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Complaints against Supreme Court and variopus High Courts for Sec 4 disclosure and the RTI Rules violating the basic RTI Act


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Sunil_Gupta

Mr. Karira,

 

I would like to know what was the fate of these complaints made against respective Courts. Did the Court amend its rules, wrongly framed by them.

 

Like in the present writ petition, the High Court has challenged the jurisdiction & authority of UIC, to declare the rules framed by HC as illegal or ultra vires.

 

Can a complaint be made in this respect to the Information Commission.

 

Regards.

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karira

As reported by Dhananjay Mahapatra of TNN in timesofindia.indiatimes.com on 01 April 2010:

Article Window

Good Certificate

 

CIC compliments SC on implementing RTI

 

 

New Delhi:The Supreme Court may well savour this pat on the back from the Central Information Commission, which in a rare ‘good’ certificate has congratulated the apex court for being the leader among public authorities in complying with RTI Act provisions.

 

This appreciation in the form an order comes from the Right to Information watchdog after a series of its decisions damned the apex court for being obtrusive to information about judiciary and judges.

 

In fact, the CIC has said that the apex court has taken the lead in implementing the provisions of the RTI Act, in which respect many public authorities have so far been found lacking.

 

Incidentally, this certificate came on a petition filed by the known baiter for apex court on RTI front, S C Agrawal, who had alleged that the SC had not implemented the RTI Act provisions in letter and spirit.

 

After his RTI application was dealt with by the CPIO of the the Supreme Court, a dissatisfied Agrawal had moved the appellate authority in the SC. Finally, he had moved the CIC seeking appropriate directions to the SC for “specifying a time frame” by which it will fully comply with the various sections of the RTI Act.

 

This request was preceded by a question, “Is it true that SC has not complied with provisions of Section 4 of the RTI Act for providing necessary information on its website?”

 

Appearing for the SC, advocate Devadatt Kamat submitted a download of the website of the Supreme Court giving details of the apex court’s functions.

 

Chief Information Commission Wajahat Habibullah perused the details and passed an order congratulating both the Supreme Court and Agrawal for their endeavour towards implementation of the RTI Act. In fact, the CIC noted that the apex court was way ahead of other public bodies.

 

Habibullah’s March 18 order said: “Both parties deserve congratulations, Agrawal for having agitated the subject thereby registering public interest in a matter of vital importance to the successful implementation of the mandate of the RTI Act, 2005, and the Registry of the Supreme Court of India for having taken a lead in an action in which many public authorities are still far from perfect.”

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karira

Can someone please help me in locating the correct link on the Supreme Court website where the Sec 4 disclosure is made ?

 

I tried: Welcome to the Official Website of the Supreme Court of India and there is no RTI link anywhere on the home page.

 

Then I tried the "Other Links" : Supreme Court of India - Other links

 

A new page opens.

 

There is a RTI Act link available there. When that link is clicked, the following is the only information displayed:

 

Right to Information Act

 

 

 

SUPREME COURT OF INDIA

 

The following officers have been appointed as Central Public Information Officer and the First Appellate Authority for Supreme Court of India under under Section 5(1) and under Section 19(1) of Right to Information Act, 2005 with effect from 1st February, 2007.

 

Shri Raj Pal

Additional Registrar/

Central Public Information Officer

Supreme Court of India, New Delhi.

Tel. No.23384041/ Fax No.23383792

e-mail:supremecourt@nic.in

 

Shri M.K.Gupta

Registrar / First Appellate Authority

Supreme Court of India, New Delhi.

Tel. No.23381581/ Fax No.23383792

e-mail:supremecourt@nic.in

 

Please help in giving the link which is referred to in the above post and for which CIC has congratulated the Supreme Court for its Sec 4 implementation.

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karira

Sunil,

 

That is a general article on the RTI Act.

Where is the Sec 4 suo-motu disclosure referred to in the news report - for which the CIC congratulated the SC ?

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Perhaps we have to ask CIC! I also searched the site for quite some time. All that I could find which may come some what close to the disclosures under Sec 4 is under the link - Registry. It gives details of the organisational structure, facilities available, pay scales, telephone directory and officials/officers under SC. That is all.

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karira

Taurua,

 

Here is the direct link to the "information" on the SC website:

 

Supreme Court of India - Registry

 

 

The list of Sec 4(1)(b) disclosures are :

 

i. the particulars of its organisation, functions and duties;

ii. the powers and duties of its officers and employees;

iii. the procedure followed in the decision making process, including channels of supervision and accountability;

iv. the norms set by it for the discharge of its functions;

v. the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;

vi. a statement of the categories of documents that are held by it or under its control;

vii. the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;

viii. a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;

ix. a directory of its officers and employees;

x. the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;

xi. the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;

xii. the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;

xiii. particulars of recipients of concessions, permits or authorisations granted by it;

xiv. details in respect of the information, available to or held by it, reduced in an electronic form;

xv. the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;

xvi. the names, designations and other particulars of the Public Information Officers;

xvii. such other information as may be prescribed and thereafter update these publications every year;

 

members/guests can compare for themselves item by item and decide whether Congratulations were in order or not !

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This is the link that I wrote about. It is an apology of Sec 4 disclosure, to say the least. Ofcourse, it does not claim to be a disclosure under RTI. We really do not know what was shown to the CIC and what was appreciated.

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debnanda

Dear Karira,

Superb effort to uplift the nation's pride, it's rules should be topping all even Court of Law.

I Thank You.

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lakshminarayanan

dear members

yes, i quite agree with this posting.

i have a similar bad experience with madras high court.

one APIO has the temerity to ask me to appear before her to verify (?) my signature and address.

i have filed complaint to state IC because such a procedure is not contemplated in the act and APIO is not empowered to ask for such verification.

the high court is quite tardy in replying to RTI petitions.

in many high courts, separate procedure is there for giving certified copies of court papers. the cic has ruled that these procedures are not in conflict with RTI procedure. what to do?

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lakshminarayanan

dear members

i am sorry that i am not able to agreewith mr.karira on one point - on the jurisdiction of the state ic.

i believe that there is no hierarchy in the appeal mechanism in the RTI act. i believe that state ic has equal jurisdiction over respective high court. may be the CIC has JURisdiction over all the high courts in the country.

the act does not say that CIC IS ANYWAY superior to state ic.

in fact, i have filed a complaint against madras high court to state ic and they have taken cognisance. in fact, CIC stated that they do not have jurisdiction in the matter, once you appeal to state ic.

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