearly demonstrates the depth of psychological denial in high places about the devastating effects of corruption, lack of accountability etc.

It once again clearly demonstrates the bare, clinical, truth of my contentions in my email to him.

For an objective third party, not so close to the system, it might appear that the RTI Act 2005, was made for me, if not actually inspired by my editorial page article in The Hindustan Times.

However, it appears that CIC without even asking for any evidence, is convinced I am shamming.

I have provided evidence that appellate authority has not even bothered to answer my appeal. I have called her several time and left messages;that were never answered.

This is worse than the appellate authority who was chided by the CIC in Mar 07 for "unbecoming" conduct.

I am unable to provide documents at this stage for reasons that I have mentioned in my note to the appellate authority because such action on my part would constitute a betrayal of "onus of proof "Sec 19(5) .

I am also not clear why CIC has not acknowledged my email of Nov 29,2007.

However, I have attached copious proof of my nineteen year long sathyagraha that never should have been.

I demand that the Central Information Commission find an early and efficient way to deliver me the Information that is my right; the lack of which has my life and liberty incarcerated in a conspiracy of sepulchral silence and deep psychological prejudice.

Sincerely,
Divakar

So I Beg The Chief Information Commissioner...

Urgent Appeal For Out-of-Turn Hearing. Appeal dated 12 Oct 2007.Denial of Information by PMO. Diary number 463221


from divakar snatarajan
to whabibullah@nic.in
date Thu, Nov 29, 2007 at 4:51 PM
subject Urgent Appeal For Out-of-Turn Hearing. Appeal dated 12 Oct 2007.Denial of Information by PMO. Diary number 463221
mailed-by gmail.com


Sir,

I shall be grateful for an immediate and out of turn hearing on my appeal on the ground that the information requested has the potential to release my life and liberty from the conspiracy of silence in which they have been incarcerated,since the last 17 years, due to my outspoken resistance to corruption.

The egregious nature of the PMO non response - denial on obviously frivolous grounds and no response whatsoever from the appellate authority - is another compelling reason for CIC to take up my appeal urgently.

Sincerely,
Divakar S Natarajan


With a forward to PKP Shreyaskar Jt Registrar CIC

Dear Shri Pavan Kumar,

Thank you for calling me this afternoon. As per your advice, herewith forward of my email appeal to Shri Habibullah to the address furnished by you.

The import of the "egregious" point is:

In order not to be snowed down by appeals, it may be in the CIC's interest to summarily discourage and disincentivise situations where there is indisputable evidence of absence of application of mind;that too from the PMO!

I look forward to my "information" at the earliest and thank you for your kind courtesy.

Sincerely,

Divakar

Back Home In AP, They Follow The PMO's Example!

The following is my email to Chief Secretary, Government Of Andhra Pradesh.

Sounds familiar ?




Kindly Support Secretary to Government(Ser), General Administration Department Re: Letter #11365-DG/PAGB.1/A1/07-1 Dtd25-07-2007


from divakar snatarajan
to cs@ap.gov.in
date Thu, Aug 2, 2007 at 10:28 PM
subject Kindly Support Secretary to Government(Ser), General Administration Department Re: Letter #11365-DG/PAGB.1/A1/07-1 Dtd25-07-2007
mailed-by gmail.com


Sir,

Further to my request for information under RTI Act 2005-Reg dtd 18.7.07, regarding information taken on the matters petitioned vide my emaiI to the then Chief Secretary dtd 25,26,29,31July 2005 and #rd August 2005 along with a CD containing supporting evidence presented to the then PS to CS, I have received what appears to be a strange response from the Secretary - General Administration Department.

I have been asked to " furnish a copy of the above emails ...for taking further action in the matter".

The request appears strange because,

1. The RTI Act 2005 does not permit any conditions to be imposed on the petitioner by the Public Information Officer, "for taking further action in the matter".

2. It passes my comprehension as to why the Secy GAD, should seek copies of material that clearly ought to be a part of your files and records.

I am sure you will agree, that prima facie this appears to be a rather frivolous and flimsy dilatory tactic contravening both the spirit and letter of the "revolutionary" RTI Act 2005.

It is of course my hope that such is not the case.

In the event may I respectfully request that you kindly make available the above records from your files in order that "further action may be taken" without any delay.

I shall also be deeply grateful if your officers prefer email to snail mail for the same reasons.

With my deepest regards,
I am sincerely,

Divakar S Natarajan

The Prime Minister's Office Messes With My Right To Information

Exasperated by the PMO's stubborn silence, I decided to exercise my Right To Information, with such results as can be seen from my complaint to the so called appellate authority.

In my experience it is the so called appellate authority that literally dictates the lowly Principal Information Officer's response.

The PIO is a mere Deputy secretary usually near retirement. He is expected to extract transparency from the hyper powerful Indian Administrative Service!

Only in India!

The appellate authority,did not bother to reply or even take my calls.


from divakar snatarajan
to pmosb@pmo.nic.in
date Thu, Aug 30, 2007 at 12:55 PM
subject Attn: Smt Vini Mahajan, Joint Secretary Re : No.RTI/453/2007 Dtd 14 Aug,2007 Don't let The PM down. Administer RTI in the right spirit.
mailed-by gmail.com


Madam,

Further to my request for information under RTI Act 2005,dtd 18th July,2007 I have received what appears to be a strange and awkwardly worded response from the Director and CPIO Shri K Dayani.

I have been asked " to provide details of the letters written by (me) "if any"," to enable this office to reply accordingly".

Because "the data pertaining to the period are not readily traceable as the data pertaining to the period is no longer available in the Computers".

This request appears strange because,

1. It appears to be misdirected to me.
This query ought to be directed to Dr Baru and Shri Muthu Kumar for appropriate results.

2. The RTI Act does not permit any conditions to be imposed on the petitioner by the CPIO to "enable this office to reply accordingly"

3. It passes my comprehension as to why the CPIO, should seek details from me again, when I have already done so.

I am sure you will agree, that prima facie this response from the CPIO appears to be a rather flimsy and frivolous dilatory tactic contravening both the letter and spirit of the "revolutionary" RTI Act 2005 of which our Hon'ble Prime Minister is justly proud.

In the event , I request you to kindly do the needful under the Law and procure me the complete information that I have requested.

I would especially like to know whether the Hon'ble Prime Minister has been properly and exhaustively briefed and kept current on my 17 year long sathyagraha against corruption?

Has he been made familiar with Dr Baru's 1991 Economic Times review of my documentary in Urdu "Hyderabad.August 1948" ?

Has he been told about the martyr Shoebullah Khan in the context of the recent attacks on Taslima Nasrin in Hyderabad.?

I shall be deeply grateful for a complete and exhaustive response including the files and other material that I have asked for.

Kindly feel free to call me at 09247584877 for any clarifications.

Sincerely

Divakar S Natarajan

The Prime Minister's Office's Amazing Disgrace..

from divakar snatarajan
reply-to divakar snatarajan
to pmosb@pmo.nic.in
date Tue, Aug 2, 2005 at 9:11 AM
subject Attn: Shri Muthukumar Amazing Disgrace Re "Own Up. Don't Cover Up."
mailed-by gmail.com



"Own Up. Don't Cover Up".

Dear Shri Muthukumar,

Keeping in mind that more than a year has passed without even an acknowledgement from Dr Baru or the AP government, and that I have been making all the calls at considerable expense, and that even now the object appears to be to merely finesse the matter, ( like trying to hide a full pumpkin on the dinner plate) I have to reluctantly conclude that at present my chances of finding anything approaching fairness and justice from the government are no brighter than before.

Obviously the absurd "tomato face" of these officials is entirely subjective and has little to do with either the epic evil,-Kovalan comes to mind- that I have been subject to or indeed any serious concern regarding the reputation of the PMO.

If the PMO does not grab this opportunity to bite the bullet,(" cut the Gordian knot"your words Shri Muthukumar) and do the right thing, I don't care how many hysterical voices you have on your side, I guarantee it would emerge as completely morally bankrupt and stupid as Sarma, Reddy and the others.

So what is it that makes Sarma, Reddy or for that matter Hitler or Bush/Bliar appear so smart and yet act so stupid ?

Consider this:

" For the sadistic character, there is only one admirable quality and that is Power. He admires, loves and submits to those who have power and he despises and wants to control those who are powerless and cannot fight back" - Erich Fromm " The Anatomy of Human Destructiveness"

"The most important feature(of the "authoritarian" or "sado-masochistic" character} is its attitude towards power.

For the authoritarian character, there exists, so to speak, two sexes. The powerful ones and the powerless ones.

His "love", admiration and readiness for submission are automatically aroused by power, whether of an individual or an institution.

Power fascinates him not for any values for which a special power may stand, but just because it is a power.

Just as "love" is automatically aroused by power, so powerless people or institutions automatically arouse his contempt.

The very sight of a powerless person, makes him want to attack, dominate, humiliate him.

Whereas a different kind of character is appalled by the idea of attacking one who is helpless, the authoritarian character feels the more aroused, the more helpless his object has become."

- Erich Fromm "Escape from Freedom"

In other words, as a rule, people in or close to "power" are quite stunted in several ways and have only an intellectual acquaintance with human potentialities like, Integrity,Equity, Truth, Objectivity, Love etc.

Duplicity is natural to this character.

Bottom line, if I do not receive a definitive response from the PMO in the next twenty four hours, I'll have to reluctantly conclude that while you may have the head and the heart and all the right words,the nerve and stomach are atrophied.

In other words I have to, to my immense sadness , conclude that you guys are morally bankrupt are merely tripping on expediency and are an amazing disgrace to the high office that you hold.

I will then seek the next call on my tryst with destiny.

Sincerely,
Divakar