Monday, March 14, 2011

Re: [HumJanenge] Fw: file rti applications to know it returns of our netas

1) The case no is WP(C)206/2010 "Escorts Ltd versus Rakesh Kr Gupta"

2) As a Constitutional expert what are your comments on the order of CIC delivered by Shaliesh Gandhi ?.

3) Is it open to a single information commissioner to completely ignore "umpteen" decisions of his brother Commissioners especialy of those of a "full bench" of 5 Commssioners which included the Chief Information Commissioner ?

Sarbajit

On Tue, Mar 15, 2011 at 9:06 AM, Sant Mathur <santmathur@gmail.com> wrote:
Is the HC stay permanent or proceedings have to begun on the CIC judgement?
Sarcastic comments are made by SC also on HC judges and their judgements,as also on GOI and its officials.
The underlying philosophy of balancing the case beween"privacy needs" on one side and " larger public interest needs" on the other is the one to be seen in judicial pronouncement.
What all wrong can go(and in fact as per any research has gone} in disclosure of IT Return info vis-a-vis what and how public good could happen?
Complex issues require intelligent decision making system,often not possible w/o recourse to base material and it could as well be some meaningful and reliable research study. How are judges so brilliant,say more than all of us very well informed people, to adjudicate on unprecedented issues wihout being armed with exceptional knowledge? They certainly aren't in modern complex world.They POSITIVELY need help of expert knowledge which is often based on relevant research studies.
Having handled umpteen cases in HC/SC,including review petitions(often successfully) and being sufficiently well conversant with philosophy of LAW as also scheme of CONSTITUTIONAL INTERPRETATION I could say that a casual comment by any HC judge/Bench is devoid of any meaning.
Its the final decision on the complex issue with all aspects considered judiciously that we could form opinion on the matter of access to IT return of politicos 9specially those who have contested elections and are going to do so.
Informed decision making for exercising the fundamental right of franchise might include the knowledge of the low down on assets/liabilities and modes of incomeand taxes paid .Those wanting to come to public life have to be much more transparent vis-a-vis the rest. Lives of people going to occupy public offices in USA are dissected fully and only on stringent scrutiny does one come to get appointed to high public offices.No scope for committing error at the initial stage itself.
Its all debatable and its preferable to eschew elaborate disussion on the subject at this stage.
Better if HC gives its verdict in CIC's stayed judgement.
spm


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