Intelligence scam now stands exposed

India's biggest intelligence scam now stands exposed. This time causing not just loss to the exchequer but also compromising on the national security. The Govt confessing to the multi crore racket in the National Technical Research Organisation (NTRO), India's premier intelligence gathering agency

SEBI directs BSE to allow inspection of files under RTI; stock exchange disregards directive a second time

Yogesh Mehta, a former member broker, has for over three years been demanding information with respect to market making by the BSE. He says this resulted in a cost of nearly Rs90 crore and benefitted just a handful. The stock exchange will not cooperate, saying that it is not a public body and that the information is confidential
Both the National Stock Exchange (NSE) and he Bombay Stock Exchange (BSE) have been adamant about their stance on the Right to Information Act and have resisted the attempts by activists to get information. However, in a recent case, the public information officer at the Securities and Exchange Board of India (SEBI) has directed the BSE to allow an RTI applicant to inspect files. Even as the BSE continues to try its best to obstruct the move, activists believe this is a good start.

The appellate authority at SEBI has issued the same directive twice, in favour of the applicant seeking documents relevant to the BSE's market-making activities. But the BSE denies being a 'public authority' subject to the RTI and refuses to see any public interest in the matter.

Describing the documents sought as 'confidential', the BSE replied to one of SEBI's letters saying, "The BSE has consistently been of the view that it is not a public authority. Disclosure of such information shall cause serious harm, injury and prejudice to the interest of BSE, which does not outweigh any public interests in any matter."

SEBI had slapped BSE with a show-cause notice in November 2009, for engaging in market making without acquiring approvals from the regulator. Market making is artificially creating volumes in the derivatives segment, which infuses liquidity. Market makers quote both 'buy' and 'sell' for a financial instrument or commodity, hoping to make a profit on the trade.

Yogesh Mehta, a former member broker of the BSE, had filed a complaint against the BSE over market making in 2008. According to Mr Mehta, the BSE's stint with market making cost the bourse Rs85crore-Rs90 crore, and he alleged that only a handful of persons profited from the process.

After SEBI hauled the BSE, Mr Mehta filed an RTI application with the market regulator in January 2011, seeking documents relevant to this matter. SEBI directed the BSE to provide the documents, but the BSE refused to see any 'public interest' in this matter and refused to comply with the order.

The BSE said it was not a 'public authority' and went on to outline the duty of the principal information officer (PIO) of SEBI, saying, "The PIO of SEBI is required to grant information which is available to him. Procuring the information sought by the applicant and then making it available is not envisaged under the RTI Act."

Unconvinced with the BSE's reply, Mr Mehta appealed to SEBI again. In an order dated 1 March 2011, Prashant Saran, in the chair of the appellate authority, directed the BSE to allow the appellant to inspect the files. "If an applicant keeps demanding inspection of documents, it is better for the respondent to allow inspection… to avoid appeals alleging that not everything was disclosed," he said.

A sulking BSE then allowed the inspection, but it refused to disclose information related to the third party, that is the BSE in this matter between Mr Mehta and SEBI. Mr Mehta wrote to SEBI alleging that the BSE was uncooperative and that he was being provided information in a piecemeal fashion.

The BSE then filed an appeal with the Central Information Commission (CIC), challenging the order passed by Mr Saran, and thus, Mr Mehta's request for inspection of all files was dismissed.

Mr Mehta again wrote to SEBI, citing several court rulings in disparate cases, which said that mere filing of appeal does not amount to a 'stay', without a formal prohibitory order, requesting for spot inspection of files.

Though the appellate authority observed that the precedents cited by Mr Mehta did not apply to the present case, it directed the BSE again 'to provide whatever information had already been offered, as well as any other information… other than the third party information under consideration of the honourable CIC… free of cost within 15 working days." This order was issued on 30th June.

But BSE is taking its time and has not reverted to Mr Mehta on this. "They have not said anything about granting inspection, though much time has passed," Mr Mehta said. "I will wait for a few more days, and then I will go for a second appeal in Delhi."

Clearly, the fight isn't over yet. But SEBI directive in favour of the applicant has opened up a new field, which gives the RTI activists a reason to hope.

RTI launches own smartphone app

To help make the Right to Information (RTI) act even more accessible to citizens, RTI India has now launched a mobile application for Android phones. Available to download for free from the site www.rtiindia.org, the application works as a cross between a social networking site and a RTI encyclopedic help book.
“It basically allows members of the website to access all the information, forums and questions on their mobile phones,” says CJ Karira, who moderates the online portal www.rtiindia.org, which in a matter of four-odd years, has gathered over 2.25 lakh members and growing.
The Android mobile application will allow users to send and receive personal messages and post questions about the RTI act on various forums, apart from other services. For those interested in exercising their rights, for those interested in exercising their rights, it will also catalogue all the information regarding the state and central government rules.
Android, an open source software (does not dictate ownership terms, allows anyone to develop software further), was the first to get the application, as it was free and easy. But soon, RTI applications for iPhones, iPads, iPods, Windows 6.1 and Windows 6.5 will also be available to download online.
“The younger generation needs newer ways to access concepts,” says Karira, adding that enquiries on the mobile and online portal can be streamlined by picking one of the two main sections — RTI queries and RTI questions. “For instance, if someone wants to know what the correct format of filing an RTI letter is and in a manner that will not get rejected by the PRO, they can be guided on how to get a speedy response in the RTI question section.”
As of now, only a handful of people have downloaded the application, but Karira believes the number will grow when they begin catering to all the other softwares as well. However, Nokia and Blackberry phones will not fall in that category. “With all the applications out, we hope to cover at least 75 per cent of the market,” he says.
Right to Information Act 2005 mandates timely response to citizen requests for government information. The RTI portal is meant for quick search of information on the details of the first appellate authorities and PIOs amongst others, besides access to RTI related information or disclosures published on the web by various public authorities under the government of India and state governments.

Consultation held on digital publication under RTI Act

A recent consultation on digital publication under the RTI Act made out a case for every public authority to put up information that “most concerns common citizens” on their websites.

The consultation was held here as part of efforts to put into operation Section 4 of the RTI Act, which calls forsuo motu disclosure of powers and duties of officials and employees as well as the procedures followed in the decision-making process.

The information should be presented in a form that the layman can understand, said a statement from IT for Change, an NGO that organised the consultation.

The consultation was held to frame ‘Guidelines for digital publication under the RTI Act supporting proactive disclosure of information”.

Apart from 16 Bangalore-based NGOs, the meeting was attended by Karnataka State Information Commissioner J.S. Virupakshaiah.

The outcome of the consultation will be discussed at the national-level workshop organised by the Government of India's Department of Personnel and Training from July 7 to 9 in New Delhi.

“Proactive disclosure has been called the future of the RTI and digital publication is a key means of proactive disclosure. Effective implementation of Section 4 of the Act can transform the leverage citizens have over public authorities in order to ensure accountability,” the statement said.

Regularly publishing the most frequently sought information would also mitigate the huge burden that was placed on public authorities to respond separately to the large number of specific queries.

It was also considered necessary that senior officials and not just the Public Information Officer be held responsible for the non-compliance of proactive disclosure requirements. Each department should therefore frame an information policy, the statement said.

http://www.thehindu.com/todays-paper/tp-national/tp-karnataka/article2157140.ece 

Any organisation or individual who would like to provide inputs to the process can email itfc@itforchange.net

Best wishes,
Deepika
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Deepika Khatri
Research Associate
IT for Change
Bridging Development Realities and Technological Possibilities
(In Special Consultative Status with the United Nations Economic and Social Council)
www.ITforChange.net
Tel:+91-80-2665 4134, 2653 6890
Fax:+91-80-4146 1055