Today, the first step in a series of litigation in d next few weeks. I've sent a legal representation to MoHFW, MHA, Dr. VK Paul (NITI Aayog), & DPIIT seeking their action on suo-motu disclosure of records relatin to Empowered Groups & Committees for Covid-19 management. Thread🧵
1. RTI Act requires all public authorities to "suo-motu" disclose information, & especially disclose *reasons* for its administrative or quasi-judicial decisions to affected persons.
2. No doubt, serious curbs on people's fundamental rights were placed since the pandemic.
3. It is my argument that such disclosure of "reasoning" for decisions taken, undisputedly requires the public to have access to the records of the workings of Empowered Groups and Committees, like NEGVAC (currently a top-secret bcoz "national security").
4. One of the main demands in this representation is for disclosure of scientific evidence based on which a range of decisions, including vaccine approvals, were provided. But most of these records are currently in a "sealed cover" bcoz they may harm "national interests".
5. In the Pegasus order, the SC held-
However, this does not mean that the State gets a free pass every time the spectre of ‘national security’ is raised, & expect d judiciary to remain a mute spectator. The claim has to be backed by evidence.
6. Till date, in several of my cases before the Central Information Commission, Centre has written not one line "justifying" national interest concerns, forget "provide evidence" for keeping info top secret. Yet, CIC gives them a free pass. We know why.
Over to the Courts now.
7. It's an uphill task, no doubt. But d govt has been gettin away from disclosing any info relatin to any public interest matters for a while now. However, dis does not give *us* a free pass to let it be. Sometimes, it is a battle of principles. Many of us r tryin in our own way.
Grateful to Mr. Aditya Prasad & Dhriti Chhabra who provided legal advice & helped me draft the representation. Thank you to the @thakurfdn for supporting my work attempting to bring transparency to public health institutions.
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#BREAKING: Almost 2 years since the 2019 Pegasus hacking scandal, IT Ministry which was tasked to “look into” the entire issue is itself unaware of the final outcome in its *own inquiry*.
The now sacked IT Minister @rsprasad said in Parliament that his Ministry is “looking into” the issue and that it is a matter of concern.
This was raised recently in SC hearings by @KapilSibal
RTIs reveal that towards the end, this inquiry into the whole scandal vanished.
2/7
Ministry officials are clueless about the final outcome in the matter.
RTI further reveals-
The “Notice” issued to WhatsApp was more of a routine email- mere 2 lines saying “we are keen to have your response” (I can draft a better “notice”).
3/7
Central Information Commission in my case has directed the Centre’s Empowered Group Sub-Committee on Oxygen to reveal records of its discussions and all other records relating to medical oxygen management within 10 days.
This order has more implications👇🏻
1/n
Centre has been denying information on its COVID preparation, policy, material based on which decisions are taken etc. due to “national interests”.
As a result, public scrutiny is obstructed. All records of empowered groups were being kept secret. Until now.
2/n
The Order notes- “the information sought being denied in a blanket manner was not at all justified”.
Blanket denial of info is something MoHFW is also doing.
This as a result would impact other cases like disclosure of records of NEGVAC- the top national COVID task force.
3/n
24 districts in Uttar Pradesh, registered 1,97,000 excess deaths than normal bw July 2020-March 2021. UP Govt’s official COVID death toll though, was 43 times less than excess deaths- only 4537 by 31 March.
In Amethi, 13,000 more people had died than normal- a 1700% increase, official death toll was a mere 39, or 335 times less.
Lucknow- over 30,200 excess deaths, 524% more than 2019-20 and 25 times more than the official death toll of 1,211.
2/4
Remember Ghazipur? Where during second wave, numerous dead bodies were found floating in its Ganga river?
This district near PM Modi's Varanasi saw 18,000 excess deaths after 1st wave, but official death toll reported by Yogi Adityanath's govt was a mere 92- 197 times less
2 senior Legal advisers, sensing the large scope of misuse of new IT Rules, cautioned the govt to "act fairly", "ensure rule of law" to "avoid embarrassment in future".
Concern- New Rules have a serious impact on Freedom of Speech.
Legal Advisers of Law Ministry advised Modi govt to seek parliamentary approval before notifying the #ITRules2021 to justify its legality. A Joint Secretary wrote a long list of objections, including that the rules suffer “from the vice of excessive delegation”,
But...
2/4
But everything was overruled by Law Secretary Anoop Mendiratta, without noting any reasons, except saying "it appears to be within the scope of IT Act".
Later, the same officers who objected, approved the Rules, in "greater public interest", without giving any reasons.
3/4
For months the Centre has rejected to reply to imp RTI queries like EVERYTHING related to d powerful COVID-19 Expert Committee, Vaccines, & more. Documenting it in this thread.
A cut-copy-paste reply to all- "threat to strategic, scientific, economic interests"
1/8
In this reply, @MoHFW_INDIA refuses to reveal any minutes, any agendas, even members of the Committee until recently, any file noting, what work it is undertaking, etc. The same cut, copy, paste answer
D Committee is steering the country's fight against COVID, & vaccination
2/8
On how the vaccines were cleared, based on what data it was cleared, minutes of the Expert committee meetings, and also on what basis @DGCAIndia claimed "110% safe vaccines", the CDSCO under MoHFW too, rejected the RTIs. @drharshvardhan@MoHFW_INDIA 3/8