Jump to content
News Ticker
  • NPAs under PM Modi's Mudra scheme jumped 126% in FY19
  • shows RTI
  • RTI query reveals banking frauds of ₹ 2.05 Trillion reported in the last 11 years
  • 509 per cent rise in cases under child labour law: Study
  • The Central Information Commission has allowed disclosure of file notings on the mercy petition of a rape and murder convict, rejecting the government's contention that the records cannot be disclosed as these are privileged documents under Article 74(2) of the Constitution.
  • Electoral bonds worth over ₹5,800 crore were bought by donors to fund political parties between March 1, 2018 and May 10, 2019, a Right to Information reply has said.
  • Don't pay 500/- for answer sheet now- Supreme Court says if Answer sheet is asked under RTI, RTI Fees will be governed
sidmis

NGO ordered to pay Rs.75,000 for transparency law abuse

Recommended Posts

sidmis

NGO ordered to pay Rs.75,000 for transparency law abuse

AS reported in ThaiINdian.Com Oct 20 2010, by IANS ( Leave a comment )

 

New Delhi, Oct 20 (IANS) The Delhi High Court Wednesday imposed a cost of Rs.75,000 on an NGO which had sought an inquiry into the role of Municipal Corporation of Delhi (MCD) engineers in the alleged mismanagement of Commonwealth Games (CWG) projects.

 

The court dismissed the petition after the MCD submitted that the petitioner NGO, Pardarshita Public Welfare Foundation, had questioned the parentage of the engineers through a Right to Information (RTI) application.

 

Dismissing the petition, Chief Justice Dipak Misra and Justice Manmohan said the present petition amounted to abuse of law.

 

“Seeking information about the parentage of a person and his medical history is unwarranted and uncalled for. (Such) information is bound to create a storm in anybody’s mind,” said the bench.

 

The bench said that the RTI law was not enacted for abusing people and seeking personal details.

 

While dismissing the petition, the court directed the petitioner NGO to deposit the cost of Rs.75,000 within a period of four

weeks.

 

In its petition, the NGO alleged engineers of the MCD indulged in corrupt practices in connection with the several projects of the Commonwealth Games.

 

It alleged that several MCD engineers misused public money for personal gains.

 

“According to the NGO, several letters were written to the officials of the MCD but no action was taken. Allegations have been made against the officials but without any grounds,” said the bench.

 

The court also took strong cognizance of the RTI application filed by Har Kishan Das Nijhawan, general secretary of the NGO, asking an MCD engineer about his parentage.

 

He also asked whether the civic agency’s engineers were suffering from any sexual disorders, whether they had carried out a DNA test for their mother, whether their mother was a surrogate mother or step mother, and also sought the name of their biological father and step mother.

 

“It’s an abuse of provisions under the RTI Act. We cannot give any type of clean chit to the MCD engineer, but the information which has been asked by the petitioner exposes vindictive attitude,” said the bench.

 

The petitioner defended his move and said that the engineers were blackmailing him and also used unparliamentary language against him, so he asked certain questions through his RTI application.

 

The court rejected the contention saying that the petitioner could have filed a complaint against such people instead of abusing the process of law.

 

–Indo-Asian News service pks/rah/vt

 

NGO ordered to pay Rs.75,000 for transparency law abuse

Share this post


Link to post
Share on other sites
DineshK
21. Regard being had to the aforesaid facts, which really throw a laser beam on petitioner’s exposited antecedents, it is indubitably clear that it is an abuse of the process of the law. Ergo, we are not inclined to interfere in the present writ petition. We are disposed to think that the petitioner has conceived the idea or notion that revenge is sweetest but failed to realise the eventual fruit of revenge is always bitter. Hence, we dismiss the writ petition with costs which is assessed at Rs.75,000/- (Rupees Seventy Five Thousand). The costs shall be deposited with the Blind Relief Association, Lal Bahadur Shastri Marg, Near Oberoi Hotel, New Delhi-110003 within a period of four weeks. If the costs are not deposited, liberty is granted to the respondent-MCD to move an application in this writ petition so that appropriate action can be taken against the petitioner-NGO.

 

Read the full order of High Court Judges here..

 

http://lobis.nic.in/dhc/DMA/judgement/27-10-2010/DMA20102010CW68022010.pdf

Share this post


Link to post
Share on other sites
sidmis

Man who insults senior lawyer slammed by HC

as reported in MSN News on 25.11.10

 

New Delhi, Nov 24 (PTI) The Delhi High Court today slammed a man, whose PIL was dismissed, for insulting a senior lawyer saying he had appeared before the court because of his "face value" to get relief.

 

"How can you insult a bar member in the open court when you yourself are appearing in person to argue your case," said a division bench of Chief Justice Dipak Misra and Justice Manmohan.

 

"What do you mean by face value? We were not satisfied with the material submitted by you and dismissed your petition, earlier," added the bench and dismissed a PIL filed by Harikrishan Das on behalf of NGO Pardarshi Public Welfare Foundation.

 

"You have no manners. Better learn manners first and then file a case in the court," the bench said.

 

Das appeared before the bench and told the court that Additional Solicitor General(ASG) Parag Tripathi appeared for MCD because of his face value in the case.

 

To this argument, the Bench said "we deal with matters filed by persons who come with clean hands. We don''t think you like persons to be entertained."

 

Das was arguing for waving of the cost of Rs 75,000 imposed on him by the bench last month for abusing provisions of the RTI Act to extract private information pertaining to sexuality and parentage of MCD employees .

The RTI applicant, who runs an NGO, had sought information on a host of private issues of two MCD engineers which include whether they were suffering from any sexual disorder, if they carried out a DNA test of their mother, whether their mother is a surrogate mother or step mother and the name of the biological father and step mother.

 

Taking strong exception to his RTI application, the court had said the plea was in the realm of vengeance and it is gross abuse of law, imposed the cost and directed him to pay the money to Blind Relief Association.

 

Source : Man who insults senior lawyer slammed by HC -

Share this post


Link to post
Share on other sites

  • Similar Content

    • momita
      By momita
      Eleven years after a lawyer sought details under the Right to Information Act from the Gujarat high court, the HC directed its public information officer (PIO) to furnish the details to the applicant.
      According to the commission's advocate, Shivang Shukla, an advocate, Kamlesh Bhavsar, had in 2007 sought information regarding appointment of judges to the Gujarat judiciary since 1990. The PIO supplied information regarding corruption charges against judicial officers and about their convictions within the time limit.

      However, the PIO refused to supply information on Bhavsar's request to furnish the names of all the judges - from the rank of judicial magistrate first class in the lower courts to the justices of the high court - appointed between 1990 and 2007. The PIO told the lawyer that he has asked for the information from the branches concernedand collating the details would take more time. He said he would supply information about the appointments as and when he got the details.

      On the PIO's refusal to part with the information at the same time, citing the delay in collating the details, Bhavsar filed an appeal before the state information commission, seeking a reply from the HC PIO about the applicant's grievance. In reply to commission's query, the HC's PIO explained his position and sent the details that had been collated to the commission, for it to supply to the lawyer. The PIO sent the information to the commission and requested it to supply the details to advocate Bhavsar, if it thought it fit.

      The commission ordered the HC PIO to supply the information to the lawyer. This did not go down well with the HC authorities and the registry challenged the commission's order on the judicial side in 2011. The HC last week dismissed its own petition.
      While directing the PIO to supply the information to the lawyer under RTE laws, Justice A J Desai dismissed the petition filed by the high court itself, in which it had challenged the directions issued to the HC by the Gujarat Information Commission, for furnishing the required information to the lawyer.

       

      View full entry
    • momita
      By momita
      According to the commission's advocate, Shivang Shukla, an advocate, Kamlesh Bhavsar, had in 2007 sought information regarding appointment of judges to the Gujarat judiciary since 1990. The PIO supplied information regarding corruption charges against judicial officers and about their convictions within the time limit.

      However, the PIO refused to supply information on Bhavsar's request to furnish the names of all the judges - from the rank of judicial magistrate first class in the lower courts to the justices of the high court - appointed between 1990 and 2007. The PIO told the lawyer that he has asked for the information from the branches concernedand collating the details would take more time. He said he would supply information about the appointments as and when he got the details.

      On the PIO's refusal to part with the information at the same time, citing the delay in collating the details, Bhavsar filed an appeal before the state information commission, seeking a reply from the HC PIO about the applicant's grievance. In reply to commission's query, the HC's PIO explained his position and sent the details that had been collated to the commission, for it to supply to the lawyer. The PIO sent the information to the commission and requested it to supply the details to advocate Bhavsar, if it thought it fit.

      The commission ordered the HC PIO to supply the information to the lawyer. This did not go down well with the HC authorities and the registry challenged the commission's order on the judicial side in 2011. The HC last week dismissed its own petition.
      While directing the PIO to supply the information to the lawyer under RTE laws, Justice A J Desai dismissed the petition filed by the high court itself, in which it had challenged the directions issued to the HC by the Gujarat Information Commission, for furnishing the required information to the lawyer.

       

Announcements

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy