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Found 36 results

  1. Atul Patankar

    'State ahead of Bihar in crimes'

    As reported by Somit Sen at timesofindia.indiatimes.com on 4 August 2009 MUMBAI: "Maharashtra is ahead of Bihar when it comes to crimes like rapes, robberies, dacoities, burglaries and thefts,'' state BJP chief Nitin Gadkari said on Monday on the basis of statistics obtained under the RTI Act. The statistics revealed that in 2008, 1,558 rapes were reported in Maharashtra compared to 1,041 in Bihar (see box). Demanding that the state should explain the reasons for the shooting crime rate in the state, Gadkari denounced the Congress-NCP government for the growing crime rate. He accused the police and politicians for the rising crime. Asked why he compared Maharashtra with Bihar, Gadkari said, "Bihar is notorious for its crime rate.'' Asked whether he had compared the crime figures with any other state he replied in the negative. "I wanted to expose the government on the rising crime figures,'' he stated. Data provided by the National Crime Record Bureau indicate that Kerala has the highest crime rate of 20.19 per lakh population regarding offences committed against the public as against the national average of 5.82. But the Kerala government had rubbished these figures, stating it was a reflection of every case being registered in the state. The government encourages maximum registration of offences, something that is being practised in Maharashtra as well. "In Bihar, there could be burking of offences and many crimes may go unnoticed,'' said an IPS officer. Full report available at : 'State ahead of Bihar in crimes' - Mumbai - City - NEWS - The Times of India
  2. seekinginformation

    Lawyer

    Hi Dear Friends, I am Gulshan Tanwar, practicing at Delhi High Court and its Sub-ordinate Courts. My area of practice is Family matters, Rent matters, criminal matters, civil matters, constitutional matters and other matters which are very minute in nature. If you want to know what a legal help can do to you, can take it from any lawyer of your choice. The clarity is that thing which will help the countrymen, saving their time and money and thus helping them to have justice in every end.
  3. Dear RTI activists, The Tamilnadu government has been going on exempting all departments of the police like crime branch, CBCID, Cyber crime and even the vigilance and Ant-Corruption from the RTI Act under section 24. Is it legal, and are there any court decisions against such exemptions ?
  4. One of my acquaintances was being harassed by some criminals. The court has sentenced them to imprisonment but allegedly the police is acting in concert with the criminals and is not arresting them. They have been taken to police station several times but not imprisoned. What information can be sought from the police to bring out the lacuna in police action?
  5. 'Offences include murder, rape, molestation, assault, abduction, theft and cheating' THIRUVANANTHAPURAM: Forget the sheep, the Church has a tough task ahead in reclaiming its lost shepherds. If the data released by the Kerala Police is any indication, the weeds have spread among the wheat. As many as 63 Christian priests in the state face criminal charges pending against them, reveals documents yielded as per the Right to Information Act. Murder, attempt to murder, rape, molestation, assault, abduction, theft, break-in, cheating…almost every offence under the Indian Penal Code —and of course, the Ten Commandments — has been committed by the deviant priests. Worse, the biblical whitewashed tombs are still at the helm of affairs in parishes. Going by the crime records of the past seven years, two priests have been accused of murder while ten are charged with attempt to murder. Yet another is booked for aiding in a murder. Joseph Antony and Maria Lal Manjali are accused of homicide. Officer Chirakkavur, Mathew Jacob, ET Johnson, KP Mathai, Joy T Varghese, Jiju Varghese, Reji are accused of attempt to murder in cases registered in different police stations. Giving them company is Paul Payyappilly, parish priest of Pavaratti St Joseph’s Church, held under Explosives Act. Priests also excel in crimes of passion. Five of them are rape accused. Jose Thadathil and TJ Joy, a CSI parish priest, are just two. Jose works in the Divine Retreat Centre, a pilgrim centre near Thrissur facing criminal inquiry ordered by the Kerala High Court. Sisters Viola and Nirmala are also involved in the case. Father Joseph in Kollam is caught in an immoral traffic case. Ernakulam Infant Jesus Church vicar Thomas is an accused in a molestation case while Father Paul Vilangumpara is accused of molestation and abduction. Yet another priest in coastal Thiruvananthapuram is accused of rape. Most of the priests have incurred cheating charges against them as part of their managerial functions. Thomas Pothanamuzhi, Fr Thomas Kizhakkedath and Fr Ouseph — the principal, manager and former principal of St Aloysius College, Edathuva — have been accused of breach of trust. A similar case has been charged in 2005 against Andrews Thekkekkandam, a vicar in Thamarasseri, the nerve centre of the Catholic Church’s present tirade against the Left government. As many as five priests are accused of theft and break-in, taking the total number of the seeds on rocky ground to 63. This list excludes the suspects in the sensational murder of a nun in Kottayam in 1992. Earlier, the CBI had taken two priests and two nuns to undergo truth serum tests in connection with the death of Sister Abhaya, who was found dead in a well on the premises of Pius X Convent, Kottayam. Don Sebastian Friday, October 19, 2007 04:33 IST DNA - India - 63 priests in Kerala face criminal charges - Daily News & Analysis
  6. Weather we can ask the Police department recruited the Criminal antecedent person to the depatment. The make mis-conduct of police verification. Court has issued a Non bailable warrant of arrest to Accused 5 but not appear in the court, not register a LPC police people help the accused to escape from the clutches of law. Court has not trialed him and not follow the proper manner of committal. Noew the accused joined the Karnataka state police department. How we progress this issue.
  7. As reported by Anilesh S Mahajan, TNN ?Criminal? UT cops put peers in shade-Chandigarh-Cities-The Times of India CHANDIGARH: The UT cops seem to be all over the place, of crime that is. From rape to murder, drug/immigration rackets to economic fraud, they are into the world of crime; not chasing criminals, but playing the very role. An RTI document obtained by TOI reveals that 102 UT police personnel, from inspectors to constables, have been booked in 77 cases registered across the country. Out of these, 20 have been filed by the CBI, 10 by Punjab, three by the UT vigilance cell and one each by Delhi and Bihar. The `crime' figure is high, considering the fact that there are only around 3,500 personnel in the UT police force. By rough estimates, it amounts to one cop in 35 facing criminal charges. In fact, the "criminal" UT cops seem to put their peers in Punjab in the shade. A 70,000-odd strong force, the Punjab police has been facing charges of "atrocities in terrorism days". Figuratively speaking, only one out of 47 cops faces criminal charges. "We have to take cases individually and action would be taken accordingly. Our message is clear: we will not tolerate any illegal activity, not even by our own men," UT SSP Sudhanshu Shekhar Srivastva told TOI. According to the RTI document, nearly 20 cops have been dismissed in criminal cases in the last decade or so. In a yet unsettled case, the UT police is contemplating dismissal of ASI Dalwinder Singh in a sodomy case. In another case, departmental inquiry was dropped following pendency of matter in court. However, dismissal has hardly proved to be a deterrent, considering the growing ranks of criminals in the force. Terming it as "a sheer failure of leadership to control their men", civil rights activist and NGO Resurgence India's Hatinder Jain claimed, "It is disgusting to see the people supposed to guard us indulge in criminal activities. It's quite a scary scenario considering the fact that not all complaints against cops get registered." Interestingly, out of the eight cases of fraud registered against the UT cops, the one registered at the New Delhi airport involves a personnel in kabootarbazi scam.
  8. aloktomar

    Right to justice

    we the people of india, solmnly pledge to uphold our right to to govern the government and clean the society. We shall make use of the tool of rti honestly, earnestly and bravely, until we get our right.
  9. Appeal No.243/ICPB/2006 F.No.PBA/06/237 And Appeal No.244/ICPB/2006 F.No.PBA/06/238 December 27, 2006 The Government Officer interpreted during second appeal at CIC said that under Section 8(1)(h) of the RTI Act the exemption from disclosure could only be claimed by CPIO only if any criminal investigation is pending and not under departmental proceedings. But deciding on the present case, the CIC upheld the decision of the Authority not to give information under RTI Act claiming exemption under Section 8 (1) (h) considering the fact that the appellant is a government servant, the term “investigation” in Section 8(1)(h) has to be interpreted in terms of the Vigilance Manual. The contention of the appellant in his appeals, rejoinders to the comments of the CPIO and during the hearing was: The decisions of CPIOs are totally non-speaking and unreasoned. The provisions of Section 8(1)(h) of the RTI Act have been wrongly applied by them without any elaboration or justification. This Section can be applied only if furnishing of information would impede the process of investigation or apprehension or prosecution of offenders. A careful analysis of this Section would reveal that exemption from disclosure could be claimed only if any criminal investigation is pending. As far as the appellant is concerned, the CBI has already closed the case stating that no allegations could be proved against him and as such there is no criminal investigation is pending against him. Since no investigation is pending against the appellant, the question of “apprehension” or “prosecution” does not arise. The term “investigation” has not been defined in the RTI Act and therefore the definition given in Section 2 ( h) of the Code of Criminal Procedure, 1973 has to be adopted . As per that Section “investigation” includes all proceedings under the Code for collection of evidence by a police officer and in terms of Thus, from this decision, it is apparent that this Commission has not viewed the term ‘investigation’ as used in Section 8(1)(h) to apply exclusively to criminal investigation as propounded by the appellant in the present case. Therefore, the contention of the appellant that only when criminal investigation is pending, the provisions of Section 8(1)(j) could be applied, has to fail. Section 2(n) of the said Code, offense means any act or omission made punishable by any law for the time being in force. Therefore, investigation means criminal investigation and since in the present case since the CBI has closed the case, the question of any criminal investigation pending against the appellant does not arise to apply the provision of Section 8(1)(h). A Departmental enquiry can not be considered to be an investigation in terms of Section 8(1)(h) of the RTI Act as this Section has not used the term “investigation” simplicitor. It has to be read with the following terms “Prosecution “apprehension” or “prosecution of offenders”. If it is done so, it will be apparent that the term ‘investigation’ used in Section 8(1)(h) refers only to criminal investigation and does not cover fact finding in house enquiries. Since there is no pending investigation against the appellant, the question of appellant being offender who has to be apprehended or prosecuted does not arise. Investigation being a well known legal term, falls squarely within the confines of criminal investigation and in the absence of any other definition provided in the RTI Act, it has to be so construed in applying the provisions of Section 8(1)(h). In service jurisprudence, there is nothing like an investigation even during the disciplinary proceedings. Further, in view of the dismissal of SLP, there is a specific bar on the Department to initiate any proceedings against the appellant contrary to the final report of the CBI. Thus, not only there is any criminal investigation pending against the appellant, the Department cannot also initiate any disciplinary proceeding. Therefore, the contention of the CPIOs that pending disciplinary proceeding, being a matter of investigation, the information could not be disclosed, cannot be sustained. Instead of passing a speaking order and without giving any details of any investigations pending against the appellant, the CPIOs or AAs could not have come to the conclusion that furnishing of the documents sought for by the appellant would affect investigation. Considering the object of the RTI Act that there should be transparency in the discharge of functions of public authorities and that every citizen should have the right to access the information under the control of public authorities, the Commission should direct the CPIOs to provide the documents sought for by the appellant. The stand of the CPIOs and AAs in their respective orders and the comments and during the hearing is: According to the CPIO/AA, FCI, since the subject matter is under the examination with the CVC/Ministry and DOP&T, it assumes the status of investigation and therefore covered under Section 8(1)(h) of the RTI Act. In the comments to the appeal, the CPIO, FCI has stated that since the appellant has sought for correspondence etc. with other agencies, the same could not be furnished without the consent of these agencies as required under Section 11 of RTI Act. According to the Department, while serving as Sr. Regional Manager, FCI, the appellant was allegedly involved in a number of corrupt practices and irregularities and accordingly investigations were initiated by the Vigilance Cell of the Department. As on date, there are three disciplinary cases pending against the appellant besides matters pending in CAT, Chandigarh and Punjab & Haryana High Court. The findings of CBI have not found favour with the Department and investigation to the financial loss on account of irregularities committed by the appellant are pending. The term ‘investigation’ used in Section 8(1)(h) of the RTI Act cannot be interpreted in the manner in which the appellant has tried to interpret. While interpreting any term, the concept of ‘purpose and object’ or the ‘reason and spirit; should be kept in mind. The textual interpretation should match the contextual. Section 5 of Cr. PC clearly specifies that specific provisions spell out in other Act would override the provisions of Cr. PC in identical matters. Since admittedly the impugned matter is related to investigations under the Departmental proceedings as set out in the relevant Act, rules and procedures governing members of an All India Service, the definition given in Cr. PC cannot be applied in the present case. The contention of the appellant that with the withdrawal of the SLP and the consequent dismissal of the SLP by the Supreme Court bars further departmental action is not sustainable. As per the rules and legal provisions, once CBI enquiry is over and if the Department differs with the report of the CBI, further action is required to be taken as per para 3.16 of the CVC Manual. The CVC, to which the matter was referred, has advised for initiating disciplinary proceedings and therefore the Department of Personal, being the cadre controlling authority, would initiate appropriate action, if so decided. The High Court order dated 29.7.2005 only bars the department from conducting parallel investigation with the CBI and since CBI has already submitted its report, there is no bar in proceeding with the Departmental action and on so mentioning before the Supreme Court, the SLP was allowed to be withdrawn. Therefore, it is absolutely wrong on the part of the appellant to contend that no criminal and/or disciplinary case is pending gainst him. DECISION: The CPIOs and AAs have declined to furnish the information applying the provisions of Section 8(1)(h) of the Act which reads: According to the appellant, relying on Cr.PC, the term “investigation” would mean criminal investigation which may result in apprehension or prosecution of offenders and since the CBI has given a clean chit to the appellant, no criminal investigation is pending and departmental proceedings cannot be considered to be investigation to deny documents sought for by him applying the provisions of Section 8(1)(h) of the Act. It is true that the term “investigation” has not been defined in the RTI Act. When a statute does not define a term, it is permissible to adopt the definition given in some other statute. If different definitions are given in different statutes for a particular term, then the one which could be more relevantly adoptable should be adopted taking into account the object and purpose of the Statute in which the definition is not available. It is not necessary to confine oneself to only one definition as propounded by the appellant. In the present case, the appellant is a government official and is therefore, bound by the service Rules, which inter alia include the provisions in the Vigilance Manual. As a matter of fact, he got a stay from the CAT only on the basis of the provisions in the Vigilance Manual challenging that in terms of the Manual, departmental investigation cannot go on simultaneously with CBI investigation. His stand before the CAT was that even issue of show cause notice amounted to investigation, while in the present appeals, his stand is that investigation means criminal investigation. One cannot interpret the provisions of a statute according to his own convenience. Be that as it may, as far as the present case is concerned, considering the fact that the appellant is a government servant, the term “investigation” in Section 8(1)(h) has to be interpreted in terms of the Vigilance Manual. I am extracting certain portions of Chapter 4 of the Manual, (2005 Edition) from which it could be seen that the terms “investigation” and “enquiry” have been used analogously, to indicate that investigation need not necessarily mean criminal investigation. From the above extract, it can be seen that the term “investigation” in respect of government officials could mean both investigation by the CBI, which could be termed as criminal investigation as well as investigation by the Department. Therefore, I do not find any force in the contention of the appellant that “investigation” means only criminal investigation. In this connection, I may refer to the Division Bench decision of this Commission in Shri Gobind Jha Vs Army Hqrs. (CIC/80/2006/ 00039 dated 1.6.2006). In that case, the appellant sought for various information including a copy of the report of investigation carried out on the basis of his complaint. The CPIO and AA declined to furnish a copy of the report applying the provisions of Section 8(1)(h) of the Act. Examining the provisions of Section 8(1)(h) of the Act, the Division Bench observed - Thus, from this decision, it is apparent that this Commission has not viewed the term ‘investigation’ as used in Section 8(1)(h) to apply exclusively to criminal investigation as propounded by the appellant in the present case. Therefore, the contention of the appellant that only when criminal investigation is pending, the provisions of Section 8(1)(j) could be applied, has to fail. The second limb of the contention of the appellant is that the Department is incompetent to initiate disciplinary proceeding after withdrawal of the SLP. As far as this contention is concerned, I would like to make it abundantly clear that it is not only beyond the scope of the proceedings before the Commission to examine whether the Department is competent to take disciplinary action or not but it is also beyond its jurisdiction. Therefore, when the Department has stated that three disciplinary proceedings are pending against the appellant, my examination will be restricted only to decide whether, the information sought by the appellant could be denied on the ground that investigation is pending. According to the Department, on the basis of the advice of the CVC, the matter is pending with the Department of Personnel. Any disciplinary process till such time a charge sheet is issued or the case is closed, has to be treated as a matter under enquiry/investigation, to be covered under Section 8(1)(h). In Shri D.L.Chandhok Vs. Central Wharehousing Corporation (Appeal No.121/ICPP/ 2006 dated 9.10.06), this Commission has held that - In the present case, it is evident from the applications of the appellant themselves that he has sought copies of various documents connected with disciplinary/other proceedings against him. Therefore, I am of the view that the CPIOs and AAs have correctly applied the provisions of Section 8(1)(h) to decline to provide copies of the documents sought for by the appellant. Before parting with the decision, I may also point out that the stand of the CPIO, FCI in his comments that the provisions of Section 11 are attracted in furnishing correspondence with other agencies is not correct. Section 11 would be attracted only when information relating to a third parry is sought for disclosure and not when the correspondence relates to the applicant himself. In view of my finding that the CPIOs have correctly applied the provisions of Section 8(1)(h) of the Act in declining to furnish copies of the documents sought for by the appellant, the appeals stand dismissed. The case was decided by Mrs. Padma Balasubramanian, Information Commissioner on 27th December 2006.
  10. I don't know whether this is the right place to post my query. My query is that there is a open manhole in our area since monsoon. It was made open to drain strom water, but now monsoon has been passed. The municipal officer are not taking pains to cover the drain. Under RTI Act I had asked the name of the concerned officers and I am getting it by tomorrow now my query is 1) Can I file a criminal case against these concerned officer in our local police station for creating a threat to citizen.....???????????
  11. Friends, Various cyber crimes are happening all around in the world Most of the internets lines, ISDN, Broad band, etc are controlled by DOT corp i.e. BSNL , a Govt agency Even other priavte players being regulated by TRAI and licensed by DOT (Dept of Telecom) Do we have the right to known under RTI Act various information pertaining to Cyber ... Bottom line ...Is cyber world covered in RTI Act directly or indirectly
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