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


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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

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  • 2 weeks later...
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

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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 -

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