Dr. Thakur, Let me begin with saying you and Mr. Amitabh Thakur are doing an excellent job for Right to Inform policy which will help people to know their rights more and more. I read through english part of public litigation that you linked in your email, I must say it is well drafted. One thing I noticed was in your email about rule 4(7), being a very pivotal rule I dont see any mention of that rule in your litigation filed. I must also add that I am not of law background so I tend to get clumsy with interpreting the court documents.My apologies. Also I read your email on Mr Amit Jethwa s killing. It really is very sad and shameful for such a great personality to die at this age that too doing good work. My heartfelt condolences to their family. As per RTI act can we put the information received from the goverment to put on website for public viewing. Is there a law which holds citizen of India from putting the information on public websites. I thought it could be a great way of bringing more awareness. Regards, Rahul --- On Mon, 9/6/10, Nutan Thakur <[email protected]> wrote:
From: Nutan Thakur <[email protected]> Subject: [bm] UP VS RTI Rules To: "Bharat Uday Mission" <[email protected]> Date: Monday, September 6, 2010, 2:36 AM Friends, I attach a copy of the letter written(in Hindi) by me to the Principal Secretary, Uttar Pradesh Vidhan Sabha which brings forth some rules made by the Uttar Pradesh Vidhan Sabha which see to go blatantly against the basic provisions and spirit of the RTI Act. http://nationalrtiforum.org/Judicial%20Interventions%20by%20Forum.htm The rules are called the Uttar Pradesh Vidhan Sabha Sachivalaya Right to Information (Regulation of Fee and Cost) Rules,2007 passed through Government Order No 1883/Vi. Sa./02(Adhi) 2006. One of these rules, Rule 4 (6), says that no information shall be given under the RTI Act if the contents of the letter are against the dignity and respect of the Uttar Pradesh Vidhan Sabha. Then, Rule 4(7) goes a step further and says that the information will not be given if it seems that the Intentions of the information seeker are not good/ proper. Thus the UP Vidhan Sabha has brought two issues which have no reference and provisions in the RTI Act 2005 under whose provisions these Rules have been framed by the Chairman of the Uttar Pradesh Vidhan Sabha. While no one can deny the fact that the dignity and respect of the Vidhan Sabha are paramount in nature and no one shall be allowed to have any ill-intent towards the Vidhan Sabha yet the act of seeking information under the RTI Act and the conduct of demeaning the respect of the Vidhan Sabha are two entirely different things. The Vidhan Sabha has enough provisions under the Constitution and subsequent Rules framed in this regards to punish anyone who shows disrespect to the Vidhan Sabha, yet to club it with the RTI Act does not seem to make sense. Even more, in Rule 4(7) even an apprehension of ill-intent seems to be sufficient to deny information. Coming to the Fees imposed by the UP Vidhan Sabha for supply of information, we find it surprising that under Rules 5, 6 and 7 the fees are fixed at Rs. 500 along with an application and Rs. 15 per page. These fees do not seem to be reasonable as is expected under section 7(5) of the RTI Act. In the above mentioned letter, I have conveyed these facts to the Principal Secretary of the UP Vidhan Sabha and have also said that if suitable remedies are not allowed, I should move for other suitable remedies. I present these facts for your perusal and comments Dr Nutan Thakur National RTI Forum Lucknow # 94155-34525
