RTIFED/SICP/2013/Part-2/051-A/0911A 09 NOVEMBER 2011 THROUGH E-MAIL

1. Mr. R.I. Singh Honble State Chief Information Commissioner, Punjab State Information Commission, SCO 84-85, Sector 17-C, Chandigarh -160017 Email: scic@punjabmail.gov.in 2. Honble Chief Secretary to Government Punjab, Punjab Civil Secretariat, Sector 1, Chandigarh 160001 Email: cs@punjabmail.gov.in

Part-2 NOW, ERRANT RTI OFFICIALS MAY HAVE TO FORGO THEIR PROMOTION IN KERALA
Honble Sir, Your kind attention is invited towards the earlier RTIFED communication bearing reference No. RTIFED/SICP/2013/051/0811 of 08 NOVEMBER 2011 sent through email, wherein the initiative of All members of the (Kerala) State Information Commission which had raised a collective demand for the move, the Kerala State government has started efforts to revise the Manual of Office Procedures (MOP) following growing non-compliance by officials with provisions of the Right to Information (RTI) Act, was enumerated with the request to bring about a similar resourcefulness for the better management of RTI Regime in the State of Punjab too. Apart from the Provision in the Right to Information Act 2005, there are duties and responsibilities cast upon all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial,

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executive and ministerial, throughout the territory of India1 to continue to function subject to the provisions of the Constitution of India. One among these is the Equality before law2. A duty has been cast upon the state not to deny to any person equality before the law or the equal protection of the laws within the territory of India. If the Keralites are being provided a better Right to Information Act 2005 regime, why deny the same to the Punjabis. After all both are the esteemed citizens of India and within the territory of India. Every authority of the Officers and staff of the Government comes laden with the responsibility and accountability to perform as per Constitution of India, for which they took a solemn oath while resuming their duties with the Government. So the state and its instrumentalities are duty bound to oil its machinery (Babudom) to gear up for the better RTI Regime or else face the music. The State is also under constitutional obligation to exercise exert full faith and give credit throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State under Article 261(1)3 of the Constitution of India. Summing up all these, there is a strong case that the State Government in Punjab also follows the suit, which the Kerala Information Commission and the Karala Government has initiated. Any delay in doing so is amounts to depriving the residents / citizens of Punjab State are also brought at par with that of Kerala State, lest their fundamental rights infringed and they are not treated with Equality before law. RTI Activists and volunteers all over India are putting up the similar requests to their own states governments in which they reside and building a pressure

Article 375 - Courts, authorities and officers to continue to function subject to the provisions of the Constitution - All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of India, shall continue to exercise their respective functions subject to the provisions of this Constitution.
2

Article 14 - Equality before law - The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
3

Article 261(1) - Public acts, records and judicial proceedings - (1) Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State. This communication is sent through electronic media and as such does not require any signature.
Write at: 3758, Sector 22-D, Chandigarh 160022 | Mobile +919-888-810-811 | Website: www.rtifed.com

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on the governments to follow the suit which the Kerala Government has done on recommendation from the Kerala State Information Commission. It is also a duty of the state to ensure Equal justice and free legal aid4 for its citizens. The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. For your ready reference the relevant articles of the Constitution of India are reproduced in the footnotes. However the extract of the same is given in Annexure-I attached with this communication. The copy of RTIFEDs earlier communication bearing reference No. RTIFED/SICP/2013/051/0811 of 08 NOVEMBER 2011 is attached herewith
once again for your ready reference and appropriate action please.

It is hoped that state will soon initiate the action to restore the dignity and rights of the information seeking citizens residing in the State of Punjab and elsewhere, by putting them on the same footings as their counterparts are in the State of Kerala. The receipt of this communication may please be acknowledged. Thanking you, Very cordially yours,

Surendera M. Bhanot
President RTIFED5 rtifed@gmail.com
2. 1. Annexure-I Reference No. RTIFED/SICP/2013/051/0811 of 08 NOVEMBER 2011

Enclosure

Article 39A - Equal justice and free legal aid - The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
5

RTIFED (formally known as RTI Activists Federation and founded by the legendary Advocate H.C. Arora) is a body looking after the rights of the RTI Applicants and keeping an eye over the happenings of the RTI related matters in various states. This communication is sent through electronic media and as such does not require any signature.
Write at: 3758, Sector 22-D, Chandigarh 160022 | Mobile +919-888-810-811 | Website: www.rtifed.com

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ANNEXTURE-I

Extracts from

THE CONSTITUTION OF INDIA

Article 14
Equality before law
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Article 39A
Equal justice and free legal aid
The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Article 261(1)
Public acts, records and judicial proceedings
(1) Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.

Article 375
Courts, authorities and officers to continue to function subject to the provisions of the Constitution
All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of India, shall continue to exercise their respective functions subject to the provisions of this Constitution.

This communication is sent through electronic media and as such does not require any signature.
Write at: 3758, Sector 22-D, Chandigarh 160022 | Mobile +919-888-810-811 | Website: www.rtifed.com

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