Sunday, December 23, 2012

Re: [IAC++] enlighten us all those who matters

Dear Sarabjit, 

Of course I was not privy to the affidavits filed by you, DDA and CIC to know the pleadings. I was not aggrieved by the judgement of the high court since it was passed on correct reading of law but the tone and tenor of the judgement expressed nothing but contempt and that bothered me. Besides, the court should have given directions to DDA to comply with the provision of law ( 4-1B) within a definite time. The court could also have ruled on the effect of non compliance by the authority and who in a PA should be ultimately accountable for the same. All this the court was not interested in and the sole purpose seemed to have been to cut the CIC to size. 

You have not become a party in the supreme court but unless some definite ruling on this issue of 4-1(b) is passed the RTI movement will remain a movement in the minds of people like you and me. I am a very small fry and quite insignificant if compared to a big fish like you. 

The CIC is going to lose it in supreme court because it had certainly gone beyond its jurisdiction in framing rules without any statutory provision authorising it to do so. Which legal counsel worth his salt can advise them to file an appeal! 

What was the result of your win? Is DDA declaring all data as mandated under RTI? Is there any order of any court which fixes the accountability of the head of a public authority for non compliance of law? And what punishment or penalty it should attract? 

to tell you the truth there is hardly a movement in the state. We are very happy with the great success stories we read or hear about in the media. 

The IAC has already prepared a large burial ground for all civil society movements in India and I have also chosen my coffin already. 

Best wishes


Naveen 

Sent from my iPhone

On २४-१२-२०१२, at १२:१७ पूर्वाह्न, Victor Cooper <victor99cooper@yahoo.com> wrote:




On Sun, Dec 23, 2012 at 12:02 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
Dear Naveen

Thank you for remembering me. Your recollection of that matter is
considerably at variance with reality so let me update you, also since
I understand you are with the NAPM who have a small RTI movement in UP
also.

1) I did not "lose" along with the CIC. I "won" along with the DDA.

2) The issues before the Court were

A) If CIC could frame Regulations for RTI.
I and the DDA said they could not. Both of us submitted our written
statements to this effect. The CIC had no answer and did not file any
written submissions.

B) If DDA had an obligation to disclose information suo-moto under section 4
This was my issue, and it was emphatically answered in my favour

C) If CIC could form a committee of enquiry of outsiders u/s 18.
Both DDA and I said they could not.Both of us submitted our written
statements to this effect. The CIC had no answer and did not file any
written submissions.

You can read the detailed judgement on DHC website (WP(C)12714/2009.
Nothing to show that I "lost".

The matter is now in Supreme Court as a Civil Appeal brought by the
CIC. Although on "theoretical" grounds I would have preferred to side
with the DDA and hammer the CIC, on practical grounds seeing the poor
state of RTI in the country I am not entering appearance in the matter
to give the hapless CIC a fair shot.

Sarbajit
National Convenor
India Against Corruption, Jan Andolan

On 12/23/12, Naveen Tewari <nct.lko@gmail.com> wrote:
> Dear Sarabjit,
>
> Just wanted to know if you are the same person who filed a petition against
> DDA which was eventually lost by you and CIC in the Delhi High Court? Did
> you file an appeal against that judgement?
>
> Regards
>
> Naveen Tewari
> Lucknow
>
> Sent from my iPhone
>
> On २२-१२-२०१२, at ११:४७ अपराह्न, Sarbajit Roy <sroy.mb@gmail.com> wrote:
>
>> Dear Dr Chaturvedi
>>
>> You and I  are corrupt because we were a part of God (Brahman) and need to
>> be again renewed with God.
>>
>> Sarbajit
>>
>>
>> On Sat, Dec 22, 2012 at 11:07 PM, Dr. Sanjay Chaturvedi
>> <drsanjaychaturvedi@gmail.com> wrote:
>> You mean that we are corrupt because I and you are corrupt than why I and
>> you are corrupt any vedic answer?
>> 1/188 Delhi Gate, Agra 9412261575
>>
>> -----Original Message-----
>> From: Sarbajit Roy <sroy.mb@gmail.com>
>> Sender: iac-request@lists.riseup.net
>> Date: Sat, 22 Dec 2012 22:31:59
>> To: iac<iac@lists.riseup.net>
>> Reply-To: iac@lists.riseup.net
>> Subject: Re: [IAC++] enlighten us all those who matters
>>
>> WWW : http://indiaagainstcorruption.net.in
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>

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