What is the duty of President of India and the P M of India towards a common citizen ?????
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FIRST APPEAL UNDER RIGHT TO INFORMATION ACT, 2005
The First Appellate Authority
The office of President of India
Subject:- First appeal under RTI Act, 2005.
Sir, in my RTI application, I had asked 7 questions from the PIO of the office of President of India in regard to the duties of President of India in the matters of protection of fundamental rights and other legal rights of a common citizen of India, but it is very unfortunate and disappointing that the PIO clearly skipped all the questions and didn’t answered even a single question.
Sir, as a citizen of this great country I have the right to know the duties and liabilities of the Hon’ble President of my country towards protection of my fundamental rights and other legal rights, which has been totally skipped by the PIO. So I am filing an appeal before you requesting you to provide me the answers of my all 7 questions asked in my RTI application Dated-03.08.2017.
NOTE:- The text of my RTI application is given below---------
APPLICATION UNDER RIGHT TO INFORMATION ACT, 2005
The Public Information Officer (PIO)
Rastrapati Bhawan, New Delhi
SUBJECT:- UNDER THE PROVISIONS OF RIGHT TO INFORMATION ACT, 2005, SEEKING THE STATUS OF MY 17 LETTERS TO HON’BLE PRESIDENT OF INDIA AND THE LEGAL AS WELL AS CONSTITUTIONAL POSITION OF PRESIDENT OF INDIA IN TAKING REMEDIAL ACTION ON MY COMPLAINTS.
Sir, from 06.01.2016 to 30.06.2017 I have written 17 letters to President of India seeking help, protection and justice for me as I am being regularly harassed by the senior officials of govt. of Bihar. With my very first letter to President of India Dated-06.01.2016, I had sent to the Hon’ble President of India, the copy of my eight page letter to the chief secretary of Bihar Dated-06.07.2015 in which I had mentioned the facts of the case in complete detail which are self explanatory.
Sir, unfortunately even after my 17 letters to Hon’ble President of India in this period of 19 months, the action from the side of Hon’ble President of India is just forwarding of my letters to the chief secretary of Bihar with a copy of the forwarding letter to me. In my last few letters I have specifically mentioned that,-“Please don’t forward and forget” but still no action has been taken by the Hon’ble President of India except forwarding my letters to the chief secretary of Bihar in a very casual manner.
In the mean time my 70 years old aunt was murdered on 20.01.2017 and the SP Buxar and the SDPO Dumraon tried their best to protect the murderers under some considerations and also under the influence of some powerful persons. Most of the murderers were declared innocent by the SDPO in his report and the rest of the murderers were roaming freely till June when three of them surrendered in July 2017, almost three months after the Hon’ble High Court rejected the anticipatory bail of one Kamleshwar Singh. Three of the murderers were granted anticipatory bail by the Hon’ble High Court on 16.05.2017 due to laxity of the police. I complained to the DGP of Bihar about the illegal acts of SP Buxar due to which he is annoyed with me.
In this case the police acted against the law and created several hurdles in the process of administration of justice. The post mortem report was also manipulated and when I contacted the SP Buxar over his phone number-09431822981 from my number-09958810937 in this regard, then instead of looking into the matter he threatened me and forcibly made us to do the last rites of my aunt.
From the above mentioned facts and circumstances, one can understand the seriousness of the issue and my vulnerability at the hands of senior officers of Bihar govt. At present the new excise act is being frequently abused to implicate the opponents and the dissenting voices. Due to these reasons only I am not going to my village in Buxar district of Bihar even for very urgent works about which I have mentioned in my several letters to you.
Sir, I am a citizen of this India and not a citizen of any state and so in case of violation of my fundamental rights or even legal rights, it is my right to approach Hon’ble Prime Minister of India and Hon’ble President of India. Constitutionally both the Prime Minister of India and the President of India are empowered enough to help me and to do justice with me, even though my fundamental rights are being violated by the highest ranking officials of the state govt.
I am mentioning the dates of my letters to you in chronological order as given below,-
6) Dated- 24.04.2017
7) Dated- 30.03.2017
8) Dated- 27.02.2017
9) Dated- 15.02.2017
10) Dated- 21.10.2016
11) Dated- 05.09.2016
12) Dated- 01.08.2016
13) Dated- 20.06.2016
15) Dated- 30.03.2016
16) Dated- 19.02.2016
17) Dated- 06.01.2016 and
Sir, In-spite of my 17 letters to Hon’ble President of India, seeking help, protection and justice, Hon’ble President use to forward my letters to the chief secretary of Bihar and forget about it every time in last 19 months.
So in the light of the above mentioned facts and circumstances, I want to know the answer of the questions given below. Please reply my questions under the provisions of Right to Information Act, 2005-
1) What are the duties of President of India, if a citizen from any state approaches him for help, protection and justice, under the conditions that high ranking officials of state government are violating his/her fundamental rights and legal rights ?
2) Even after giving regular information to the Hon’ble President of India for the last 19 months about the threat perception to me, if I am attacked by someone, who will be responsible for that?
3) Is it justified and constitutional for the Hon’ble President of India to just forward my complaints to the authorities who are continuously harassing me and violating my rights, and forget about it?
4) In case of violation of fundamental rights of a citizen, residing in any part of the India, can that citizen approach the President of India for protection of his/her fundamental rights ?
5) Does the President of India feel, on the basis of the facts and the circumstances mentioned in my letters to President of India in last 19 months, including the facts mentioned in this letter that my fundamental rights are being violated by the authorities of govt. of Bihar ?
6) Is President of India empowered under Article-256 of Constitution of India to protect my fundamental rights, which is being violated by the authorities govt. of Bihar ?
7) Do the provisions of Constitution of India, preventing the President of India in protecting my fundamental rights as well as my legal rights under the facts and circumstances mentioned in my 17 letters to President of India in last 19 months as well as the facts mentioned in this letter ?
NOTE:- Please refer the copy my letter Ddated-06.07.2015 to the chief secretary of Bihar, a copy of which I had sent to the Hon’ble President with my very first letter Dated-06.01.2016 in addition to my 17 letters to the Hon’ble President between 06.01.2016 to 30.06.2017.
Rakesh Kumar (BRDS)
Ex. BDO; Jagdishpur; Bhojpur; Bihar
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