Landmark RTI Decision :: Shailesh Gandhi

shailesh gandhi
B2 Gokul Apartment, Near Asha Parekh Hospital,Poddar Road, Santacruz (W),Mumbai-400054 ,

Tel: 022-32903776; 26001003, 98200 27305. Email: shailesh2@vsnl.com

July 16, 2006

The time for providing information for requisitions filed under Right To Information is 30 days. While Section 7 (1) of the RTI Act specifies a period of 30 days for the Public Information Officer(PIO) to give the information, it also states  “Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.”

Citizens have tried to use this proviso in some cases, but I am not aware of any case, where the Information Commission has upheld this contention. Now we have, what may be a landmark decision with far-reaching implications for Citizens to correct the general apathy of many Government agencies to the safety of lives of Citizens. This may also be one of fastest decisions from the Chief Information Commissioner of Maharashtra, Dr.Suresh Joshi. Sandeep Jalan and I filed two RTI requisitions with the PIO of  H-West ward of the Mumbai Municipal Corporation. Sandeep had mentioned open drains in Khar, and I had mentioned three large open trenches and pits in Santacruz.  The Municipal Commissioner of Mumbai had assured Citizens that all construction and digging on the roads would be over by 31 May,- before the advent of the monsoon. This was evidently a promise which neither he, nor any other officials meant to fulfill. When heavy rains struck in the first few days of July, and the roads had waterlogging, the open drains and large open pits and trenches (some over 5 feet deep), certainly posed a danger to lives of Citizens.

Sandeep and I filed the RTI requisitions asking for the names of officials responsible, and the action taken against them on 4 July. We had also asked by when action would be taken to correct this life-threatening danger. The PIO did not reply even in over 100 hours. We therefore filed  complaints to the Chief Information Commissioner on 10th July. Accepting our contention that a life-threatening issue needed a fast disposal, Dr.Joshi fixed a hearing on 13th July. During the hearing he pointed out to the PIO and the Ward officer who had come that they had failed in providing the information in the stipulated time. He pointed out that he would take penal action, unless they acted fast to take corrective action. In Santacruz, they finished the work on one trench and got MMRDA to fence the others within 12 hours, so that atleast the danger to Citizen’s life would not be there. In Mumbai itself I would encourage Citizens to file similar RTI requisitions wherever such open manholes or large trenches -over 5 feet,- are there, and are not fenced properly. If we put enough requisitions this year and force the authorities to take remedial action immediately. Maybe next year they will not repeat this criminal neglect.

For other such matters wherever Public utilities are working in a manner which could endanger people’s lives, we could act to make our Public Authorities more accountable.

Giving a proposed application below for such instances in Maharashtra.

In other States, with a change of format, it could be used by all Citizens.

Also attaching the landmark decision of the Information Commission, for easy reference

Annexure A

(see rule 3)

Format of application for obtaining information under the

Right To Information Act, 2005

To,

The Public information Officer,

.. Ward,

Address of Municipal Ward office.

(1)    Full name of applicant:

(2)    Address:                                                 Telephone number:

(3)    Particulars of the information required

(i)   Subject matter of Information:   Dangerous & Life threatening manholes/pits.

(ii)  The period to which the information relates:. Current

(iii)      Description of the information required:  There are dangerous and Life threatening open

manholes/pits at ..(mention locations)

For these I want the following information:

1.. Names of officials responsible for this.
2.. When would corrective action be taken to remove the threat to Citizens lives.
3.. Details of action taken against the officials responsible.
I wish to point out that under the provisions of Section 7(1),  when the “information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.”. This open manhole/pit can cause loss of life to Citizens.

(iv)      Whether the information is required by post or in person:  In Person-Please phone me, or send the information by hand-delivery. I will pay the necessary charges.

(the actual postal charges shall be included in additional fees)

(v)  In case by post:

(Ordinary, Registered or Speed)

(4)    Whether the applicant is below poverty line:  Not applicable

(if yes, attach the photocopy of the proof thereof.)

Place:

Date:                                                               Signature of applicant

022 32903776; 26001003
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