Before we initiate any action our planning has to be meticulous. This can only be achieved by gathering information. With the new MHA policy in place the threat level has risen to the level of ‘code BLACK’. We have the access to various laws and judicial opinions but what is missing is the abuse of the discretion that is vested in the hands of the administration. We need data, reliable information to put a strong argument in favor of RKBA. Without the information, figures, trends the defeat is certain. I apologize for the delay in getting back and posting this as promised.
The best way to gather information is by invoking the right to information, which not only will be reliable but will also be easily admissible before the courts. Although the process is a painful one that consumes a lot of time but that should not deter us from seeking information. The following gives a detailed insight of how we can gather as much information as possible.
THE PLAN:
Before we venture further we have to make sure that our efforts are organized and well planned. Filing multiple RTI applications will not only waste time but also money and other resources that could have been put to better use. For this I would like to form groups of people from different parts of the country as follows:
Northern States
• Jammu & Kashmir
• Delhi
• Haryana
• Uttrakhand
• Uttar Pradesh
• Himachal Pradesh
Southern States
• Karnataka
• Andhra Pradesh
• Tamil Nadu
• Kerala
• Andaman & Nicobar Islands
• Goa
Eastern States
• Tripura
• Sikkim
• Mizoram
• Meghalaya
• Nagaland
• Manipur
• Arunachal Pradesh
• Assam
• Bihar
Western states
• Punjab
• Rajasthan
• Gujarat
• Maharashtra
• Haryana
Centeral India
• Madhya Pradesh
• Chattisgarh
• Orissa
• Jharkhand
This is a rough distribution and can be changed accordingly.
RTI AN OVERVIEW:
I will now give a brief overview on how to go about filing a RTI application. RTI is a central law and applicable all across India with an exception of J & K for which there is a separate J & K RTI Act. Any information not prohibited by the Act or the Official Secrets act can be sought through the process.
Under section 8 of the act the following information cannot be obtained.
• information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, *strategic, scientific or economic” interests of the State, relation with foreign State or lead to incitement of an offence;
• information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
• information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
• information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
• information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
• information received in confidence from foreign Government;
• information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
• information which would impede the process of investigation or apprehension or prosecution of offenders;
• cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;
• information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual (but it is also provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied by this exemption);
• Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.
THIRD PARTY DISCLOSURES
Recently there was a controversy about the third party disclosures that was clarified by a circular no. 8/2/2010-lR dated April 27th 2010 and available at <http://persmin.gov.in/WriteData/Circula ... 010-IR.pdf>
THE PROCESS:
There is no specified format for a RTI application unless specifically provided and even if the format is not followed but the application gives all relevant information it cannot be rejected. For specific formats kindly refer to the websites of different departments.
In our case we are dealing with the District Magistrates or the Addl. District Magistrates who usually grant the licenses in many districts with the exception of metropolitan cities where the task is assigned to the District Commissioner of Police. Every department be it the District magistrate or the DCP would have a PIO (Public information officer) to which the RTI application has to be addressed.
A sample application would look like this:
FEES:To,
The Public information Officer
District Collectrate
[Address]
Sir,
Subject: Request for Information under section 6(1) of the Right to Information Act 2005.
1. Applicant’s Name: Mr. [Name] son of [Father’s Name]
2. Applicant’s Address: [Applicant’s address]
3. Application particulars:
i. Particulars about the application:
a) Department with which the information is concerned: Addl. DM (Arms Division/licensing)
b) Format in which the information is requested: Typed on paper.
c) Duration of the information: [if seeking data then the time duration has to be mentioned]
d) Details of the information sought:
a. The total number of arms licenses issued in the year 2009-2010 with the category of arm. [just an example]
b. The stage at which my arms application bearing no. [] dated [] is pending with your office. Etc.
c. [you can put in as many requests as you want]
4. Application fees:
i. Rupees 10/- (ten) enclosed as postal order no. ………….. dated……………
Date:
Palce: [place from where the applicant has filed the application] Applicant’s Signature
The RTI application has to be accompanied with Rs. 10 as the fees. The best way of remitting the fees is through the postal order available at all post offices. The postal order should be in the name of “Accounts officer”, [Department], [city]. The fees can also be paid in person at a few offices. The department will provide you with a receipt if the fee paid in paid in person.
MAILING:
The application can either be mailed as a registered post along with AD so that you have a proof of dispatch or can be handed over to the office in person and make sure that you take the inward number on a separate piece of paper with the details of the address and the addressee. On it with the seal of the office and date.
Feel free to peruse through the Govt. issued RTI guide available at the following link. http://persmin.gov.in/WriteData/Circula ... 009-IR.pdf
This is just the basic information and please feel free to ask as many questions as you may have. I would also request other members to contribute in terms of addresses and other state specific procedures.
The authority has to provide the information within 30 days of receiving the application. In cases the information is sought which are essential and pertains to life and liberty the authorities have to act within 48 hours of receiving the information. But the specific reasons have to be mentioned in the application.
What information do we need:
To prove our case we ned the following information:
1. Number of arms licenses issued since 2000
2. The use of licensed arms in crimes.
3. The number of MPs and MLAs in possession of arms license in each state, this information can be then compared to their criminal record if any that is publicly available on the election commissions website.
4. No. of criminal incidents in which illegal arms have been used.
5. the no. of illegal small arms seized by the authorities since 2000.
6. No. of cases pending for illegal possession of firearms under the Arms Act.
As of now I can only think of these but will keep updating this post regularly.
I hope this information makes sense and let me know in case you need more explanation or formats.
I will be more than happy to draft more applications as and when required by any member of the forum.
Cheers!!!!!!
