Re: [HumJanenge] [HumJanenge-YG] KU: Ignorant of rules, PIO returns RTI Application - Early Times - 11 Nov. 2010

Dear All,

Sarabjit  kindly stop figiting be polite and ignore certain things , God has gifted you abudantly. I hold u in high esteem in your wisdom, but sometimes not the language you use. I have something to say to you and to all Children of God. I too have a bad temper but have leared to control it.I had lot of material things, car, land in my village Goa etc the more i had the more the problem, one day i heard a sermon quote what does it profit a man if he gains the whole world and looses his soul" i sold my car, property, and kept bare necessities i got a lot of relief,
although prices of land sky rocketted and i would have been richer, i do not care am contented with the little i have so

·         "Live as if you were to die tomorrow as tomorrow is promised to no one. Learn as if you were to live forever.""You have enemies? Good. That means you've stood up for something, sometime in your life. The tragedy of life is not that it ends so soon, but that we wait so long to begin it."

·         "We can't change the direction of the wind, but We can adjust my sails to always reach my destination.""Sing like no one's listening, love like you've never been hurt, dance like nobody's watching, and live like its heaven on earth."


L.Almeida

 

On Sun, 14 Nov 2010 08:47:56 +0530 sroy1947 wrote
>Dear WEDS
>
>Thanks for starting off by calling me an ignorant idiot.
>
>Your argument is full of holes (FYI: I have over 30 years of
>litigative experience in SC as a party-in-person and have never lost a
>matter in any judicial forum) but I don't believe that I must educate
>every wandering minstrel who believes he has the right to sing in
>public streets / railway compartments / Haryana Roadways buses.
>
>If you have something worthwhile to say, say it in a paragraph or 2.
>Otherwise don't waste the time of the members here.
>(apologies to PMK, but old moderatorship habits die hard)
>
>Sarbajit
>
>On Nov 14, 5:42 am, DSouza Wilberious Evanglist
><wileva...@yahoo.co.uk> wrote:
>> Dear Sarabjit,
>>
>> I request you to consider this:
>>
>> Ignorantia juris non excusator Ignorantia legis neminem excusat(Latinfor
>> "ignoranceof the lawdoes not excuse" or "ignoranceof the lawexcuses no one")is
>> an universal legal principle/doctrine holding that a person who is unaware of a
>> law may not escape liabilityfor violating that law merely because he or she was
>> unaware of its content. However, Ignorentia facti, excusat meaning, ignorance of
>> fact is excusable in jurisprudence.
>>
>> In a Democracy as Government is by A people; for the people & of the people; the
>> right to information is inherent right of a people in a democracy inasmuch as
>> the accountability of the government to the governed.
>>
>> This has been reiterated by the Supreme Court of India in its decision in
>> Peoples Union for Civil Liberties % Raj Narain Vs State of U.P. that RTI is a
>> fundamental right, a facet of Art. 19(1)(a) of the Constitution.
>>
>> This is a judgment law. (Art. 141, 142(1&2) of the Constitution of India) & is
>> applicable & enforceable throughout the territory of India.
>>
>> By Art. 142 (2), The Supreme Court of India is empowered to try contempt of
>> itself.
>>
>> To access, seek, receive & impart information is a Human Right (HR), as per
>> Article 19 of The International Covenant on Civil and Political Rights (ICCPR)
>> that was adopted by the General Assembly of The United Nations on the 16th
>> December 1966, as cardinal principles of Human Right, embodied in The Protection
>> of Human Rights Act 1993 section 2(d) & (f) forming a facet of Art. 21 Part III,
>> Fundamental Right (FR). i.e. Right to life & Liberty, of the Constitution of
>> India. Denial of Information sought by an applicant, by a public authority
>> (PA)/public servant (PS) is violation of HR of that citizen & that citizen can
>> also file a complaint against that public authority (PA)/public servant (PS)
>> with the National Human Rights Commission under The Protection of Human Rights
>> Act 1993.
>>
>>
>> The right to information is enshrined in the Universal Declaration of Human
>> Rights and finds international legal protection in Article 19 of the
>> International Covenant on Civil and Political Rights, which states that
>> 'Everyone shall have the right…to seek, receive and impart information and ideas
>> of all kinds, regardless of frontiers'. The right to access information is not
>> merely important as an aspect of freedom of expression. It is also a practical
>> tool for bringing about the full realisation of all other human rights.
>>
>> ByArt. 144 of The Constitution of India, All authorities, civil & judicial, in
>> the territory of India, shall act in aid of the Supreme Court.
>>
>>
>> Supreme Court of India accepts, cash, IPO, DD & MO as application fee. Read Art.
>> 144 above
>> Art. 12of the Constitution of India defines state as "In this Part, (Part III
>> Fundamental Rights) unless the context otherwise requires, "the State'' includes
>> the Government and Parliament of India and the Government and the Legislature of
>> each of the States and all local or their authorities within the territory of
>> India or under the control of the Government of India. Every Public Authority is
>> the state within the meaning of this article.
>>
>> Art. 13(2)of the Constitution of India prohibits that "The State shall not make
>> any law which takes away or abridges the rights conferred by this Part (Part III
>> Fundamental Rights) and any law made in contravention of this clause shall, to
>> the extent of the contravention, be void.
>>
>> Art. 13(3) In this article, unless the context otherwise requires,— (a) "law"
>> includes any ordinance, order, bye-law, rule, regulation, notification, custom
>> or usage having in the territory of India the force of law; (b) "laws in force"
>> includes laws passed or made by a Legislature or other competent authority in
>> the territory of India before the commencement of this Constitution and not
>> previously repealed, notwithstanding that any such law or any part thereof may
>> not be then in operation either at all or in particular areas.
>>
>>
>> RTI Act 2005, passed by Parliament of India does not restrict the mode of
>> payment of application fee.
>>
>> RTI Act 2005 by its section 22 & 23 provides the Act overiding effect &
>> prohibits any court from adjudicating upon any order under this Act. Does it not
>> evidence that Parliament has curtailed the powers of vested with courts under
>> Art 32 & 226 of the Constitution of India by the constituent power of parliament
>> vested with it under Art. 368 of the Constitution?
>>
>> Further, section 8(j) at the end clarifies, Provided that the information which
>> cannot be denied to the Parliament or a State Legislature shall not be denied to
>> any person.. Any Act or law as it is defined in Art. 13(2),(3)(a & b) of the
>> Constitution of India, by any Government which is repugnant to any article of
>> The Constitution of India is void to the extent of repugnancy.
>>
>> High Court & Supreme Corts are part of State as defined in Art 12 of the
>> Constitution of India. While they have powers to make rules for internal
>> administration but, cannot act in inconsistent with the provisions of an Act
>> passed by parliament about a fundamental right. Power of parliament
>> superintendents over Courts too. Even in all decisions Courts/judges have to
>> uphold the Constitution & adhere to Acts passed by Parliament & not behave in a
>> whimsical manner repugnant to the constitution of India or Acts passed by
>> Parliament. Former CJI KGBs decision in Kannapuram Gandaiah vs. CAO of High
>> Court of Hyderabad is one that is repugnant too.
>>
>> Regards,
>> WEDS
>