Monday, April 25, 2011

Leaders refuse to reveal I-T details

Leaders refuse to reveal I-T details
Karuna, Maran & Chidambaram Seek To Protect Tax Info From RTI Applicant
Jeeva | TNN 26th april 2011 page no.4, chennai edition
Chennai: After former chief justice of India KG Balakrishnan objected to disclosure of his income tax returns under the Right To Information Act, Tamil Nadu chief minister M Karunanidhi, Union home minister P Chidambaram and Union textiles minister Dayanidhi Maran have now sought to protect their income details from being furnished to an RTI applicant.
The three made clear their objection after V Gopalakrishnan of KK Nagar filed an RTI application last month seeking copies of their I-T returns from 2006-07 to 2010-11.
In separate communications to the public information officer of the incometax office in Chennai, they said the details furnished in their I-T returns were “personal and confidential” and should not be disclosed to the applicant.
The information officer had earlier sought their objection, if any, on furnishing the I-T returns to the applicant as it was a ‘third party information’.
Karunanidhi’s authorised representative T Sivasubramanian, in a letter on April 12, objected to the proposed disclosure of information to the applicant. He said: “Under Section 8(1)(j) of the RTI Act, information which relates to personal information the disclosure of which has no relationship in any public activity or interest or which would cause unwarranted invasion of privacy of the individual is exempted from the disclosure.”
Chidambaram, in his communication to the I-T department on April 11, said: “There is no larger public interest that could warrant disclosure of information relating to my income-tax returns. The applicant’s request is in the nature of a fishing enquiry and the request is not intended to serve any public interest.”
Maran said, “Income-tax returns filed by me are highly confidential in nature and I consider the disclosure to be an unwarranted invasion of my privacy. The information being personal in nature, the disclosure thereof will cause serious prejudice to me and therefore I object the disclosure to any third parties. The disclosure may cause harm or injury to my interest.”
Accepting their objection, the department rejected the application last week, saying the “RTI query has no relationship with any public activity or interest and there is no larger public interest involved in disclosing the information.”
For Union fertilizer minister MK Alagiri, whose I-T returns were also sought by Gopalakrishnan, the income tax office in Madurai rejected the RTI application without even calling for Alagiri’s objection.
The information officer quoted five decisions of the Central Information Commission in support of his rejection of the application on April 20.
As the Central Information Commission itself had given orders for and against the disclosure of IT-returns in several cases, Gopalakrishnan said he was planning to challenge the rejection of his application.

Friday, April 22, 2011

Post unfilled, file your appeal later, RTI activist told

Post unfilled, file your appeal later, RTI activist told

Jeeva | TNN 23 april 2011

Chennai: V Gopalakrishnan, a right to information (RTI) activist from MGR Nagar, got a strange reply from the Tamil Nadu Electricity Regulatory Commission (TNERC) last year to his appeal under the RTI Act.
“The official in the post of first appellate authority retired from service a month ago. The post will be filled up soon. Hence you can file your appeal once the post is filled up,” the TNERC’s public information officer replied to Gopalakrishnan.
Gopalakrishnan had sought information on a number of aspects about the functioning of the TNERC.
Gopalakrishnan then moved the Tamil Nadu Information Commission. “TNERC cannot give such a reply to an RTI appeal. It should have designated an existing official to function as an appellate authority till the post was filled,” Gopalakrishnan said.
Admitting his plea, the commission in January 2011 directed TNERC to provide the information to him within 15 days. It also observed, “TNERC should have someone holding charge of the post of appellate authority. It should avoid giving such replies in future.”
The TNERC, on its part, didn’t want to bow down to the information commission’s order.
It moved the Madras high court contending that the information commission had no jurisdiction to any order on the first appeal pass such an order.
“The Tamil Nadu Information Commission can pass orders only on second and final appeals under the RTI Act and it cannot decide on the first appeal filed by an applicant. The information commission’s order is liable to be quashed as it had encroached the TNERC’s jurisdiction,” TNERC said.
It has also included the Tamil Nadu Information Commission as a respondent.
The TNERC said it had filled up the post of first appellate authority when the applicant took up the issue before the information commission.
The Madras high court recently granted a stay to the information commission’s order and the matter is scheduled to come up for hearing in the first week of June.

Saturday, April 16, 2011

Former TN CEO extends support to Hazare

Former TN CEO extends support to Hazare
PTI | 10:04 PM,Apr 07,2011
Chennai, Apr 7 (PTI): Fasting social activist Anna Hazare has found a supporter in former Tamil Nadu Chief Electoral Officer Naresh Gupta, as the noted retired bureaucrat today extended his support to the cause. The former IAS officer participated in a prayer meeting this evening here in support of Hazare and said his struggle will bring about a change in the society, sources said. Gupta also extended his support to activists C Selvaraj and V Gopalakrishna who are on a solidarity fast with the Gandhian activist. The former CEO is also associated with 'The Forum for Electoral Integrity' - a forum for strengthening the electoral process.

Anna in Thambi land

Anna in Thambi land
TNN, Apr 7, 2011, 12.05am IST
CHENNAI: V Gopalakrishnan, an anti-corruption crusader in Chennai, recently wanted to know how to get police permission for a hunger strike during the time of elections. Electrified by Anna Hazare, Gopalakrishnan felt that something dramatic needs to happen to focus people's attention on corruption and create a mass effect. Peering from behind a mass of paperwork relating to his right to information (RTI) applications, Gopalakrishnan asked: "I am ready to start my fast even if nobody joins me."

Social activist Anna Hazare's continued fast in New Delhi has come as a morale-booster for campaigners such as Gopalakrishnan. While these activists have been succcessful in their local villages and towns, their individual efforts have remained isolated, receiving little publicity in the media. The activists are hoping for an Anna Hazare moment in Tamil Nadu.


"Hazare's fast has inspired me and we are also eager to do something to attract the attention of the rulers to root out corruption," said N Baskaran, a senior citizen in Pollachi. Baskaran chose to voluntarily resign his village administrative officer job unable to bear with the corruption in governance to become a right to information (RTI) campaigner.

For R Balakrishnan, a resident of Mambedu village in Tiruvannamalai, who has been fighting against irregularities in stone quarries and revenue offices in his district, RTI has come as a weapon to fight against stone quarry irregularities and corruption at revenue offices in his district. "As corruption has taken new forms now, Hazare's agitation shows that we need to intensify our movement," he said.

With Assembly polls nearing, many activists are turning their attention to politics and the conduct of elections. The Anti-Corruption Movement (ACM) in Chennai, which has been working on electoral reforms, is now demanding that the election commission should display asset affidavits filed by candidates in every polling booth. "`In a country where a huge population does not have internet access, it is not enough to upload the affidavits on the EC website. People should know the antecedents and details of assets of the candidates before they vote,'' said S M Arasu, state general secretay of ACM.

Taking the movement forward, Makkal Sakthi Katchi, the state unit of Lok Satta Party founded by Dr.Jayaprakash Narayan, has fielded candidates in 36 constituencies in Tamil Nadu in the coming assembly polls. "When promises of freebies and cash have become the centre of election campaign, our aim is to create a new political culture in Tamil Nadu, for which wehave invited educated people to enter politics and not be mute spectators,'' said Senthil Kumar Arumugam, Makkal Sakthi Katchi candidate for Velachery constituency.

EC warns candidates understating property

EC warns candidates understating property
31 march indian express
Chennai: Chief Electoral Officer Praveen Kumar on Wednesday said action would be initiated against candidates who understated the value of their property, after the polls. He was reacting after a petition was filed by RTI activist V opalakrishnan seeking disqualification of DMK's Virugambakam candidate Dhanasekhar for filing an affidavit which understated properties brought under his wife Vijayakumari's name in Ilayankudi in Sivaganga. He said similarly other properties purchased by the couple were also understated and if this continued, it would set a precedent among candidates to file land value less than the guideline value. When Express contacted Dhanasekhar, he said he would consult his lawyer in this regard ENS

10k protest' voters catch officials unawares by opting for 49(o)

10k protest' voters catch officials unawares by opting for 49(o)
TNN, May 14, 2009, 06.04am IST
CHENNAI: Election officers were caught unawares on Wednesday as more than 10,000 people in the city opted for Rule 49 (0), which allows the voter to mark his presence at the polling booth, but not cast his vote for any candidate.

Despite the election department's claims of having conducted training for polling officers, many of them had no clue about the option. A few officials who knew that it existed, however, were not familiar with the right procedure to be followed. Corporation commissioner and district electoral officer Rajesh Lakhoni admitted that the turnout of such voters was unexpectedly big.


V Gopalakrishnan, a social activist, was the first at the MGR Corporation School in Chennai South constituency to ask for the Rule 49 (0) option. "The polling officer at booth 136 was totally blank. Then he asked me to vote for some candidate and leave'. When I insisted on entering my refusal to vote in the 17A register, he called the zonal officer, who was equally ignorant. Finally, I called the district electoral officer and, after 90 minutes of struggle, got it done," said Gopalakrishnan.

Dr S Murugasundaram, a dermatologist and a voter of ward 70 of Kilpauk in Chennai Central, had a similar experience when he went to vote at 8am. "The officer was rude when I told him about 49 (O). He asked me not to create a ruckus and leave the place. However, I stood my ground and registered my refusal to vote," he said. Several people complained of policemen threatening them when they refused to leave the polling booths without registering their names under Rule 49 (O) to prevent bogus voting in their names.

V Anandarajan of Nanganallur, which falls under the Sriperumbudur constituency, found the exercise smoother, but the officer there refused to apply indelible ink on his finger though the rule specifies that ink should be marked on the voter's finger. All this, despite posters in front of polling booths mentioning the rule and the procedure being explained in the polling officer's handbook (page 39).

According to Gopalakrishnan, what compounded the confusion was the use of the Tamil word padivam' (form) to describe 17A instead of padivedu' (register) under rule 49 (0). Voters insisted on a form, while all they had to do was to sign in the register which others did, too, and mention in the remarks column refuse to vote'.

Admitting there was widespread confusion, corporation commissioner and district electoral officer Rajesh Lakhoni said that an unexpectedly large number of people opted for rule 49 (O). "Some officials may not have taken the training seriously and nobody anticipated such a large number of people choosing the option," he said.

49-O voters face confused officials at booths

49-O voters face confused officials at booths
TNN | Apr 14, 2011, 02.37am IST

CHENNAI: Many voters who wanted to exercise the 49-O option faced hurdles on Wednesday as officials on polling duty were not aware of the procedure involved.

As per the rules, if you do not want to vote for any of the candidates but want to ensure that your voting right is not misused, then you can opt for 49-O. However, when Karthikeyan Hemalatha of Thousand Lights constituency went to his polling booth, he was in for a surprise. "I had decided to section 49-O as a mark of political dissent," he says. Since the option was not available on the EVM, he asked the nearest official about the procedure.

"All the officials stared at me, perplexed," says Karthikeyan. One official also repeatedly asked him if he wanted to vote. "Luckily, another official understood what I was talking about and explained the procedure to me," says Karthikeyan.

At Chinmaya Vidyalaya, Virugamballam, when a voter asked for the forms for 49-O, party agents asked him to cast his vote, while the polling officer was not aware of the option. When the voter insisted, he was made to wait for 15 minutes, after which the presiding officer allowed him to sign on the register saying he had not voted for anyone and had opted for section 49-O.

For V Gopalakrishnan, this was the second time he and his wife Leelavathi were exercising the 49-O option. "The last election, I had to argue for an hour with polling officers to let me exercise the 49-O option. This time, the officials at lest knew what I was talking about," says Gopalakrishnan. "But my wife had a problem in her booth in Velachery, when the poll officials shouted at her about why she wanted the ink on her finger when she was using the 49-O option. Looks like no one briefed them that 49-O is a vote too," he adds.

Chief electoral officer Praveen Kumar said they had received widespread complaints from all over the state regarding 49-O. Despite their best efforts, some polling officers were not aware about the procedure involved.

Government refuses access to files on the appointment of information commissioners

Government refuses access to files on the appointment of information commissioners
Apr 11, 2011, 03.04am IST TNN[ Jeeva ]


CHENNAI: The state government has refused permission for Right to Information (RTI) applicants to inspect files relating to the recent appointment of three commissioners to Tamil Nadu Information Commission. The government's refusal of RTI requests gains significance as the appointments were criticised by RTI activists alleging that there was no transparency in the selection process.

Personnel and administrative reforms department rejected the RTI requests made by at least three applicants including this reporter. The other two applicants are V Gopalakrishnan of MGR Nagar and R Anbazhagan of Poonamallee.

The department cited a pending case in the Madras high court challenging the appointment, as a reason for the rejection of the RTI applications, even though the court hasn't restricted the disclosure of the information under the RTI Act.

Stating that the court, following an undertaking given by the Advocate Genernal, had restrained the newly appointed commissioners -- Dr P A Ramiah, C Manoharan and Arumuga Nainar -- to assume office till the disposal of the case, the government in its reply, dated April 5, said: "As the appointment of the three commissioners has not yet been conclusively decided by the high court, it would not be appropriate to allow inspection of files relating to their appointment."

The appointments were announced on the morning of March 1, while the model code of conduct came into effect on the evening. Replying to a query, the government had admitted that no advertisements were given calling for applications for the appointment of the commissioners.

Agitated over the government's denial of permission to inspect the records, RTI activists said it was illegal, as section 8(1)(b) of the RTI Act stipulated that the government could deny the information only if it had been expressly forbidden to be disclosed by the court or the disclosure of which might constitute contempt of court.

"Besides, Tamil Nadu Information Commission in its ruling on September 7, 2009 made it clear that mere pending of a case before a court was not a bar to disclose information under the RTI Act,'' Gopalakrishnan said.

Already, the chief information commissioner KS Sripathi's appointment has been challenged before the Madras high court by an RTI activist V Madhav alleging that there was no transparency in his appointment process.

Hazare bug bites city, two RTI activists on fast

Hazare bug bites city, two RTI activists on fast

Express News ServiceFirst Published : 08 Apr 2011 01:59:01 AM ISTLast Updated : 08 Apr 2011 08:18:55 AM IST

CHENNAI: Two Right to Information activists in the city have launched an indefinite hunger strike here, marking the first formal support from Tamil Nadu for anti-corruption crusader Anna Hazare. Hazare (72) who is on a fast-unto-death in Delhi demanding the enactment of the Jan Lokpal Bill.


C Selvaraj and V Gopalakrishnan volunteered to fast to build up momentum for the bill in the State, which is yet to evoke a response on a par with the rest of India. “Enactment of the bill is the only constitutional weapon to book tainted senior bureaucrats without any official hurdles,” Selvaraj told Express. Attributing large-scale corruption to top level bureaucrats, he said, “At present, the Governor’s permission is a must to act against any corrupt civil servant holding high post.”

Selvaraj and Gopalakrishnan have the support of several civil right activists. Since Thursday evening, many of them gathered at the Thakkar Bapa Vidyalaya School in T Nagar and expressed their solidarity by holding lighted candles. School students, on their part, prayed for the well-being of Hazare.

Addressing reporters at the event, former chief electoral officer Naresh Gupta stressed that public servants must be free from corruption. Quoting Mahatma Gandhi, he said, “People from across the board -- from politicians to civil servants to businessmen -- must be honest.”

Brushing aside questions on the technicalities in appointing the chairman for the Lokpal Committee, Gupta stated that the Administrative Reforms Commission has supported the bill. He also stated that the bill was based on the functions of Ombudsman, instituted in Sweden in 1809.

On whether he would join the fast, Gupta said he has not decided yet. Meanwhile, the organisers expressed the hope that more people would throng the venue of fast on Friday.

RTI activists see red in info commissioners' appointment

RTI activists see red in info commissioners' appointment
Jeeva, TNN, Mar 3, 2011, 12.31am IST

CHENNAI: RTI activists are angry with the state government for having appointed three commissioners to the Tamil Nadu Information Commission just before the model code of conduct came into force, with zero transparency.

The government announced the appointments on Tuesday, hours before the election commission announced the poll date. Already, the appointment of former chief secretary KS Sripathi as the chief information commissioner is in a legal tangle after RTI activists alleging that there was no transperancy in the appointment process.


The appointment of Dr PA Ramiah, C Manoharan and Arumuga Nainar as the new information commissioners in the existing vacancy on Monday came as a surprise to many RTI groups and activists who have been urging the government to maintain transparency.

"Section 15 of RTI Act says any person of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance is eligible to apply for the post. We have been asking the government to issue newspaper advertisements calling for applications, shortlist the names and then go for selection. We want the government to clarify how the three commissioners came to know of filling up of the vacancies and applied for it,'' said V Gopalakrishnan, an RTI activist who was arrested for staging a demonstration in front of Raj Bhavan demanding transperancy in the appointment of chief information commissioner KS Sripathi in September last.

"Information commission is the place from where transparency should begin, but it is unfortunate that the appointments to such a commission is being made in a secret manner. This reduces the appointments to political in the eyes of the public. We, along with several other RTI groups, will convene a meeting this week to oppose this,'' said G Balaji of Public Awareness Campaign Energy Trust, Thirumangalam.

While the selection committee includes the chief minister, Opposition leader and a minister deputed by the chief minister, the decision of appointing the three commissioners was taken by chief minister M Karunanidhi and finance minister K Anbazhagan, in the absence of Opposition leader J Jayalalithaa.

"We don't question the government prerogative in selecting the commissioners, but want to point out that a proper interpretation of Section 15 of RTI Act can only be taken as there must be unanimity in the selection committee in the appointments and there is no question of majority opinion in it. When there are only three persons in a committee and two of them belong to the ruling party, it can only be the decision of the ruling party,'' said Anti-Corruption Movement state general secretary SM Arasu.