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Atul Patankar posted a topic in RTI in MediaAs reported at www.hindu.com on 07 April 2009 New Delhi (PTI): Sexual harassment amounts to human rights violation and no organisation, including RAW, should be exempted from the purview of RTI Act in such cases, the CIC has said. While hearing the plea of a women RAW officer, the Central Information Commission held, "... this entire application centres on allegations of sexual harassment which is a material basis for allegations of human rights violation. We have also on earlier occasion also held that overt gender discrimination amounts to violation of human rights." Although the commission dismissed the plea of Nisha Priya Bhatia, a RAW officer who had demanded information under RTI Act on her complaint regarding allegations of sexual exploitation by seniors on technical grounds, it advised her to move a fresh application seeking information which was denied by the agency. "It will be open to Nisha Bhatia to move a fresh application before the RAW seeking information on the matters which she has now sought at the level of second appeal. Her right to so move an application notwithstanding the listing of RAW in the second schedule is upheld in light of proviso to sec 24 (1)..." Chief Information Commissioner Wajahat Habibullah held. Source: The Hindu News Update Service
Atul Patankar posted a topic in RTI in MediaAs reported at www.hindu.com on 5 May 2009 New Delhi, May 5(PTI) The CIC has directed the Centre for Development of Advanced Computing (C-DAC) to disclose information about a software it developed for RAW to a former official of the intelligence agency, who was arrested for allegedly leaking sensitive information to a CIA agent. "...there is no sensitive information pertaining to RAW and since RAW's opinion or view is not applicable in this case, the Commission directs the CPIO, CDAC to furnish the appellant with all the information as sought by him...," Information Commissioner Annapurna Dixit said ordering the CDAC to provide the information by May 25. The decision came on the RTI plea of Former Director (Computers) RAW, Brig (Retd.) Ujjal Dasgupta, lodged in Tihar jail following his arrest in 2006, who contended that information about the software 'Anveshak' was crucial to his defence. He was arrested for allegedly violating Official Secrets Act by passing on sensitive information to an American diplomat Rosanna Minchew. Brig Dasgupta had sought details about the development of 'Anveshak', the way it was transferred to RAW - by floppy, CD or pen drive, agency responsible for installation at the premises of RAW and other such details. But the CDAC had refused to provide the information saying it was exempt under the provisions of the Act. Brig. Dasgupta filed an appeal with CDAC, stating that he was seeking only factual information about the software and not the data contained within which could have pertained to national security, which was also rejected. Source: The Hindu News Update Service
Atul Patankar posted a topic in RTI in MediaAs reported at ptinews.com on 27 Apr 2010 New Delhi, Apr 27 (PTI) The CIC has directed the Central Vigilance Commission not to destroy documents, whose disclosure is yet to be decided by it, even if there is a policy of disposing them of after a specified period. Chief Information Commissioner Wajahat Habibullah said during a hearing that the documents sought by RTI applicants should not be destroyed till a decision is made on their disclosure. The case is related to Maj Gen (Retd.) V K Singh who, through his RTI application in 2008, wanted to know from the CVC the status of his complaint highlighting the alleged corruption in Research and Analysis Wing (RAW). The CVC said in its reply that his complaint was "filed" and no file notings were available. Source: fullstory
Atul Patankar posted a topic in RTI in MediaAs reported by Noor Khan at www.samaylive.com on 23 April 2009 New Delhi, Apr 23 : The CIC today agreed to review its decision in a case involving a former RAW official and National Security Council Secretariat (NSCS), admitting that the matter was "mishandled" by its officials. During the hearing of his complaint at Central Information Commission, former RAW official V K Singh quoted the RTI reply given by the CIC which shows that two key witnesses in the case were not properly informed for the final hearing by the Commission's officials. Singh also alleged that he was not also not given any information about the hearing. "As a constitutional authority, I have been authorised to re-examine any decision that has been taken on the basis of some law or fact...File a fresh application for the review," said Chief Information Commissioner Wajahat Habibullah agreeing that case was "mishandled" by the officials. Author of the controversial book "India's External Intelligence Secrets of R&AW" V K Singh is facing CBI enquiry for alleged violation of Official Secrets Act for giving details of the intelligence agency's working his book. Singh has contended that material used by him was highlighted in a chapter on Intelligence in a report on National Security prepared by Group of Minister in 2001, which was not a confidential document as claimed NSCS and should be given under RTI. But the CIC had left the decision on NSCS on whether the report could be given or not under RTI Source: CIC to review its decision in case of ex-RAW official :: Samay Live
sidmis posted a topic in RTI in MediaCIC dismisses ex-RAW official’s RTI appeal against ‘rival’ author as reported by Krishnadas Rajagopal, Oct 11, 2008, Indian Express New Delhi, October 10 Incensed that the CBI had not taken any action against former intelligence officer B Raman for revealing “official secrets” in a book but had penalised him for his own published work on the workings of the Research and Analysis Wing (RAW), Major General (retd) Vinay Kumar Singh was left disappointed when his RTI appeal against Raman was dismissed by the Central Information Commission (CIC) on Friday. Singh’s RTI appeal stemmed from the fact that the ‘revelations’ in his own controversial book, India’s External Intelligence: Secrets of Research and Analysis Wing, had left him facing charges under the Official Secrets Act (OSA) and Indian Penal Code (IPC). However, the CBI had not taken any similar action against Raman, who penned The Kaoboys of R&AW: Down Memory Lane. Claiming that his appeal was beyond the scope of its jurisdiction, the CIC directed Singh to petition the CBI director against the former RAW operative. Singh, also a former RAW official had highlighted 28 instances in Raman’s book which “appear to violate the provisions” of the OSA, 1923 and the IPC, 1860. “Yet the CBI has not contemplated any action against the author or publisher of the book under the OSA or the IPC. But similar disclosures in my book have left me facing charges under the OSA and IPC,” Singh submitted on Friday in a hearing before Chief Information Commissioner Wajahat Habibullah. The CBI had registered an FIR under Section 5 (wrongful communication of information) of the OSA against Singh in September 2007. The agency had then followed it up with a chargesheet against the author on April 11, 2008. The CBI, meanwhile, stood firm with a stoic reply that they would have taken action against Raman had there been a specific complaint against him. “There has been no specific complaint on this work (Raman’s),” Superintendent of Police (CBI) Sanjay Singh repeated in his submissions before the Bench. Reacting to the CBI’s reply, Habibullah has now advised Singh to “petition the CBI Director for action to be taken”. “You can express your dissatisfaction to him (CBI Director). You can demand action to be taken. I cannot do anything as your query is beyond my jurisdiction,” Habibullah observed. CIC dismisses ex-RAW official’s RTI appeal against ‘rival’ author
Dear friends, I have just joined RTI India. Those of you have been following the recent articles by Veerappa Moily, A Suyra Prakash etc that have been posted may have read about me. I am a retired Army officer, who served in RAW for about 31/2 years. Last year I wrote a book titled INDIA'S EXTERNAL INTELLIGENCE - SECRET OF RESEARCH & ANALYSIS WING (RAW) in which I pointed out several anomalies such as lack of transparency and accountability, corruption, indiscipline and so on. For my efforts, I am being prosecuted under the infamous Official Secrets Act, 1923. So much for the brief introduction. I will soon post a detailed brief giving the latest situation, especially the systematic manner in which the bureaucracy stone walls the use of the RTI Act to obtain 'uncomfortable' information. Regards Maj Gen VK Singh