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Indian Express
2 days ago
- Politics
- Indian Express
Bengaluru's Century Club is ‘public authority', will have to provide information under RTI Act: Karnataka High Court
The Karnataka High Court has held that Century Club, located on 7.5 acres of land provided by the then Maharaja of Mysore near Cubbon Park in Bengaluru, is a public authority and hence comes under the purview of the Right To Information (RTI) Act. The order was passed on July 8 by a Bench consisting of Justice Suraj Govindaraj, dismissing a petition by the Club. The Century Club moved the High Court challenging a Karnataka Information Commission ruling in 2018 that ordered the club to provide a lawyer a certified copy of certain records in 2012 under the RTI Act. The club had earlier denied the lawyer, S Umapathy, the records, stating that it was not a 'public authority' as defined under the RTI Act. The club's counsel argued before the High Court that merely because the initial 7.5 acres of land for the club was provided by the Maharaja in 1913, it would not amount to 'substantial financing' by the state government. He argued that, as per Supreme Court precedent, for it to be a case of substantial funding, the body ought to be primarily run by it. On the other hand, the land was granted by the Maharaja as the club's patron, while the club was run by member dues, the counsel said. The Bench observed that it was the state's land and not personal property that was granted. 'There is no payment which has been made by the petitioner-club to the Maharaja of Mysore or the Kingdom of Mysore. The grant made in the name of the Maharaja of Mysore would also indicate that it is not the personal property of the Maharaja of Mysore,' the Bench stated. Umapathy argued that 'substantial funding' existed as the club could not exist without the land. He added that as the Maharaja was the head of a princely state, the same would count as a grant made by the government. He also raised the fact that the land in the centre of the city was of considerable value. Upholding the Karnataka Information Commission's initial finding, the Bench stated, 'if the valuation of the land of 7.5 acres as on today is taken into consideration, the same would run into hundreds of crores if not thousands, the contribution made by the members of the petitioners-club, as membership fees or any other head of account pales into insignificance. In that view of the matter, it is clearly and categorically established that there is a substantial contribution made by the State through the Maharaja of Mysore, who granted 7.5 acres of land to the petitioner-club in 1913, thereby making the provisions of the RTI Act applicable.'
Time of India
3 days ago
- Politics
- Time of India
2cr ghost toilet scam unearthed in Ankleshwar
Surat: Soon after the alleged Rs 7.3 crore NREGA scam was found, another racket has rocked Bharuch district. This time, it seems that at least Rs 2 crore has siphoned off from the exchequer, through ghost applications for govt assistance to build toilets in houses. A retired schoolteacher, Pravin Modi, reported the scam after getting information through a Right To Information (RTI) application. It appears that documents submitted to get marriage certificates from the Ankleshwar municipality were used to apply for allocation of funds for toilets. Modi says five agencies and govt officials are likely involved in the scam. Modi told TOI: "I got information that 'ghost' toilets were made in 2014-2015, to siphon of funds from the Gujarat Municipal Finance Board and from other govt schemes. I asked the Ankleshwar municipality for details via RTI a couple of months ago. I was shocked to find that people who own big houses and bungalows in Ankleshwar were shown to have received assistance for building toilets. When I contacted them, they said they never applied for the assistance. " The information given by the municipality shows that Anand Kadi Gramodhyog Trust, Navchetna Vikas Trust, Kamdar Kalyan Mandal, Mahatma Gandhi Gramnirman Trust and Vasundhara Sarvajanik Trust had built 1,906 toilets in houses. It seemed many of these toilets were never built. I will file a complaint with the CM, collector, DSP and vigilance department, people's documents were stolen to perpetrate this scam." Nirav and Krima Hazariwala, who live in an Ankleshwar society, married in 2011. Nirav said: "We submitted our Aadhaar cards for our marriage certificate in 2012. They were misused to apply for toilets. We live in Vatsalya Society, which has 30 bungalows. This scam damaged our reputation as people would think we applied for govt funds. The govt and police should take action against those who stole our documents." Another couple, Forum Patel and Roma Patel, were allotted funds for two toilets against their Aadhaar cards. "If Aadhaar cards are misused in this way, how can we trust govt offices? Strict punishment must be given to the scamsters," said Forum Patel, who lives in a bungalow in a posh Ankleshwar society. Romin Chharel, who lives in the Church area of Ankleshwar, told TOI: "They used my and my wife's Aadhaar cards, which were submitted for our marriage certificate in 2014. We discovered the misuse after 10 years. We suspect that the cards have been used elsewhere too. Police must investigate and hold those responsible accountable." Funds for a toilet were also disbursed in the name of Fazal Wadia's sister, who has been living outside Ankleshwar after her wedding. "My sister applied for a marriage certificate as she married in Ankleshwar. Even though she no longer lives there, a toilet was allotted in her name," Fazal said. Of the 1,906 toilets funded on the list, many are showing as having been allocated to two different families of different religions. "How can families of different religions live in the same house or building? This scam seems substantial based on its allotments," Modi said.
ABC News
09-07-2025
- Politics
- ABC News
Accidentally released document offers insight into Tasmania's Right to Information laws
Experts say access to information frameworks is "totally crucial" for maintaining trust in governments — and that trust can be undermined if governments have a tendency to not disclose information. Right to Information (RTI) — similar to Freedom of Information in other jurisdictions — gives members of the public legal rights to access public-interest information from the government. If working well, greater accountability and public trust could result, Johan Lidberg, an access to information researcher at Monash University, said. "A well-functioning [RTI] act and system act as a check and balance and accountability mechanism on how governments use their power," he said. A rare mistake in the government Department of Justice's redaction process meant a document was released to the ABC in full. It outlined the "stress" and "anxiety" of prison staff managing youth in watch houses. Children as young as 10 years old can be held in adult prison watch houses while awaiting police interview, court or bail, in conditions outlined by the Tasmanian custodial inspector and by correctional officers to a parliamentary inquiry earlier this year. The Tasmanian Greens have reiterated calls to end the detention of children in watch houses, while Liberal Party leader Jeremy Rockliff said the situation was "unacceptable". Labor leader Dean Winter called for improved transparency. Public authorities are meant to favour disclosing as much information as possible when dealing with RTI requests, Dr Lidberg said. RTI offices within government departments release information in line with legislation. There are exemptions permitting some types of information to not be released if they are first deemed outside the public interest or harmful to it, or "out of scope" of the RTI request. If the person requesting information is unhappy with the decision, they can request an internal review of it — and if still dissatisfied, an external review by the Tasmanian Ombudsman. The past two years have seen more than 80 per cent of external reviews result in the ombudsman changing or setting aside the public authority's decision. "This continues to reflect a very high percentage of errors in decision-making (though it is noted that some variations to decisions are of a minor nature)," the ombudsman wrote in its last annual report. In this case, the ABC was told exemptions used were "personal details of a person" and "internal deliberative material". Dr Lidberg said there were "no identifiers at all, so that whole exemption falls from releasing information". "I can't see why they would argue that this is not in the highest public interest," he said. But most redactions were made due to the information being "out of scope" of the journalist's request for "complaints, concerns or similar regarding children and young people being held in an adult remand facility". After reviewing the document, the ABC published a story on watch houses using information the department intended to black out due to being "out of scope" but, by accident, did not. See more details of the ABC's request, the information provided and relevant parts of the RTI Act, here. The department was asked to respond to Dr Lidberg's comment that the "personal details" exemption should not apply. The ABC also asked why it marked information "out of scope" that appeared to relate to its request. The department said: "A statement outlining the reasons for withholding information accompanies each decision." "If an applicant is dissatisfied with the decision they may seek a review which can be escalated to the ombudsman for external review if required," it said. The difficulties in accessing information in Tasmania have been previously reported on, with it more common for public authorities to refuse information in Tasmania than anywhere else in Australia. Dr Lidberg said resourcing of RTI offices was a major issue with RTI systems across Australia. Referencing skills gaps, backlogs and delays, the ombudsman said: "Tasmanians want, and deserve, an accountable and open government and a seeming lack of motivation to improve the RTI system is hindering that being achieved." The Tasmanian government also acknowledged this and other issues in its current efforts to improve the RTI framework. An independent review of Tasmania's RTI system was due on June 30 this year. However, it has been delayed a month due to the state election. Dr Lidberg said research of Australian RTI frameworks — albeit not Tasmania's — had also found instances of pressure being applied to withhold information. "When an RTI request is seen as controversial, the FOI [or RTI] officer then flags that to the coordinator, their supervisor, and it climbs up the chain, and quite often all the way to the political department," he said. "We have noted and there is evidence of pressure being put on FOI coordinators to use the exemption sections of the act to redact or not release information." The Department of Justice told the ABC there was no pressure on the RTI office when assessing its request. Dr Lidberg said governments could stop a "culture of secrecy" by addressing resourcing problems. Applying the laws appropriately depended on how important "leaders" thought public access to information was, he said. "We've seen multiple times with updates of acts and amendments and so on [that] when you change the letter of the law, it doesn't seem to affect culture as much," he said. He said healthy disclosure systems could be a "win-win" for governments. The ABC requested details of: "Complaints, concerns or similar regarding children and young people being held in an adult remand facility and related correspondence from 2022 to 2025." One 14-page document was given to the ABC titled "Engaging with Young People Training — Issues and Responses". It included a one-page introduction and then a table with two columns — one outlining staff-raised issues with dealing with young people in watch houses and the other with the department's written response to the issue. It was initially completely unredacted but with red outline boxes left around some sections, and then, minutes later a version with those boxes redacted was sent through in which almost all the document was redacted. The initial introduction as well as some sections on pages 2 and 3 were left unredacted. No staff or detainees were named in the document. The department said redactions were made according to the following parts of Tasmania's Right to Information Act: Exemptions subject to public interest test Section 35 — 'Internal deliberative information' I consider that disclosing the above listed items, which contain material compiled by departmental officers may contain information which is wrong or inaccurate — see clause (u) of Schedule 1. The material contains records of ongoing consultations between officers, including material which is deliberative in nature. It is also important to note that the material relates to exchanges by relatively junior Departmental employees and there is no information to indicate their views would be adopted as a formal policy. I also consider that the nature of the comments of Departmental officers are deliberate in nature and should not be disclosed. Officers must feel free to provide their opinions, advice and recommendations, and to participate openly in consultative and deliberative processes, in order for decision and action resulting from those processes to be robust. The overriding public interest consideration is the need to ensure that there is a frank exchange of views between officers when making decisions. The disclosure of consultations or deliberations would likely prevent such exchanges from occurring, with a consequent detrimental impact on good decision-making. Further, it would also lead to a reluctance to document the reasons for decision, with a consequent loss in transparency in the decision-making process. Section 36 — 'Personal information of a person' I consider that disclosing the personal information of members of the public would be detrimental to the interests of those persons — see clause (m) of Schedule 1. The personal information of people who have been held at a watch-house is not in the public domain and those persons might suffer discrimination by reason of their having been in these facilities if disclosed. As a consequence of the above, I am of the opinion that the factor favouring disclosure are outweighed by those against disclosure and it is not in the public interest to provide the personal information of a members of the public. 'Information out of scope' I consider that part of the material contains information which is out of scope of your request. The relevant material has been redacted and marked accordingly.
The Hindu
04-07-2025
- Politics
- The Hindu
Action taken against 13 PIOs by Information Commission
Karnataka Information Commission has penalised and taken disciplinary action against 13 public information officers (PIO) for not discharging their duties in the right manner to provide information under the Right To Information (RTI) Act. A penalty of ₹25,000 each has been levied on 13 PIOs including the tahasildars, Assistant Executive Engineers and others working under Bench - 2 of the commission. 'PIOs play a significant role in the implementation of RTI Act. Negligence of officials in providing information leads to the public not getting to know about government schemes in timely manner. RTI Act is an important tool that helps in public welfare and these actions have been taken to ensure that the officers are not negligent,' said a note from the commission.
The Hindu
29-06-2025
- Politics
- The Hindu
Nearly half of central funds for border bunkers in J&K lie unused, reveals RTI
The Jammu and Kashmir administration has not utilised nearly half of the central funds allocated for building underground bunkers for border residents over the last five years, according to information obtained through a Right to Information (RTI) application. The revelation comes amid heightened calls for civilian safety, following last month's Operation Sindoor and the intense cross-border shelling. Responding to the Right To Information application filed by Jammu-based activist Raman Kumar, the Jammu and Kashmir Home Department said, an amount of ₹242.77 crore was given to the Union Territory administration headed by the Lt Governor between 2020-21 and 2024-25. However, 46.58% of the money remains unspent. It said Rajouri district accounted for the highest utilisation of funds to the tune of ₹78.05 crore followed by Poonch (₹44.56 crore), Samba (₹42.09 crore), Kathua (₹37.20 crore), Jammu (₹17.51 crore), Kupwara (₹14.85 crore), Bandipora (₹4.33 crore) and Baramulla (₹4.15 crore). India shares a 3,323-km border with Pakistan, of which 221 km of the International Border (IB) and 744 km of the Line of Control (LoC) fall in Jammu and Kashmir. The Centre initially sanctioned the construction of 14,460 individual and community bunkers for ₹415.73 crore for border residents facing Pakistani shelling along the LoC and the IB in 2018-19. While 7,298 bunkers were sanctioned for the population along the LoC in the twin districts of Poonch and Rajouri, 7,162 underground bunkers got approved for villages along the IB in Jammu, Kathua and Samba districts. Later, the government sanctioned more than 4,000 bunkers to cover a more vulnerable population, including the areas falling in the north Kashmir districts of Baramulla, Bandipora and Kupwara. According to Jammu and Kashmir Chief Secretary Atal Dulloo, so far, 9,500 bunkers have been set up along the India-Pakistan border in the Union Territory. The bunkers proved to be a lifesaver for the border residents during the intense Pakistani shelling last month, minimising human loss, even as massive damage was caused to residential houses, besides the loss of livestock. Sharing the reply of the Home Department with PTI here, Mr. Kumar expressed surprise over the non-utilisation of funds during the relatively peaceful years along the borders. "Only 53.42% of the funds were utilised between 2020-21 and 2024-25," he said. The Home Department said, "Total funds amounting to ₹24,277.85 lakh (₹242.778 crore) have been given by the government of India to the government of Jammu and Kashmir through the Finance Department, J&K during the financial year 2020-21 till date for construction of bunkers for civilians in border districts of Jammu and Kashmir." It said, an amount of ₹6,918.31 was released for 2020-21, ₹4,170 for 2021-22, ₹8,189.54 for 2022-23 and ₹2,500 each for 2023-24 and 2024-25. However, the reply said that the J&K administration has only spent ₹12,967.869 lakh (₹129.678 crore) for the construction of bunkers for civilians -- ₹4,881.108 lakh in 2020-21, ₹3,318.548 lakh in 2021-22, ₹2,275.313 lakh in 2022-23, ₹846.64 lakh in 2023-24, and ₹1,646.26 lakh in 2024-25. A total of 27 people, mostly civilians, lost their lives and 70 were injured in intense Pakistani shelling and drone attacks on forward villages in Jammu and Kashmir after Indian armed forces launched missile strikes on terror infrastructure across the border during the intervening night of May 6 and 7 under Operation Sindoor to avenge the April 22 Pahalgam attack that left 25 tourists and a local service provider dead. Poonch and Rajouri accounted for most of the civilian casualties, prompting requests for the construction of more safety bunkers along the borders. Jammu and Kashmir Chief Minister Omar Abdullah visited the shelling-hit areas in both Jammu and Kashmir divisions within two days after India and Pakistan reached an understanding to halt military actions with immediate effect on May 10. He asserted that his government will formulate a policy to build individual bunkers for the people. "Community bunkers had been built, but they were not used for so long. No new bunker has come up in many years. Wherever I went, people said we should build individual bunkers," he said. "The government will frame a policy on that, and a scheme will be formulated for the people in these areas which are closer to the LoC and the border, and that would then be taken up with the central government," he added. He said the community bunkers are a lifeline during moments of crisis. "We will ensure the construction of more such safer spaces to protect and support our people living in border areas," he said.
