Adab! Your agreement is most welcome. However, I should add that in
my dictionary, to quote an old saying "BHAVANA SAY KARTAVYA OONCHA HAI"
and indeed I should point out that although I am sending these notes my
efforts are buttressed by tens if not hundreds of young colleagues in AID,
ASHA, PARIVARTAN and elsewhere who are watching and studying
with total vigilance how RTI is being used in order to allay the
injustices
visited upon the common folks in India and eliminate the corruption which
seems to have permeated all levels of civic society . I reiterate, let us
do everything in our power not to disappoint them. Of course, I want to
state unequivocally that God will bless all positive efforts emanating
from your office. Take care,
                                    Mohan BHagat
                                    President, AID-USA


On Sat, 21 Oct 2006 This e-mail address is being protected from spam bots, you need JavaScript enabled to view it wrote:

 I agree entirely
 Wajahat


 ---------- Forwarded message ----------
 Date: Mon, 16 Oct 2006 16:49:10 -0400 (EDT)
 From: Satindar M Bhagat <bhagat@Glue.umd.edu


 Subject: Reply

      Dear Mr. Habibullah,
          Thank you very much for the auto reply and the quotes from the chapter  and verse of the RTI act in support of your actions vis a vis petitions being presented to the PIOs.
          When I said "my read" I was not referring to the literal language but rather to the spirit of such a device as the RTI act. It seems to me that  two of the most important motivators are (i) the recognition, by the GOI, of a  monumental amount of disaffection among the citizenry regarding the responses they received hitherto pertaining to various acts (of omission and  commission) by THEIR Govt, and (ii) the realization that  any pretence at DEMOCRACY is given the lie unless the citizens are adequately informed and can meaningfully  respond and participate.
           I could also see that the Govt would like to protects its minions from  being subjected to frivolous queries. However, any such protections must,  in  the true spirit of an RTI scenario,be used extremely sparingly and if used  at  all must provide full accounting of the reasons for the denial. Indeed,  any  capricious use would essentially negate the very basis of RTI while a  clear  enunciation of "reasonable causes"  would be educational both for the  citizenry  as well as the determining authority such as yourself. A fully informed  citizen  can prepare subsequent petitions to ensure more successful outcomes.
          RTI is a wonderful step in the right direction. It puts enormous responsibility on all of us to ensure its success otherwise coming generations  will NEVER forgive us. It is the most powerful instrument against endemic corruption. Its use should be regarded as a sacred duty and not a mere bureaucratic exercize. The citizenry is all expectant so
 every effort should be made not to disappoint them.

         Thank you for your consideration,

                                                Mohan Bhagat

---------- Forwarded message ----------
Date: Fri, 13 Oct 2006 08:43:40 +0530 (IST)
From: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
To: Satindar M Bhagat <bhagat@glue.umd.edu
Subject: Re: RTI and Nonperformance

Thanks for the mail. If you read Sec 20 of the Act you will see that it
specifies that the fault has taken place "without reasonable cause". What
is reasonable is for the CIC/SIC to judge. There is also clause 21 which
speaks of action taken in good faith. However, my effort is much wider. I
see the full implementation of disclosure clauses as the key to the
success of the Act and this will rewquire the fullest activation of Sec 4.
But this can be achieved only with full cooperation of all concerned,
which I see the Act as being a potent instrument of.
For this reason,my own reading has been that while PIOs be required to
explain and justify any supposed transgression, they may at the stage of
initial implementation of the Act be given the necessary benefit of doubt.
Wajahat

       Dear Mr. Habibullah,
             In reading your published views I get the impression that you
 believe that there is room for equivocation regarding the imposition of
 penalties for nonperformance by PIO's etc in pursuance of the RTI act.
 I must respectfully differ from your expressed views as my read of the act
 suggests that it is UNEQUIVOCAL in prescribing penalties for
 nonperformance. I hope that you would take the opportunity to clarify at
 the earliest why you feel that penalties are not the most appropriate
 vehicle for proper working of the RTI act. On the contrary,it is generally
 agreed that unless an offcier knows that failing to do his/her job
 has well defined costs he/she may not feel sufficiently motivated. In the
 absence of such a clarification I see no reason why you yourself should
 fail to perform the duties mandated for the CIC/SIC.
                   Thank you for your consideration,

                                              Mohan Bhagat
                                              Prof of Physics
                                              Univ of Maryland
                                              College Park
                                              Maryland, USA
                                              President, AID-USA