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Found 156 results

  1. narayanvarma

    COURTs judgements on RTI

    Since last few days i am trying to find out from where can i get various courts judgements in RTI. i tried on web of MUMBAI h. c. but in their subject directory there is no RTI. same with supreme court. can anyone help me please!
  2. venufightsforjustice

    RTI in reference to cases pending in courts

    Is it possible to get information under RTI when some cases are pending in courts?
  3. puneet.bansal

    RTI valid for CJM court

    Is RTI valid for CJM orders to provide more details or providing the copy of some case or why copy of orders are not issued with in stipulated time ??
  4. Published: Friday, January 11, 2008 Court Martial proceedings a public activity,CIC to Defence Min Source: Agencies Court Martial proceedings a public activity,CIC to Defence Min New Delhi, Jan 11 Observing that defence court of inquiry could not be construed as a private activity, the Central Information Commission (CIC) has asked the Defence Ministry to consider revealing details of court martial proceedings against an army officer. In a recent order, the Commission has turned down the Ministry's plea to seek exemption from revealing to one Lt Col Harish Gulati information about inquiry proceedings initiated against him on the grounds that divulging such details would serve no public interest. "It is clear that the applicant is seeking an information concerning a disciplinary case against him and as such it is not an information about some other person so as to attract exemption clauses under RTI Act. The details sought is about a court of inquiry, which is public and not a private activity," Chief Information Commissioner Wajahat Habibullah said. In his Right to Information plea, Gulati had said that despite the court martial proceedings declaring him not guilty, his service was still under a threat. Claiming that he was not provided a hearing and witnesses were threatened during the inquiry proceedings, he said he needed the information to establish that there were no grounds to further proceed against him. The Ministry, however, took a plea that judgement of the court martial proceedings against Gulati was perverse and the case was still under process. Exclusion was also sought on the grounds that information sought by Gulati was held by it in a fiduciary capacity. The Ministry has been directed to re-examine the matter afresh and take a decision on providing the details to Gulati within 15 days. (Agencies)
  5. Nearly 30 million cases pending in courts Over three million cases are pending in India's 21 high courts, and an astounding 26.3 million cases are pending in subordinate courts across the country. At the same time, there are almost a quarter million under-trials languishing in jails across the country. Of these, some 2,069 have been in jail for more than five years, even as their guilt or innocence is yet to be ascertained. This has been revealed by official figures emerging from the home ministry's department of justice, under a Right to Information Act application placed by a citizen. It has also been found that over a quarter of all pending high court cases are at Allahabad. The Allahabad High Court had some 1.09 million pending cases, with over eight out of every 10 cases being civil cases at the end of 2006. Meanwhile, the Supreme Court of India had a total of 39,780 civil and criminal pending cases at the end of last year. Madras High Court (406,958 pending cases) and Bombay High Court (362,949) were the others with a large number of pending cases. Sikkim is the lowest with just 51 pending cases. Of the pending cases in high courts, 704,214 were criminal and 3.2 million were civil cases. In subordinate courts, Uttar Pradesh again topped the number of pending cases (4.6 million), followed by Maharashtra (4.1 million), Gujarat (3.9 million), West Bengal (1.9 million), Bihar (1.2 million), Karnataka (1.06 million), Rajasthan (1.05 million), Orissa (1 million), Andhra Pradesh (900,000). In another query, the National Crime Records Bureau that functions under the home ministry told Hari Kumar P. of Kasargod in a Right to Information Act reply that the number of under-trials in India was highest in Maharashtra (15,784) and Madhya Pradesh (15,777). Bihar (with 628 prisoners) topped the number of states with the maximum number of under-trials kept for over five years. Punjab also had 334 under-trials for over five years and Uttar Pradesh had 212. Delhi itself had 344 under-trials languishing in jails for over five years. On the positive side, some states had no under-trials in jail for this long a period without their trials being completed. These states included Andhra Pradesh, Goa, Himachal Pradesh, Kerala, Manipur, Mizoram, Sikkim, Tamil Nadu, and Tripura, apart from some smaller states and union territories. Nearly 30 million cases pending in courts- Hindustan Times
  6. The Madras High Court has ordered notices on a writ appeal against a single judge order directing the Public Department to clarify a Government Order that exempts the CB-CID from the purview of the Right to Information Act. A Division Bench of Justice P.K. Misra and Justice K.K. Sasidharan ordered notices to the Tamil Nadu Information Commission, the Chennai City Commissioner of Police and the CB-CID Superintendent of Police, returnable in four weeks. Vishwanath Swami sought a directive to the authorities to ensure compliance with the Act, besides action against the persons who denied him certain information under the Act. He was a party-in-person “trying to expose” Kalki Bhagawan and his activities. He said the single judge order left him at the mercy of the Information Commission, which was reluctant to ensure that its own directives to the authorities were complied with. Besides the details of the investigation carried out by the police, Mr. Swami sought to know whether any departmental action was taken against the investigating officer and other officials named in his complaint. The Hindu : Tamil Nadu / Chennai News : Exemption of CB-CID from RIA: court orders notice
  7. laserjet1000

    Court RTI

    Hi, I am a new to RTI. Please let me know if I can file an RTI regarding the process of issuing certified copies after you pay the challan in court's office. Say I have paid for certified copies and I need to know as to how many days before I get the certified copies and the procedure to get it. Because a lot of them are demanding money in the courts' office to give certified copies. One page is charged at Rs 1 but to get it out you need to pay more than 20 Rs per page to get the certified copies sometimes.
  8. http://jaipur.sancharnet.in/aaocomptrjp/Asst Manger PR 001.jpg I want comments of forum friends on the issue as in case the douments is not available in court and if there is not direction of court we may be denied for information on the ground that there is a case in judiciary and information seeker is not a party in that case.
  9. We often come across RTI users quotting earlier decisions of CIC. I feel that there can be nothing wrong in quotting their own earlier decisions as a precedent, it is not legally binding on them to consider it, as CIC/SICs are not courts of records unlike the High Courts and Supreme Court decisions.
  10. I had sent a RTI Application to the PIO, IOC, Indian Oil Bhavan, Kolkata – 68 on 01-09-2007. After the elapse of 30 days, I have sent the first appeal to the First Appellate Authority, Indian Oil Corporation Limited. Only after that, I received a letter from the PIO on 22-10-2007 that the mode of payment through court fee that I had exercised is not admissible as per provision of the law. Furthermore I’m advised to send the application fee through Cash against receipt / DD / Bankers’ Cheque / IPO for proper disposal of my application. Please let me know the reference of RTI Act under which mode of payment through Court Fees stands valid in West Bengal. Furthermore please advice me the right course of action.
  11. Indians are Expert in Corruption Tuesday, 09 October 2007 Indians are expert in corruption Dalip Singh Wasan, Advocate. We, the people of India can teach the world and all the people who are in power the methods of collecting money beyond our recognized sources of income and concealing all from others. We are known for corruption and for taking bribes from time immemorial. Even Shri Guru Nanak Dev ji the first Guru of the Sikhs had said that during his days even Qazis was taking bribe to give his verdict and when some people raise objections, he was supporting his decision from the guidelines given in Quraan. And during this time since 15th century, we have taken more steps in this direction and now we have reached a stage when we can open a university for teaching the world at large the methods of collecting money. The people in power have discovered, invented, established and they are following the following methods for collecting money and leaving no traces of evidence on the basis of which they could be caught and brought to book:- (1) If you are on the chair you should delay the work of people who are approaching you and in due course they shall give you money as bribe so that they could save themselves from repeated visits. This is the first method and most of the people in offices have adopted this method and they are collecting money because the people who give money do not have any complaint. They get the work done without repeated visits, wastage of time, wastage of energy and burden on their brain. (2) Try to raise objections on the case and one should be careful that all the objections should not be raised in the first letter. We should raise objections in piecemeal. This course shall compel the person approaching you to sit with you and come to an agreement and you would be able to have a contract with him and charge money out of the money the person shall save in the deal. The state shall be at a loss and both the parties shall benefit. (3) If you want that the man approaching you may not approach police or vigilance department, you should take the money which the man has got in his pocket and never ask him to bring money from his house and then hand over the same to you because in due course, he shall be contacting the vigilance and you could be sufferer. (4) Here in India people give in advance, people fix money and people give money as prizes too. So all these methods are adopted by the people in India and they are doing all this voluntarily without any compulsion from the side of money takers. (5) If you are purchasing any article on behalf of the state, people selling you shall be asking you for filling the amount in the bill or cash memo and here you can have some money and here in this case the papers are complete and none from the audit side would be able to catch you. (6) If you are contracting on behalf of the state, you can fix commission with the person to whom contract shall be given and this amount could be upto 30 to 40 per cent. We have been told through news papers that even ministers are also collecting money through these methods and here amounts are on the higher side because the amounts of contracts are on the higher side. (7) If you feel that some commodity of daily use is in short supply in the country, you can locate some dealer in the international market and can order supply of that commodity and here people in the international market pay huge amounts as commissions and these muddles bring huge amounts which could be collected through hawalas or the like and even arrangement is there when you can deposit these collections in some bank in a foreign country under secret bank account which money shall be available to you and also shall be available for sons and daughters. (8) If something is surplus in the country, that article could be sent to foreign countries and here too some commissions are charged at international rates and this money too could be transacted through hawala or deposited in foreign banks under fake accounts. (9) Here people are ready to purchase government jobs, stations of their choice, therefore, one can collect money from these government servants too. (10) Here jobs are on sale and even promotions are on sale and if need be you can collect money by sale of jobs and promotions. (11) Here licences, quotas and some other items are on sale and if you are the controller, you can enter this field too and huge amounts could be collected from the customers. (12) If you are party head then you can sell party tickets and sometime even ministries are sold here. This is an additional source of income. (13) You can allow or you should understand that the people working under you shall be collecting money through small bribes or through prescribed rates and they shall be giving you the prescribed share and you should allow this system to go on and should not try to stop this system because this system is in vogue since generations and shares are also fixed and this money shall be reaching you as per traditions. The man collecting these funds shall be distributing the money as per prescribed rates and shall be keeping his own share too. (14) We are already expert in indulging in scams, scandals, muddles, bribes, corruption, sale of jobs, sale of licences, sale of quotas, sale of stations, sale of promotions and even people could collect money from those employees against whom disciplinary proceedings are on and they are expecting a big punishment. (15) Have contacts and share your collections with the catching agencies so that you could be save during your tenure. (16) Try to avoid sign any document or maintain any document which could lead you condemnation in a crime. (17) Try to have co-ordination with all so that they too may help you and share the benefits with you. (18) Do not raise properties in your own name because you would be facing difficulties when asked from which money had come. (19) Try to linger on police cases, court cases when you are facing trials and try to ensure that your next term comes when most of the cases could be written off. (20) Try to avoid to go to jail because jails are meant for small criminals and for the under trials and not for rich and powerful people. They must try to remain outside and if because of bad luck you get jail term or judicial remand, you should make it sure that you are out in some hospital and having all the facilities of normal life. (21) You should have money and people at your disposal who could help you in time of difficulty. (22) You should learn the art of telling lie and when caught, you should start saying that you are being victimized because of your being in the opposition groups. These are some measures which must be adopted for collecting money through scams, scandals, muddles, bribes, corruption, commissions, sale of jobs, sale of quotas, sale of licences or through commission and you must make it sure that the people who are keeping records and files must be helping you and are making due entries at appropriate places. You should keep in mind the following lines: ‘Sachaaye chhupp bhi sakti hai agar aapas main mail ho, Khushboo aa bhi sakkti hai agar kaghaz main tel ho” ----------------------------- PR-GB.com... News from origin - Article- Indians are Expert in Corruption
  12. Petition challenges right to seek information from court Chandigarh, October 5 The Punjab and Haryana High Court has issued notices to Union Law Ministry on a Public Interest Litigation (PIL) challenging the powers of various Information Commissioners in seeking information (under RTI Act) from High Courts and the Supreme Court. Filed by an advocate, the PIL has challenged the powers of even the Chief Information Commissioners at state and central level, as such power interferes with the independence of the Judiciary, which is part of the basic structure of the Indian Constituion. The petitioner argued that no such power can be conferred on information commissioners under the RTI Act, without bringing an amendment to the Constitution of India. He also challenged the criteria and procedure used in appointing information commissioners at the state and central level by relying on a judgment of Constitution Bench in N Sampath Kumar’s case (1987), wherein it was held that no appointment to the post of chairman and administrative member of the Central Administrative Tribunal can be made by the central or state governments alone, as those members have to decide cases filed by employees against the government. The petitioner further argued that the SC had given two options to the Union Government, viz. (i) Consult the Chief Justice of India (CJI) before making such appointments or constitute a committee headed by the CJI or some other Judge for recommending the names. The central or state governments therefore cannot make appointments to the post of Information Commissioners without consultation in this manner, argued the advocate. He also argued the fact that since no specific qualifications have been prescribed for appointment to these posts, arbitrary powers conferred on the governments to make such appointments lowers the constitutional status of Judges of the High Courts, including Chief Justices of the High Courts and Supreme Courts Judges, argued the advocate. He called for a procedure that was somewhat comparable to that of the appointment of High Court and Supreme Court Judges. Petition challenges right to seek information from court
  13. 1. I do need help of fellow RTI Activists to locate the PIO name and address of Calcutta High Court. 2. Court appoints receiver or Administrator in different legal cases who are nothing but "Court Officers" . They are generally advocates or Legal Practitioners who are members of Bar Association. 3. All courts are wholly financed by Govt. Hence courts are PA and comes under RTI Act 2005 ?? 4. All district courts come under High Court of that state. Hence PIO of High Court should be questioned for a "court officer" or receiver appointed by District court ?
  14. ganpat1956

    Ball in the high court

    At least three parties have moved the High Court against orders of KIC. *Poornaprajna House Building Cooperative Society refused details of sites allotted and the seniority/eligibility list of its members on the ground that it was an autonomous body and not a Public Authority. The Commission rejected the claim as all cooperative societies have been acknowledged as PA by the Registrar of Cooperative Societies. Besides, the government had acquired lands for the society for “public purpose. *DCC Bank, Bidar declined details of recruitment during 2005-06 and the list of borrowers given one time settlement. The Commission overruled the Bank’s objection that the applicant was not a member/director or employee and held that every citizen had a right to information. It also held that substantial concessions by way of lower interest rates and writing off of principal amount are shown to borrowers under one time settlement. These concessions involve public funds. Hence, citizens have a right to know if the discretionary powers given to the management have been used rightly. *Sri Basaveshwara Veerashaiva Vidyavardhaka Sangha declined details of the grant-in-aid received from the government by educational institutions run by it, stating that only some institutions were aided. The applicant contended that the Sangha had received loans and other development assistance from the State and the Centre. Hence, it is a Public Authority and liable to share the information sought. Deccan Herald - Ball in the high court
  15. ganpat1956

    CIC bouncers in court

    The Union government has taken refuge before the judiciary to avoid parting with the information sought under the RTI Act in some cases, claiming that they were "classified" and would be a "threat to national security." Hit by the bouncers from the Central Information Commission (CIC), the Union government-- which initiated the Right To Information Act -- has taken refuge before the judiciary to avoid parting with the information sought under the RTI Act in some cases, claiming that they were “classified” and would be a “threat to national security.” The Centre has moved the Delhi high court challenging the CIC order in at least three cases: Appointments of chief justice of Punjab and Haryana high court Vijender Jain, Shiv Shanker Menon as foreign secretary and the UPSC civil services examination. Asked about these cases, a commissioner with the CIC on condition of anonymity said, ''CIC is a toothless tiger. It can only pass an order but it is up to the government to provide the information.'' Challenging the CIC order in Jain’s appointment, the government said, ''The impugned order is contrary to the provision of 8 (1)(e) of the RTI Act. There is no obligation to disclose information available to a person in the fidicious relationship. In the instant case, the views expressed by the Judges or persons under consideration for being appointed as judges clearly creates a judiciary relationship between the Supreme Court collegium and such judges or person.'' The government maintained that under Article 217 of the Constitution, the records of the collegium of the Supreme Court, made to the Ministry of Law and Justice; and subsequently to the Prime Minister and President would be in the nature of advice tendered by the cabinet to the President and, hence, being privileged, cannot be disclosed. In May 2007, the high court stayed the CIC's order directing the Union to produce all relevant documents pertaining to the appointment of Mr Menon as foreign secretary. The Centre submitted that the information sought did not come within the ambit of the RTI Act. “The documents are not liable to be disclosed in any form or manner either to Ms Veena Sikri, a 1971 batch IFS officer (who had challenged Menon’s appointment), or before any other person or authority including the CIC.” The CIC by its May 7 order had also directed the External Affairs Ministry to allow Ms Sikri to make inspection within 15 days of a file on Annual Confidential Reports (ACRs) in connection with the promotion to the foreign secretary. Ms Sikri had moved the CIC complaining of gender bias in the selection to the key post. Menon had superseded 16 officers including her to become the foreign secretary. UPSC exam In another similar case, the government appearing on behalf of the UPSC told the high court that the information sought by about 2,500 IAS aspirants such as cut-off marks, individual scores scaling criteria and model answers were top secret and disclosure of such "crucial" documents would lead to violation of intellectual property. ''Revealing of the marks would infringe intellectual property right of the commission. The coaching institutes might decipher short-cut methods to the advantage of its students,'' said the UPSC. Many meritorious students might be at disadvantage if the marks, cut-off points and the scaling system were revealed, it contended. Deccan Herald - CIC bouncers in court
  16. [The title of the news story should read as "RTI Application" and not RTI Appeal--Ganpat] NEW DELHI: In what is a classic case of disparate ways of interpreting the same law, a Right to Information (RTI) request has elicited different responses from different courts, as appellant Shruti Singh Chauhan has discovered. The information that Chauhan asked from three high courts was the same: the total budget; the procedure for the appointment of staff and the vacancies; the number of judgments reserved in each court; and finally the sting in tail the number and nature of complaints against each judge. While the Delhi High Court refused to give information on any of the queries, the fledgling Chhattisgarh HC gave detailed replies to the questions. Interestingly, the Allahabad HC refused the petition asking her to submit separate applications for each item of information and a fee of Rs 500 for each. Chauhan had filed the RTI request asking for information on the total budget of the particular court along with a break-up of the amount available with each department, the number of judgments that have been reserved and since when, the number of complaints against each judge serving in the court, and procedure for appointment of class III and IV employees and a list of vacancies. In theory, the response of three HCs should have been the same. Surprisingly, Chauhan received varied responses from each court. The Delhi High Court ruled that it could not give information on its budget under rule 4(IV) and 5(a) of the Delhi HC (Right to Information) Rules, 2006. Rule 4(IV) says information on any decision that is taken administratively or quasi judicially...shall be available only to the affected persons while rule 5(a) gives exemption from disclosure if the information which is not in the public domain or does not relate to judicial functions and duties of the court and matters incidental and ancillary thereto. http://economictimes.indiatimes.com/RTI_appeal_gets_3_different_responses/articleshow/2311229.cms
  17. In a recent decision, the CIC agreed to compensate a appelant a compensation of Rs 500/- because: Commission has been in violation of provision of the RTI Act 2005 in notifying parties of the date of hearing which necessitated adjournment. The appellant Maj. Ravindran is, therefore, entitled to compensation. The demand for Rs. 500/- can indeed be deemed reasonable. This amount will be paid by the Commission In the same decision, the Registrar of the Delhi High Court has confirmed that the fee has been rationalized from Rs 500/- to a more reasonable Rs. 50/-. The full decision can be viewed at: http://cic.gov.in/CIC-Orders/Decision_16072007_01.pdf
  18. R.P.Venkataraman

    State Spins A Long Yarn

    From Dr.(Ms.)Rhama P.Venkataraman, H36/A,Parvathi Street, Kalashektra Colony, Beasnt Nagar, Madras 600090. Tel.:43504770 Dear Sir, I lived in different rooms for over four years from 9th April, 1992 in P.G.K.Mansion,78, L.B.Road, Adyar, Madras, 600020. 5th Sep., 1996 I left for New Delhi to attend an interview at Miranda House for the post of lecturer in physics. In my absence the drunken landlords Mr.Ramesh Menon and Mr.Suresh Menon broke open the lock and took away ALL my possessions. The writ petition(W.P.1170, 27th Jan., 1997) I filed was dismissed as the Home department misled the court saying that an inquiry was conducted at Adyar police station in the presence of the petitioner on the very SAME DAY WHEN I WAS AT DELHI AT MIRANDA HOUSE. Had the landlords alone been guilty of misrepresentation of facts I would have filed an appeal as Miranda House also issued a letter stating I was at Delhi when the inquiry was purported to have been conducted. Earlier befor September 1996 during MsJ.Jayalalitha's regime when the landlords locked me out, the then D.G.P. Mr.W.Dawaram got the room opened for me. The landlords waited for Mr.M.Karunanidhi to take over and broke open my room. The then Home Secretary Mr.Ashoke Joshi told me "I am sorry. I know your case." My father a retired Headmaster who worked at Tiruvarur also said "Shall I write to Karunanaidhi? He is my student." I said "Let me see how far an honest, educated common man like me can get seeking justice." Needless to say I am diappointed with the judiciary and the country. My well wishers have warned me that my detractors have enough man power and money power and ......power to get me implicated in false cases!!! Could you help me take the case to its logical conclusion? Yours faithfully, R.P.Venkataraman _________________________________________________________________
  19. In the first summons ever to a Supreme Court official, the Central Information Commission has asked the senior functionary to explain his failure to respond to a Delhi resident's plea for information under the Right to Information (RTI) Act. Chief Information Commissioner Wajahat Habibullah issued directions April 2 to the apex court's administrative registrar for a personal appearance at the commission at 12 noon on May 25. Habibullah asked the official to explain why he should not pay a penalty of Rs.250 for each day of denying the requisite information to Zilley Singh. According to the RTI, a maximum penalty of Rs.25,000 can be imposed. The official was asked to provide the requisite information to Zilley Singh within 10 days of the order. Zilley Singh had filed an application before the apex court in a case related to perjury and wanted to know its status. He complained to the commission Sep 22 last year that his request submitted to the administrative registrar, also functioning as chief public information officer under the RTI Act, had not been responded to. He had applied for the information May 10, 2006. An administrative registrar's post is equivalent to that of a district court judge. After promotion as registrar general of the apex court, the official could be elevated to high court judge. This is the second time the CIC has come out with a ruling against the Supreme Court in its bid to infuse more transparency in the administrative functioning of the court. In a path-breaking order March 23, the commission had directed the department of justice under the law ministry to make public a file on the appointment of Justice Vijender Jain as chief justice of the Punjab and Haryana High Court. The order has given the department of justice a month's time till April 22 to disclose to Aggarwal 'all file notings and opinion of the Supreme Court Collegium's member judges on the appointment file'. President A.P.J Abdul Kalam had in October last year returned the file for Jain's appointment to Prime Minister Manmohan Singh raising some queries. Chief Justice of India K.G. Balakrishnan, at a press meet Sunday, refused to answer IANS' queries on the CIC orders, saying that they were not on the agenda of the conference. Information commissioner summons apex court official
  20. Vadodara, May 7: FOLLOWING the proposed move to dump Bhopal Gas tragedy waste in Ankleshwar, an Ankleshwar-based activist Ziya Pathan filed an application in Madhya Pradesh High Court on Monday. Meanwhile, Gujarat Pollution Control Board (GPCB) member secretary Sanjeev Tyagi said that it was not confirmed yet whether the waste would land in Ankleshwar or not. “We are presently reviewing the situation, but we are in dark as to what is happening in Madhya Pradesh’’ said Tyagi. Ziya Pathan made an intervention in writ petition No. 2802 of 2004 (Alok Pratap Singh v/s Union of India and Another) in the Madhya Pradesh High Court, expressing fears about the Bhopal Gas tragedy waste coming to Ankleshwar for incineration. In his application to the court, he sought permission to make an intervention requesting it not to allow any further steps to be taken to shift the waste from Bhopal to Ankleshwar. He also stated that Ankleshwar already stands identified as a critical polluted zone by the Central Pollution Control Board and as a ‘toxic hotspot’ by Gujarat. He cited the observations of Supreme Court Monitoring Committee, which in their April 2004 report, had stated that groundwater of the area is so polluted that it is not fit to drink. It was following that report that an order was passed directing Gujarat and Madhya Pradesh Governments to supply fresh drinking water through tanks or pipes. Meanwhile, Tyagi said that the representation of environmental activists was being taken into consideration. Incidentally, the GPCB response following protest is tad surprising, for it is GPCB only which gave the No Objection Certificate for the proposed incineration in Ankleshwar earlier. A delegation comprising of activists from Vadodara, Ankleshwar and Suart, PUCL, Paryavaran Suraksha Samiti and Narmada Pradushan Nivaran Samiti has also met GPCB officials voicing their concerns. On Monday, Vadodara and Ankleshwar-based activists met GPCB officials, filing a RTI application seeking, details about the correspondence regarding waste transfer from the Union Carbide (now Dow Chemical) factory to Ankleshwar. Activist files RTI application VADODARA-BASED environment activist Rohit Prajapati on Monday filed a RTI Act application seeking details of all correspondence regarding transfer of waste from the Union Carbide (now Dow Chemical) factory to Ankleshwar for incineration. Prajapati, in his application, sought copies of all documents and correspondence regarding this matter, including correspondence between and/or documents issued by GPCB, Madhya Pradesh Pollution Control Board, Bharuch Enviro-Infrastructure Ltd, and the Government of India. Ankleshwar activist moves MP High Court against dumping of gas waste
  22. ganpat1956

    Court fines RTI applicant

    VADODARA: A self-proclaimed activist in Anand has created a ticklish situation by applying for information under Right to Information (RTI) Act on alleged bribe accepted by a judge to dismiss his complaint. The activist was slapped a fine of Rs 5,000, failing which he would face contempt of court proceedings. In response, the activist has moved a second appeal with state chief information commissioner (CIC) against the district judge's decision. It all started with Hitesh Patel moving a complaint against all board members of Vallabh Vidyanagar Commercial Co-operative Bank alleging that the members had misappropriated a huge amount from the bank. After hearing the case, chief judicial magistrate J P Gadhvi dismissed the complaint on January 22 stating that there was not enough evidence to prove such allegations. Patel submitted an application to court's public information officer (PIO) seeking information on 'tod pani' (bribe) taken to dismiss the case. The principal senior civil judge, who is the PIO, wrote back to Patel on January 29 that "there is no evidence to support such claims" and told him that he can move to appellate authority — the chief district judicial magistrate or additional district magistrate. Patel then moved his first appeal with the chief district magistrate on January 31 stating that PIO's response was "against public interest". After receiving the appeal, Anand district court's registrar on February 12 asked Patel to submit Rs 50 along with his appeal. Instead of submitting Rs 50, Patel wrote back to the court registrar that "there are no provisions under RTI to charge such fees along with appeal". When the court registrar received Patel's letter, it was produced before principal district judge (appellate authority of court) M J Parikh, who imposed the fine on him. Patel, however, has moved a second appeal with CIC as well as court's PIO seeking information on "which grounds under RTI" was he asked to deposit Rs 5,000 as fine. Court fines RTI applicant-Ahmedabad-Cities-NEWS-The Times of India
  23. ganpat1956

    CIC lands in court battle with BHU

    NEW DELHI: Central Information Commission's directive to Banaras Hindu University to admit a student in MPEd course and slapping it with a penalty of Rs 25,000 has landed the information watchdog in an unsavoury court battle, with questions being raised whether it had the powers of a judicial court beyond the ambit of RTI Act. BHU has flatly refused to obey the CIC's admission diktat while Allahabad High Court has stayed the penalty. And the case is mired in personal allegations going back and forth. Under a cloud is more than the legality of information commissioner O P Kejariwal's admission-and-penalty order, as it is alleged to be motivated by his 'bitter experience' with BHU before joining the elite commission. It is alleged that Kejariwal was denied a position in the university for which he had lobbied hard and the order was a result of his personal pique. While Kejariwal denied all "personal allegations," he admitted to TOI that the order may be an "error in semantics." The controversy, rooted in the CIC ordering BHU to admit a student, Dhananjay Tripathi, in MPEd, arises out of the death of his friend and fellow student Yogesh Rai, allegedly due to medical negligence. It led to protests from students asking for a copy of an internal inquiry into the charges of medical negligence. Tripathi filed a plea under RTI. During the hearing at CIC, Tripathi was denied admission in MPEd course for which he had applied. He charged BHU with victimisation for taking up Rai's case. Kejariwal dispatched an official to look into the charges and, based on his report, on November 9, 2006, passed the now-contested order, directing BHU to admit Tripathi immediately with complete attendance after having earlier slapped the penalty. Can the CIC order admission into a university? Kejariwal concedes, "It may be an error in semantics." He, however, justified the order, "Seeing the way BHU tried to scuttle the information process convinced us to direct them to admit the applicant." BHU challenged Kejariwal's order in the high court with personal allegations. As it emerged, the former CEO of Prasar Bharati was interested in being with BHU after quitting as director, Nehru Memorial Museum. He lobbied for it and prepared a case whereby he would donate collections of an Indologist, Fred Pinn, bequeathed to him, for a lifetime post. Well known space scientist U R Rao too put in a good word for him. CIC lands in court battle with BHU-India-NEWS-The Times of India
  24. Dear All. It is been observed in various cases that providing information to the applicant is tough job for the CPIOs. And for this reason they find multiple reasons for not providing information Purposeful violation the Right of information Act 2005 to safeguard various interests , beliefs & misconducts. This behavior show a willful disregard for the legislation & can be held in contempt of court. If someone find Unsatisfactory Responce to application under Right to Information Act 2005 or irresponsibility , reluctances and hesitance on providing information by CPIO register a complaint of " Contempt of court " with CIC . Further we can clain that its contempt of constitution of India.
  25. ganpat1956

    RTI faces challenges in courts

    I reproduce below, an article that appeared in the Chennai Edition of New Indian Express(13.12.2006): "After a hectic first year when it was seen in its 'evolutionary' stages, the RTI Act is now entering a phase where it is increasingly coming into conflict with the public authorities in court. Several landmark orders passed by the CIC have been challenged via the writ petition route by authorities from whom the information was sought. And, in most of these cases, stay orders have been obtained. Among the first to have challenged the CIC's orders, ironically, was the Department of Personnel and Training (DoPT) which had drafted the RTI Act itself. The DoPT challenged the CIC's decision to allow its members "in camera" access to the correspondence between former President K R Narayanan and the Government on the Gujarat riots. The DoPT obtained a stay from the Delhi High Court. Not Just this: * The CIC ruled that Delhi Electric Commission is a public authority. This was challenged in the Delhi High Court and a stay order was granted. * The CIC ruled that UPSC should disclose cut-offs in the civil service prelims. Stayed by Delhi HC. * Association of Indian Universities was declared a public authority by the CIC, but a stay order was granted by the Delhi HC. * CIC fined Benares Hindu University for delay in giving information to an applicant. Stay from Allahabad High Court. Chief Information Commissioner Wajahat Habibullah described the DoPT's intervention as "premature" and said the panel had approached former Attorney General Soli Sorabjee to defend its decision. "We had asked for the correspondence to be shown to us in confidence in sealed cover and were surprised that the DoPT found objection to this," Habibullah told Express. Asked about this trend, Habibullah said, " As we examine the inner reaches or the sanctum santorum of Government functioning, I anticipate there will be even larger number of decisions challenged in courts. Authorities who have argued against grant of information or against them being declared public authorities, may want to take the last recourse and take the writ petition route. We are gearing up for increased judicial review." So a senior legal consultant will soon join the CIC, which is also setting up a legal cell and reference section. There is a flip side, admits Habibullah, of this "judicialisation" of the RTI: Stage is set for a new branch of case law. " The implications of our decision carry heavy judicial ramifications as we are gearing up for increased judicial review".
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