Re: [HumJanenge] Fwd: [RTI INDIA] Very Important RTI Order

Dear Mr Parikh

The SC has powers conferred in the Constitution to frame Rules for itself. The existing SC rules provide a mechanism to access judicial side information from the Court subject to certain procedural conditions.

Had the RTI Act not been passed, the citizens would still have been able to access the information, often at copying rates even below that prescribed in the Central RTI fee rules.

The SC has not yet notified (in gazette) any Fee/Cost Rules to supply information under RTI. They are choosing to :"follow" the DoPT's fees. It is undeniable that the CJI/SC has the power (u/s 28 RTIA) as competent authority to prescribe any damn "reasonable" fee/cost and Mr Gandhi can do bugger all about it.

The immediate controiversy is theferore not about the fees/cost being levied, but upon the procedure to be adopted to apply for judicial information and the additional conditions , if any, to be satisfied by applicants. Section 22 only comes into play when there is "inconsistency" between the 2 procedures. Inconsistency does not mean ":difference" but implies a wider examination of the source of the problem.

In fact section 8(1) RTIA provides that information.which would cause contempt of court cannot be disclosed in RTI. Section 2(b) of Contempt of Court Act defines civil contempt thus

"2(b) "civil contempt" means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court;"

How can the SC's PIO disclose judicial information contrary to the SC Rules which constitute "OTHER PROCESS" of the Court ? A careful analysis of the contraversial cases where info is being denied would show that most of the cases pertain to GRIEVANCES the parties have about the judicial process and attempts to MISUSE RTI for a purpose it is not intended.

In my view there is no inconsistency. It is another matter that courts are not disclosing information in RTI. Citizens should threfore avail the existing and usually cheaper/faster methods.

Sarbajit

On Wed, Jun 8, 2011 at 11:54 PM, mukund parikh <mkppm@yahoo.co.in> wrote:

It is irrelevant for me which IC has passed RTI order. I think it is a proper interpretation of sec.22 of RTI Act vis-à-vis S.C. Rules and sufferings of citizens to get information under RTI Act from almost all courts in different cities. Such courts have no respect for RTI Act and making it defunct by all means.

Mukund Parikh

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From: Sarbajit Roy <sroy.mb@gmail.com>
To: humjanenge <humjanenge@googlegroups.com>
Sent: Wednesday, 8 June 2011 9:00 PM
Subject: [HumJanenge] Fwd: [RTI INDIA] Very Important RTI Order

Moderators Note: This message was originally posted to the sister RTI group [RTI_India], and is forwarded to HJ-GG for wider circulation.
Sarbajit

Dear Mr. Parikh,

It is good if you have found any thing worthwhile in Information Commissioner Shailesh Gandhi's Order that is likely to help you.   But I have bitter experience of attending hearings conducted by SG. He is always in so much hurry to dispose of as many cases/appeals as are possible that he has no time to see the information promised to be given by the PIO outside his chamber. After having understood his hurried approach, PIO will always say that I have brought the information and shall give to the appellant. SG feels satisfied and closed the case without seeing whether the information brought by the3 PIO is relevant to the one sought by the appellant. He will never impose penalty on PIO whether he is giving information - an irrelevsant one- after seven-eight months.  Secondly, he does not agree that penalty u/s 20(a) of the RTI Act, 2005 is mendatory. He still,believes that it is the discretion of the ICs. Though there are so many orders of the High Courts.of Delhi and Punjab and Haryana High Courts on this issue. But he is not ready to recognise them.   Anyhow, if you are being benefitted by his order, I join your happiness.  With best wishes,  Prof. H. D. Goyal Indian Economic Service (1968 Batch) Director, Right to Information Centre-Dwarka rtidwarka@yahoo.co.in