Lifetime RTI ban imposed on whistleblower from Amreli

Lifetime RTI ban imposed on whistleblower from Amreli

‘Cantankerous Approach’ Cited To Negate Right

Ashish.Chauhan@timesgroup.com

Ahmedabad:30.01.2021

The Gujarat information commissioner delivered a serious blow to the Right to Information Act by imposing a lifetime ban on an Amreli man, who has exposed several scams in GSRTC through his applications. In what is probably the first-of-its-kind verdict in the country, the commissioner cited the applicant’s ‘cantankerous approach’ as a reason for taking away his right to know about government affairs -- a fundamental right guaranteed to him under Article 19 of the Constitution.

The commissioner also stated that applicant Manoj Sarpadadia had ‘tried to harass the authorities’.

Sarpadadia, a 46-year-old from Savarkundla, is a bus conductor with Gujarat State Road Transport Corporation (GSRTC). He had been suspended in March 2017 after he allegedly siphoned off money by not issuing tickets to passengers.

He has so far filed 170 RTI applications from 2017 to 2020 regarding alleged irregularities in GSRTC as well as departmental action taken against corrupt employees.

Sarpadadia had on September 12, 2019 filed an RTI plea seeking minutes of GSRTC’s vigilance meeting held in connection with an irregularity practised by an employee.

However, Gujarat information commissioner Ramesh Karia observed that Sarpadadia’s act of filing RTI creates nuisance and disturbance for the state authorities and he has been filing the pleas to take vengeance.

"Commission feels that applicant has a cantankerous approach and he is an applicant who creates constant nuisance and disturbance for the state authorities. This has been reflected in the long lists of his RTI applications where it seems that an employee has been trying to make mockery of his institution by seeking irrelevant information under RTI just because he is aggrieved and wants to take revenge," states an order issued by Karia on December 12, 2020, a copy of which was obtained by Sarpadadia on Monday.

The order also mentions that Sarpadadia has been making mockery of RTI Act. "Sarpadadia has not sought any information which seems relevant with the motto of the act as mentioned in its preamble. The preamble of the Act puts stress on fixing accountability of government officers but this applicant has been acting in such a way that he seems to be putting pressure of government employees," it adds.

Sarpadadia told TOI, “I was suspended wrongfully because I had raised objections against corruption in the ST. However, this gave me time to file RTIs and expose corruption in GSRTC, but they have taken away that right, too.”

‘Shocking’ rulings cost judge her confirmation

‘Shocking’ rulings cost judge her confirmation

Dhananjay.Mahapatra@timesgroup.com

New Delhi:30.01.2021

Back-to-back controversial decisions relating to child sexual offences forced the Supreme Court collegium to take the unprecedented step of withdrawing its recommendation to the Centre to make the author of the judgments, Justice Pushpa Ganediwala, an additional judge in Bombay HC, a permanent judge of the HC.

She stunned many with her January 19 judgment acquitting a man charged under the Protection of Children from Sexual Offences Act on the ground that pressing the breasts of a 12-year-old girl without removing her top did not entail skin-to-skin contact and, hence, was not an offence under the Act. A day later, the collegium headed by CJI S A Bobde, disregarding serious objections from two senior SC judges, “approved the proposal for appointment of Ganediwala” and it was sent to the law ministry.

SC sitting on 23 judge names for mths: Govt

The Centre on Friday said the SC would do well to expedite a decision on 23 names for judges proposed by HCs. The names have been pending consideration of the SC collegium for nine months to 33 months. P 15

‘Judge needs to be sensitised about Pocso’

As public criticism mounted against the specious “skin-to-skin contact” logic that reflected the judge’s insensitivity towards minor girls subjected to sexual harassment or assault, senior judges of the SC, Justices A M Khanwilkar and D Y Chandrachud, both hailing from Bombay HC, reiterated their strong reservations against making Justice Ganediwala a permanent judge of the HC in closed door conversations. Both had reservations even against her initial appointment as an additional judge in Bombay HC in February 2019.

Justices Khanwilkar and Chandrachud, who are not members of the three-member collegium that decides appointments, confirmations and transfers of HC judges, convinced one of the members of collegium to withdraw his consent to the resolution approving appointment of Justice Ganediwala as a permanent judge.

When the CJI was deliberating on the embarrassing move of recalling the proposal that had already been sent to the Union government, Justice Ganediwala made his task easier by giving a second controversial judgment on January 28, by which she acquitted a 50-year-old man by ruling that holding the hand of a five-year-old girl and unzipping his pants in front of her could not be categorised as a sexual offence under POCSO Act. The SC judges are of the opinion that she needs to be sensitised about the aim and object behind enactment of POCSO Act.

Punishing teens in love not aim of Pocso: Court

Punishing teens in love not aim of Pocso: Court

Chennai:30.01.2021

Punishing an adolescent boy who enters into a relationship with a minor girl by treating him as an offender was never the objective of the Protection of Children from Sexual Offences (Pocso) Act, observed the Madras HC. It also recommended to the legislature to swiftly bring necessary amendments to the act, reports Srikkanth D.

The court made the observations while quashing criminal proceedings pending before a magistrate court against an auto driver who was booked under Pocso for marrying a minor. The case was filed in 2018, when both the boy and the girl were a few days short of 18.

‘Pocso law can become tool in hands of certain sections of the society’

The girl’s family moved the HC to quash the criminal proceedings, saying the family wanted to get the girl married and that the criminal proceedings caused them mental agony. On her part, the girl also deposed before the court through video-conferencing and said she was in a relationship with the boy.

The prosecution argued that the court has to consider whether an offence of this nature could be quashed on the ground of compromise between the parties.

Justice N Anand Venkatesh, after perusing the submissions, noted that there can be no second thought as to the seriousness of offences under the Pocso Act and the object it seeks to achieve. “However, it is imperative for the court to draw a thin line that demarcates the nature of acts that should not be made to fall within the scope of the act, for such is the severity of sentences provided under the act, if acted upon hastily, it could lead to irreparable damage to the livelihood of youth whose actions would have only been innocuous.” The judge said the law meant to protect and render justice to victims of child abuse can become a tool in the hands of certain sections of the society.

The court also pointed out that it is crucial to be aware of the science and psychology of adolescence and young adulthood and cited various studies and to the definition by the UN, which categorises adolescence as 10-19 years of age and young people as 10-24 years in the Southeast Asia region.

HC closes plea after woman refuses to go with husband

HC closes plea after woman refuses to go with husband

TIMES NEWS NETWORK

Madurai:30.01.2021

The Madras high court on Friday closed a plea moved by a Singaporean cricketer seeking to rescue his wife from alleged illegal detention by her parents, after she informed the court that she was not willing to go with her husband. The court was hearing the habeas corpus petition filed by Surendran Chandramohan, a native of Thanjavur district, who is a member of the Singapore cricket team. The petitioner stated that he and Sneka from Thanjavur were in love with each other since 2018. Since they belonged to different communities, Sneka’s parents opposed their relationship due to which they got married in December last year.

AIADMK sacks cadre over Sasikala poster

AIADMK sacks cadre over Sasikala poster

Trichy:30.01.2021

The ruling AIADMK on Friday expelled Puliyur R Annadurai, a party functionary in Trichy, from its primary membership for acting against its principles.

In a joint statement, AIADMK coordinator and deputy chief minister O Panneerselvam and joint coordinator and chief minister Edappadi K Palaniswami stated that Annadurai, the party’s district representative of Andhanallur south union in Trichy, has been removed from the primary membership of the party for his action which was contradictory to the goals and principles of the party and for bringing disrepute to the party. They asked the party cadre not to have any truck with Annadurai henceforth. The action comes a couple of days after Annadurai put up posters in Trichy welcoming the release of V K Sasikala from Bengaluru prison after completing her jail term in connection with a disproportionate assets case.

The posters put up by Annadurai termed Sasikala as the general secretary of the AIADMK. He also stated that Sasikala had lived a life of penance for 33 years with former chief minister J Jayalalithaa. He was the second party functionary to be ousted for putting up posters welcoming Sasikala. On January 27, Subramaniya Raja, who was Tirunelveli district deputy general secretary of the MGR Makkal Mandram, was sacked over the same issue. TNN

3 monkeys which bit 20 people caught, rehabilitated

3 monkeys which bit 20 people caught, rehabilitated

Oppili.P@timesgroup.com

Chennai:30.01.2021

Three rogue monkeys which attacked more than 20 people in Kolambakkam in Chengalpet were captured and rehabilitated by wildlife (headquarters) officials on Thursday.

According to range officer Edison, after Kancheepuram forest officials said they did not have trained monkey catchers villagers approached Vandalur zoo authorities who in turn gave them the contact number of headquarters range office at Velacherry.

A team of experts of monkey catchers took four hours to trap the monkeys and later released them in a reserved forest, Edison said. Sources said when the monkeys were young they were captured by Narikoravas who tried to train them. However, when they failed, they (Narikoravas) released them near the village.

TRAPPED: The three simian

Speed of many trains up, travel time to TN cities comes down

Speed of many trains up, travel time to TN cities comes down

TIMES NEWS NETWORK

Chennai:30.01.2021

The train travel time to many cities from Chennai has come down as railways have equipped a few stretches to operate trains at speeds ranging between 120kmph and 130kmph.

As trains from Chennai run at high speed at some of the stretches, instead of a standard speed of 70-100kmph, they reach earlier than usual and railways has revised timings to accommodate the change in speed. Trains from Chennai to Kollam via Sengottai, Mangalore and Ahmedabad and from Nagercoil to Mumbai reach faster as they run at above 120kmph on some of the stretches of the route. There is a difference of 10minutes to 15minutes on some of the routes. Trains from Chennai that run along Renigunta-Wadi stretch and Gudur-Visakhapatnam stretch too get speeded up.

A Southern Railway official said this was the first step to ensure that trains could be operated at better speed uniformly at longer stretches. Railway divisions across the country are in the process of making their tracks ready to handle trains at good speeds. Stretches in Palakkad and Madurai have been done. Other zones have done in their respective divisions.

"A combination of speeding up at certain stretches, elimination of non-popular stoppages and others help in speeding up trains. This also helps in clearing path for smooth running of freight trains and make time available for maintenance of tracks without cancelling or rescheduling trains," he added.

A speed trial was done on Kanchipuram-Arakkonam line two days ago. As the entire length of a line cannot be readied for trains to run at 130kmph due to level crossings and speed restrictions, stretches that are feasible are being readied.