Pendency at CIC & SICs

Date: 17-11-2011   

Dear RTIian,

Subject: Pendency at CIC & SICs

I am attaching statistics compiled by Shri C. J. Karira of Secunderabad. The data reveal that due to paucity of ICs, RTI is being consigned to death bed systematically, surreptitiously and corruptibly by Govts and other vested interests. Citizens are losing faith in RTI due to such alarming back-log. PIOs and FAAs do not take RTI seriously any more. Efficiently functioning CIC and SICs are sine qua non for effective RTI.

2. Govts at Centre and States are trying to puncture RTI by interalia not posting adequate number of ICs to effectively match flow of second appeals/complaints. Those posted as ICs are taking this assignment as time pass after retirement. No committed and capable ICs are posted by resorting to manipulation in appointment process. ICs are not provided office and human infrastructure so that there is no efficient functioning at CIC/SICs.

3. In Gujarat, second appeals/complaints filed in early 2008 are being heard now. Nearly 8000 appeals and complaints are pending. Recently new CIC and one IC are selected and will start functioning hopefully shortly. At present there is only one IC without CIC at GIC. A senior citizens’ NGO has filed writ in Sept 2011 for appointment of 6 ICs in GIC. It is pending. In late 2009  Shri Amit Jethwa [murdered on 20-10-2010] had filed PIL for appointment of 2 ICs and he succeeded in getting appointed two ICs in March 2010 through High Court. I had given inputs and refined this PIL.

4. In my humble opinion, we should file a PIL in Supreme Court, as it affects fundamental rights of Indians all over country. Activists in or near Delhi can take up this matter. Others can provide finance and inputs. I am prepared to initially contribute Rs.5000/- for this purpose. If we can get citizen centric advocate who will not charge his fees in larger public interest, then cost of litigation will be less than Rs.10000/-. At the most with advocate fee etc I think cost of PIL will be not more than Rs.75000/-. It will not be possible for me to visit Delhi due to health problems.

5. Govts do not understand any language except language of higher judiciary. Hence PIL in SC is the only effective way out. Recently as SC decided in PIL of All India Road Network Users Association, we will be required to first issue notices to Central and all defaulting State Govts before filing PIL. Hence let us start with first step of legal notices.

6. I hope my above submission will be taken into consideration by you, being one of those who care for RTI, rule of law and good governance.

Yours sincerely,

J P Shah

Encl: 1

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Speaking on the eve of Indian Independence Winston Churchill said "Power will go to the hands of rascals, rogues and freebooters. All Indian leaders will be of low caliber and men of straw."  The Indians and Indian politicians have proved that the premonition of Winston Churchill is true.