‘Balakrishnan tarnished image of judiciary’

New Delhi, June 5 — The stubbornness with which Justice K.G Balakrishnan, who retired as Chief Justice of India last month, opposed the implementation of the Right to Information in the judiciary has damaged the image of the institution, according to rebellious judge D.V. Shylendra Kumar. In one of the strongest attacks by any judge across the country on Justice Balakrishnan, who is set to take over as the National Human Rights Commission (NHRC) chief on Monday, Justice Kumar held him responsible for further eroding the faith of the people in the judiciary. “Justice Balakrishnan, in an adamant manner, not only refused to divulge information on the functioning of the Supreme Court on the administrative side, but also tried to stonewall the judicial opinion expressed by the Delhi High Court in holding it (SC) amenable to part with information under RTI,” he wrote on his blog. “This stubborn attitude greatly damaged the image of judiciary in the country, and the already eroding faith and confidence of the people in the judicial system only got further reduced in the wake of such an attitude on the part of the former CJI,” Justice Kumar wrote. The only active blogger judge in the country’s higher judiciary, Kumar, in an open letter to the country’s citizens, has also taken a dig at Supreme Court judges, saying the top court of India is one of the most powerful in the world but not necessarily correct.

The judge wanted to know if Justice Balakrishnan had the details of judges’ assets since 1997, when the judges of the top court passed a resolution to do so, and what prevented him from making these public the day after the announcement.

Delhi High Court says judges asset declaration covered under RTI

New Delhi, Sep.2 (ANI): The Delhi High Court has on Wednesday said that the Chief Justice of India is a public authority under the RTI Act, which means that asset declaration is covered by the RTI under Section 8 1 (A).

This comes after SC judges had decided tp make their assets public. The only question was whether judges would entertain questions from the public under the RTI act.

A petition was filed by the apex court in the Delhi High Court challenging the Central Information Common Order which had questioned whether the judges revealed their assets to the Chief Justice of India.

Political parties and legal experts last week had welcomed the move of the Supreme Court judges to make public the details of their assets.

Union Law and Justice Minister M. Veerappa Moily said: “If they have come forward to disclose it, it is welcome. It is for the judges to decide how it should be done because what is best in the interest of the judges, they are the best judge.”

Welcoming the move, BJP spokesperson Ravi Shankar Prasad said: “I am afraid that this decision could have been taken earlier and the unfortunate controversy over the last couple of months could have been avoided.”

Congress spokesperson Abhishek Singhvi said the judiciary has avoided “further needless controversy”, but it could have been avoided if the decision was taken earlier, he said.

“It is a question of public perception and public confidence, trust, faith and in that light it is a step in the right direction,” he said.

Describing it as a very good decision taken by judges, Former Attorney General and constitutional expert Soli Sorabjee said: “I think it is a very good development. It”s better late than never.”

“I am sure their initial reluctance not to declare assets was not because they had anything to hide. They had misgivings that it may be misused,” he added.

Senior lawyer Harish Salve said: “The whole controversy had become very unsavory with this kind of suggestions that judges have something to hide they want to be above the law. I am so happy that the Supreme Court has risen to the occasion.”

Senior advocate Prashant Bhushan said the move would also now encourage the High Courts judges to make public their assets.

“It is absolutely a welcome move and I am sure it will also encourage the judges of the High Courts to publicly declare their assets and force the government to put up assets of government servants on public website which can be accessed by the people,” Bhushan said.

Terming the decision as “excellent”, senior advocate K K Venugopal said: “I think it is the greatest step that the judiciary could take because it has cleared all the clouds which have been hanging over the issue.” (ANI)

Booze linked to sexual assault among women in college

Washington, June 28 (ANI): A new study has revealed that nearly 20 percent of undergraduate American women are sexually assaulted during their time in college and that the majority of incidents occurred while they were under the influence of alcohol.

Researchers suggest that college campuses need more integrated substance use and sexual victimization risk reduction and prevention programming.

“The findings support the need for the development and implementation of campus-based sexual assault prevention and risk reduction programming that is integrated with drug and alcohol awareness training,” said Chris Krebs, Ph.D., a senior research social scientist at RTI and the study’s lead author.

“The prevention programs should teach students how to monitor and manage their drug and alcohol use, anticipate when they or their peers may become cognitively or physically impaired, and reduce their risk of being victimized by recognizing situations and persons that could pose a danger,” he added.

The study involving 5000 undergraduate women showed that more than 11 percent of women had been sexually assaulted while they were incapacitated and unable to provide consent.

And that freshman and sophomore women were at a higher risk for sexual assault than their junior and senior counterparts.

Overall, the study showed that almost 30 percent of undergraduate women reported experiencing an attempted or completed sexual assault either before or while in college.

“Our research suggests that limiting alcohol intake and not taking drugs are important sexual assault risk reduction strategies, especially within the context of campus social situations,” said Christine Lindquist, Ph.D., a senior research sociologist at RTI and the study’s second author.

“Developing programs that teach women and men how they can protect themselves and their classmates is an important part of preventing sexual victimization,” she added.

The study is published in the Journal of American College Health. (ANI)

‘RTI on Wheels’ completes one year of successful functioning

`RTI on Wheels’, a state-of-the-art mobile van has completed one year of its successful functioning. It was launched last year by the Gujarat State Information Commission, Sardar Patel Institute of Public Administration (SPIPA) and Mahiti Adhikar Gujarat Pahel (MAGP).

`RTI on Wheels’ was specifically designed to spread awareness about the Right to Information (RTI) in far-flung areas. The van has various facilities like audio visual aids and internet for organizing video shows and discussions. It also helped people to draft applications, appeals and complaints.

RTI on wheels’ has spread among 80,000 people in 450 villages and 13 cities in last one year.

Pankti Jog, a co-ordinator with MAGP, said: “We have a team of trained volunteers who guide people on queries about RTI. Our core team of volunteers consists of people who used to come to our organisation seeking RTI to address their issues. When queries cannot be solved through phone, we hold the Saturday Legal Clinic from
4 pm to 6 pm every Saturday, where a team of resource persons attends to the queries voluntarily. The clinic has attended 312 cases till date.”

‘RTI on Wheels’ Completes One Year On March 17

‘RTI on Wheels' Completes One Year On March 17 A mobile multi-media van ‘RTI on Wheels’, which was launched to make people aware about the Right to Information (RTI) Act in remote areas, has completed a year in the state on March 17.

The Gujarat State Information Commission, Sardar Patel Institute of Public Administration (SPIPA) and Mahiti Adhikar Gujarat Pahel (MAGP) jointly launched ‘RTI on Wheels’ in 2008.

In a period of 12-months, RTI on wheels reached about 80,000 people in 450 villages and 13 cities.

The mobile van has been fitted with audio-visual equipment plus Internet service to help its skilled volunteers to help provide proper information to people, and work out their queries.

Despite video shows and debates in the field, the mobile van also acts as a mobile legal clinic in order to help people draft applications, petitions and grievances.

The mobile van has also gone outside Gujarat, and visited nearest states of Maharashtra and Rajasthan during the last year.

In Mumbai and Pune, it was invited by Public Concern or Governance Trust and Bombay Chartered Accountant’s Association.

In Rajasthan Majdoor Kissan Shakti Sangathan invited it for conducting awareness campaigns in Bhilwada, Udaipur and Alwar districts.

Central Information Commission calls for Batla House encounter documents

New Delhi, Mar 3 (ANI): The Central Information Commission (CIC) has asked the Delhi Police to submit all documents related to the September 19 Batla House encounter before it by March 5 for inspection by the bench.

A bench including Chief Election Commissioner Wajahat Habibullah and Information Commissioner Shailesh Gandhi said that it would decide if the information on the encounter could be shared with RTI applicant and lawyer Prashant Bhushan after assessing these documents.

Bhushan, who represents one of the suspected terrorist Zia Ur Rehman, son of caretaker of L-18 Batla House, has sought the documents and copies of the FIR registered by special cell officials with Jamia Nagar police station regarding the encounter, post mortem report of Inspector M C Sharma, post-mortem reports of Atif Amin and Sajid, suspected terrorists killed in that encounter, from the Delhi Police.

The Delhi police had refused to give details of the FIR on October 31 claiming that Rehman was “neither the complainant nor accused in the case at this stage and as per provisions of CrPC, a copy of FIR could only be provided to the complainant or the accused only”.

However, Additional Commissioner of Police, Satyendra Garg said there were no such limitations in presenting the FIR.

The Police had also refused to reveal post-mortem reports of Inspector M C Sharma, and alleged terror suspects Atif Amin and Sajid claiming that the investigations were pending in the case and “its disclosure to the appellant may impede the process of investigation”. (ANI)

HC defers hearing on plea on declaration of judges’ assets

New Delhi, Feb 27 (ANI): The Delhi High Court on Friday deferred hearing on a petition filed by the Supreme Court challenging a Central Information Commission (CIC) order directing that assets of the judges should be made public.

Justice S. Ravinder Bhat adjourned the matter and posted it for further hearing on March 17.

The Supreme Court in its affidavit had said declaration of assets by its judges to the Chief Justice is “personal” information, which cannot be revealed under the Right to Information Act.

In its affidavit the apex court made it clear that its judges are not opposed to declaring their assets but there is no legal obligation to do so.

The seven-page affidavit was filed in response to a reply of an RTI applicant who pleaded that all information given to CJI comes within public domain and that he cannot be denied such information.

The apex court had said the judges are not averse to declaring their assets but there should be a proper law with proper safeguard to prevent misuse of such information.

The Court had on January 19 stayed the order of the CIC that the office of Chief Justice of India comes within the ambit of the RTI Act and information given to CJI has to be revealed to the RTI applicant. (ANI)

HC defers hearing on plea on declaration of judges’ assets

New Delhi, Feb 27 (ANI): The Delhi High Court on Friday deferred hearing on a petition filed by the Supreme Court challenging a Central Information Commission (CIC) order directing that assets of the judges should be made public.

Justice S. Ravinder Bhat adjourned the matter and posted it for further hearing on March 17.

The Supreme Court in its affidavit had said declaration of assets by its judges to the Chief Justice is “personal” information, which cannot be revealed under the Right to Information Act.

In its affidavit the apex court made it clear that its judges are not opposed to declaring their assets but there is no legal obligation to do so.

The seven-page affidavit was filed in response to a reply of an RTI applicant who pleaded that all information given to CJI comes within public domain and that he cannot be denied such information.

The apex court had said the judges are not averse to declaring their assets but there should be a proper law with proper safeguard to prevent misuse of such information.

The Court had on January 19 stayed the order of the CIC that the office of Chief Justice of India comes within the ambit of the RTI Act and information given to CJI has to be revealed to the RTI applicant. (ANI)

Central Information Commission and Chief Justice of India disagree

New Delhi, Jan 17(ANI): The Chief Justice of India K. G. Balakrishnan, is in disagreement with the Central Information Commission’s (CIC) order on making assets of its judges available to the public and is not relenting on his stand that judges are not bound to disclose their wealth.

He is taking the stand that even when the judges submit their declarations to the Chief Justice about their wealth, they do so on the basis of confidence and the submissions were not public documents.

The CIC had on January 6 had directed the central PIO of the SC to furnish information as to whether any declaration of assets had been filed by SC judges or not.

Justice Balakrishnan has pointed out that Supreme Court does come under the purview of the RTI Act and for this purpose an information officer has been appointed. But the information submitted to the Chief Justice by the judges on the basis of confidence were not public documents, and the Act does not bind him to disclose the information with him.

Under the Indian Constitution the Supreme Court has the final say on the interpretation of any law. (ANI)