Central Information Commission
Mr.Subhash Chandra Agrawal vs Mcd, Gnct Delhi on 23 September, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000303/14817
Complaint No. CIC/SG/C/2011/000303
Relevant Facts emerging from the Complaint:
Complainant : Mr. Subhash Chandra Agrawal
1775 Kucha Lattushah,
Dariba, Chandni Chowk,
Delhi-110006.
Respondent : Mr. V. P. Gupta
PIO & President Arya Samaj (Lodhi Road), Jor Bagh, New Delhi-110003.
RTI application filed on : 26/02/2011
PIO replied : No Mentioned.
Complaint received on : 05/04/2011
Complaint notice sent on : 28/04/2011
Information Sought
1. Is it true that new numbering has been done to add little space as pyres around two Arya Samajist pyres on platform with the said Arya-Samajist pyres at Nigambodh Ghat cremation-ground in Delhi after petition no. CIC/SG/C/2010/001167 when the so-termed 'semi-VIP' status of three pyres was abolished by removing the grill around a pyre-platform after stringent CIC-strictures?
2. If yes, no. of pyres on open space on the platform as in query (1) above, added as pyres mentioning also pyre nos. of newly added space as pyres.
3. Copies of file-notings/correspondence/documents etc. on adding open space as pyres as in query (1) above, especially when usually sufficient no. of already existed pyres used to be available for cremation.
4. Name of authority ordering little space as pyres around two Arya-Samajist pyres on platform with the said Arya-Samajist pyres at Nigambodh Ghat cremation ground.
5. Are authorities aware of serious problems created/likely to be created in case some dead bodies are brought to be cremated in Arya-Samajist with burning pyres in little space around Arya-Samajist pyres after this little space numbered new as pyres?
6. Steps taken to revert back to earlier system by not misusing little space around Arya-Samajist pyres as pyres.
7. Is it true that cremation on the open space now added as pyres as in query (1) above, is allowed only through approaches/influences/special requests etc.
8. If yes, persons/bodies/institutions etc. entitled to recommend cremation on newly designated pyres in little open space around Arya-Samajist pyres?
9. Is it true that allowing cremation on little open space around Arya-Samajist pyres now designated as pyres is a sort of replacement of 'semi-VIP' cremation removed as outcome of petition no. CIC/SG/C/2010/001167?
10. Criterion followed in allotting newly designated pyres as in query (1) above for cremation.
Page 1 of 311. Criterion followed in allotting the only raised VIP platform at Nigambodh Ghat cremation ground for cremation.
12. Is it true that money is charged in the name of flower-decoration around pyres now designated new as in query (1) above?
13. If yes, amount charged in the name of flower-decoration for allowing cremation on little open space around Arya-Samajist pyres noe designated as pyres in the name of lower-decoration, a bitter fact which practically exists.
14. Total number of pyres available at Nigambodh Ghat cremation ground exceeded number of pyres there.
15. Occasions, if any, in last one year when number of cremations at Nigambodh Ghat cremation ground exceeded no. of pyres there.
16. Action taken on my Grievance no. PRSEC/E/2011/03014 (copy enclosed) registered at website of President of India.
17. Criterion followed in allotting pyre no. for cremation.
18. Are pyre nos. allotted in serial of availability?
19. Is any record of allotting pyre nos. maintained?
20. If yes, please provide details.
21. Any other related information.
22. File notings on movement of this RTI petition.
Reply from PIO:-
No reply.
Ground of the Complaint:
The required information has not been provided by the PIO to the Complainant within 30 days.
Relevant Facts Emerging during Hearing:
The following were present:
Complainant: Mr. Subhash Chandra Agrawal;
Respondent: Mr. Avdesh Sharma, Incharge on behalf of Mr. V. P. Gupta, PIO & President;
The PIO has stated that the RTI application had not reached him. However he has stated as follows in his written submission:
"Arya Samaj Lodhi Road was entrusted to manage Delhi's most popular cremation-ground Nigambodh Ghar in the year 2003b on basis of our management of cremation ground at Lodhi Road which were are still continiing to manage even now fro last about 35 years.
But because of unbearable circumstances including undesired pressures from time to time, and threat to life of our staff working at Nigambodh Ghat cremating ground from some ones which we cannot practically name, we hae no other option than to intimately surrender the management of Municipal Corporation of Delhi (MCD) within few days from now. We may emphasize that ours was a totally devoted mission appreciated by all concerned including by all MCD. Rather we had to add from our other funds to manage the cremation-ground as donations collected from Nigambodh Ghat were not at all sufficient to carry our the management.
New numbering of pyres as referred in the query(1) of RTI petition dated 26.02.2011 now under consideration, was admittedly wrongly done under the pressure as referred above. However, new numbering has since been removed for which photographs are submitted as proof. We assure that Arya Samaj Lodhi Road will not allow cremation other than in two arya-samajist Hawan-Kunds made by DDA on the platform from which objection is raised in the said RTI petition. We also assure our commitment against semi-VIP culture or cremation in any form."Page 2 of 3
The Complainant states, "It has become a usual practice to meant money by developing and encouraging semi-VIP culture of cremation at Nigambodh Ghat Cremation Ground. Earlier also, when the matter reached before CIC they removed grill around a platform which was known as semi-VIP platform, now again there is a similar case of allowing the sort of semi-VIP cremation which again the public authority is now promising to remove and give a commitment for not repeating the same in future."
The Commission notes that information now appears to have been provided to the Complainant but is distressed that it requires a vigilant citizen's constant attention to ensure that corrupt practices are not allowed to continue even in the cremation ground. The Complainant has been pursuing this matter since about three years and some of the malpractices appeared to have stopped. He has discovered they have again started. The Commission hopes that the MCD authorities and Police Authorities will take cognizance of the statement made by the President of Arya Samaj Lodhi Road that there are "undesired pressures time to time and threat to life of staffs". If there is to be the rule of law in the capital of this country, MCD and Police Officials should ensure that people should not feel endangered in carrying out their normal duties, and do not have to give into corrupt practices.
Decision:
The Appeal is disposed.
The information appears to have been provided.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner
23 September 2011 (In any correspondence on this decision mention the complete decision number) (NB) Copies to:
1- The Municipal Commissioner
Municipal Corporation of Delhi
04th Floor, Dr. SPM Civic Center,
New Delhi
2- Police Commissioner
Delhi Police Department
MS Building, IP Estate,
New Delhi - 110002
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