Saturday, June 28, 2014

RE: [IAC#RG] Fwd: BJP's attempt to compromise the independence of the judiciary

 What has he to say about the revelations of journalist Gopikrishnan madev in his petition against Gopal Subrahmaniam


navnith
 
Date: Sun, 29 Jun 2014 09:39:36 +0530
From: sroy.mb@gmail.com
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] Fwd: BJP's attempt to compromise the independence of the judiciary

Dear Mr. Chakravarty

This is not a letter to this email list.

It is the text of an official Press Release of the Aam Aadmi Party
which Aam Aadmi Party website claims is written by their founder Sr.
Advocate Shanti Bhushan ji.

http://aamaadmiparty.org/bjps-attempt-to-compromise-the-independence-of-the-judiciary

Sarbajit

On 6/28/14, Pranab Kumar Chakravarty <pranabkumar.chakravarty@gmail.com> wrote:
> MAY I KNOW IF THE LETTER IS PENNED BY GENUINE ASHANT BHUSHAN,EMINENT LAWYER
> AND FORMER UNION LAW MINISTER WITH SOCIALIST BACKGROUND ?
>
>
> On 28 June 2014 00:13, Shail Bansal <shailbansalb@gmail.com> wrote:
>
>> Given below is the statement issued by Mr Shanti Bhushan, one of India's
>> seniormost lawyers, former union law minister and Aam Aadmi Party's
>> founder, on the issue of Mr Gopal Subramaniam, withdrawing his name from
>> the list of those who were recommended by the Supreme Court collegium for
>> appointment as a Supreme Court Judge :

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Re: [IAC#RG] ideas for the new Govt.

GOA ADVOCATE GENERAL'S OFFICE NEEDS FUMIGATION

 

By Aires Rodrigues

 

One of Goa Advocate General Atmaram Nadkarni's side kick and man Friday is his trusted Lieutenant Advocate Hanumant Naik alias H.D. Naik also better known as High Definition Naik. Though he has been practically operating from Atmaram Nadkarni's den, for it not to look very obvious he has not long ago set up his symbolic own office not very far from that of his mentor.

 

H.D. Naik is Atmaram Nadkarni's Junior for donkey's many years but like the other side-kick Dattaprasad Lawande has also never argued any worthy matter independently possibly being busy doing the behind the scenes manipulation chores for their boss.  Even when in Court, the attachment to their boss is all-too-evident.

 

Though the Advocate General cannot be appearing in matters against the Government Atmaram Nadkarni has been blatantly flouting this rule with impunity. He has devised his modus-operandi. In all high stake cases against the government, Advocate General Atmaram Nadkarni himself does all the ground work but on paper his very own H.D.Naik is the official lawyer for the litigant against the government. Can an Advocate General, who appears for a mining company, be expected to give honest opinion to the Government, when mining issues are at stake? What about the other mining companies, who have not engaged the Advocate General – would they not be ostracised: for failure to engage him and/or his bent of mind in favour of his private client?

 

It is whispered in the corridors of the Courts and even in the fish markets, that if you want to successfully file a petition against the government you have to first meet the Advocate General himself who would prescribe you which advocate to engage. H.D. Naik would be his recommendation in most cases. And in certain cases, even the Senior Counsel from out of Goa would be indicated. And once the deal is cracked with the stage set for the fixing, Advocate General Atmaram Nadkarni through his theatrics would deviously ensure the petition against the government a safe sailing and happy landing. 

 

With so much of moolah flowing into Atmaram Nadkarni's three floor state of the art office on 18th June road it ordinarily would have required a currency counting machine but with very experienced hands by way of  H.D.Naik and Dattaprasad Lawande the count is swift and flawless.

 

The muck in the Advocate General's office cannot get any worse. The high constitutional post has been disgraced with the loud and clear mantra being 100% tolerance to corruption. Ironically Atmaram Nadkarni who projects himself to be extremely spiritual bows before every religious shrine he passes by. Is it to seek forgiveness for his acts of omission and commission?

 

By the way we do not need the Ram Sene in Goa. But Manohar Parrikar could outsource to Pramod Muthalik the task of driving the Casinos out of the River Mandovi and also the job of fumigating the Advocate General's office.



On Sun, Jun 29, 2014 at 4:13 AM, Yash Pal Chopra <yashpal_chopra@yahoo.co.in> wrote:
An implementable suggestion.
Pl fwd it to Mr Modi/PMO.
Col Y P Chopra ( Retd )


On Sunday, 29 June 2014 12:56 AM, M.N.Seshadri <manavasi.seshadri@gmail.com> wrote:


  I am  of the firm opinion, that drastic changes can only be brought about by the man in charge. . 99 % of our parliamentarians have been enjoying themselves  by granting themselves more pay and perks . They have not been bothered about the country . Majority of these politicians have been looking after themselves and have become richer . But a real strong PM can change things .    Seshadri
 
From: Yegneshwar Balakrishnan [mailto:ybala2@yahoo.com]
Sent: Saturday, June 28, 2014 8:07 PM
To: M.N.Seshadri; indiaresists@lists.riseup.net; 'Sumanth Raman'; trjawahar@gmail.com; dgjg Jsr group
Subject: Re: ideas for the new Govt.
 
Our knowledge on these issues is too shallow to engender any worthwhile ideas for the Govt. to follow.
Unless ideas to change systems wholesale have to come from the parliamentarians for proper discussion in all their ramifications and follow-up action by the Govt.
Cheers.
YB
 
From: M.N.Seshadri <manavasi.seshadri@gmail.com>
To: indiaresists@lists.riseup.net; 'Sumanth Raman' <sumanthcraman@gmail.com>; trjawahar@gmail.com
Sent: Saturday, 28 June 2014 12:01 PM
Subject:
 
Dear Friends,
 
I was pleasantly surprised to learn the views of AK Antony  regarding secularism as pracised by our great super leaders of the Congress party .  Presently referred to as " Family " .If Mulayam and Lallu and recently even Nitish  appreciate that point of view it can only be due to their feeling if helplessness and they are behaving like  the drowning man clutching a bit of straw !!  If like Paswan,  had they  predicted the mood of the nation , I am 100 % certain that these fellows also would have joined the band wagon  like quite a few small parties in Tamil Nadu and even Andhra Pradesh ( Now Telengana Seemandra ) .  Now for a serious study concerning our economy.
 Now that Modi is firmly in the saddle for the next 5 years at least , a comprehensive study of the existing system of PDS  in all the states is called for. Will someone like Nadan Nilkheni take this up and find out the cost of presently existing PDS, which should include cost of the shops ( must be several Lakhs in number  ) , cost of procurement and moving the food grains to these PDS shops,  and the cost of ensuring proper distribution to the targeted citizens, cost of prevention of pilferage , and finally the cost of man power required to manage the PDS.
Here again we should ask Nandan to value ( quantify ) the waste of man hours due enormous waiting time in the Q by millions of our citizens..
We should also check whether this kind of giving subsidized food items to the POOR exist anywhere else in the World.  I am keen to learn the systems in vogue in our neighboring countries like Sri Lanka and Nepal and so on.
I would like the   intellectuals and great economists like Swaminathan Iyer, and people like Chetan Bhagat ,  come out with valid ideas like giving coupons to the really deserving poor for him to draw his requirement of food from the existing super markets and private grocery shops. .I feel that such a system will result in enormous savings plus ,devoid  of  any pilferage and leakage. The only result can be the cadres of our political parties who were benefitting  in the present system may feel uncomfortable !!
I  have seen  use of such coupons in the UK for giving lunch to the employees of some companies. This has in fact resulted in lot of saving to such companies who were earlier giving lunch in their own canteens !!
May I invite comments and suggestions on this from my friends  and   IAC as well.
Also we should critically examine the existing system of LPG distribution. I feel we are following the most inefficient and expensive system of  supplying gas for the kitchen . The best way is through well maintained pipe lines in cities and in far off rural areas by supplying gas in big containers positioned in the usage spot which could be filled once in six months.  This is what is happening in the US .     Comments and suggestions please . Thanks Seshadri
 

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--

Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006


Mobile No: 9822684372


Office Tel  No: (0832) 2444012

Email: airesrodrigues1@gmail.com

                         Or

           airesrodrigues@yahoo.com


You can also reach me on


Facebook.com/ AiresRodrigues


Twitter@rodrigues_aires


Re: [IAC#RG] Child Rights are Shams in India

Today Schools have become the most commercial establishments to mint money without doing their job.There is a need to monitor the strengths and weaknesses of every child as a part of their curriculum . 
 In such cases Teachers  also need to be made Accountable , Responsible and above all Transparent  to bring out the valid reasons for their  failure particularly in academics . The most important is to seek the opinion of  the School Authorities that how far the change will come  by not  promoting  the child if they do not have required  strengths .

Brig J S Ahuja

 


On Sat, Jun 28, 2014 at 9:50 PM, Vishal Pandey <pandey.vishal@icai.org> wrote:
Ankit, here I would clarify you that not all children become doctors, engineers, etc. The higher education is only for the students who wish to obtain it, and it should only be given on merit basis. However the goal of primary education is not to acquire special knowledge but to make children a responsible citizens of a country who are aware of their rights and duties. By learning complex formula in mathematics or science one would not become responsible citizen of country. If this would happen then all officials sitting at higher posts would have been very honest, responsible and sincere. But this is not case. The role of primary education is to culminate ethical values in child. The role of primary education is completely different from higher education. Foreign countries have understood this concept so they have make primary education compulsory and expressly barred failing of student in primary classes and treating it as corporal punishment. But in India, philosophy is different. People in India still think that role of primary education is to prepare children for higher education. But people fail to understand that this role is only one of the many roles of primary education. We have copied the concept of Right to Education from foreign but still do not know its basic underlying philosophy therefore still debating this concept.

Sent from my iPhone

> On 28-Jun-2014, at 6:54 pm, Ankit Khetan <ankkhe2002@yahoo.co.in> wrote:
>
> Sorry but I don't agree with your view. Failing a child should not be included in the corporal punishment. If the child is not able to understand the basic subject & by promoting him/her you are asking to give higher knowledge will be actually a mental pressure for the child. Yes the valid reason for the failure may be questioned but 1st promoting the child without his/her strength then demanding reservation for the child is the ill logic.
>
> Ankit Khetan
> India
>
>> On Jun 27, 2014 5:32 PM, Vishal Pandey <pandey.vishal@icai.org> wrote:
>>
>> Child rights have just become shams in India. The incident here relates to unaided minority schools, which have been granted exemption from RTE Act by the Supreme Court of India. This implies that now unaided minority schools enjoy relentless powers in their functioning and they can play havoc with children studying in their school. They can expel the children from their schools; they can give punishment to children of primary classes by failing them and not promoting them to next classes. And all these illegal and unethical acts are held to be legal by our courts. In a recent case is The Frank Anthony Public School, Lajpat Nagar – IV, New Delhi – 110024 – an unaided minority school has failed a child named Himanshu Pandey (12 years old) in class VII. The matter go to High Court of Delhi (Writ Petition Civil No. 3656 of 2014) and court ordered that as school is unaided minority school, RTE Act is not applicable to them so court cannot do anything in this matter.
>>
>>
>>
>> Failing of children is a corporal punishment since failed students face mental trauma. UNICEF (A UN Body) has defined corporal punishment so as to include mental punishment. By failing children who are below the age of 14, these unaided minority schools are giving corporal punishment to children and nobody can even stop them legally.
>>
>>
>>
>> It is pertinent to mention that there are so many unaided minority schools (that is Christian Schools, Sikhs Schools, etc.) alone in Delhi and they are affiliated to CBSE and ISC Board and many children are studying in these schools. The children studying in these schools do not come from particular religion but from all religions and categories. This situation has created the ground for unjust treatment of all those children who are studying in these unaided minority institutions. Exemption from RTE Act shall give these schools unfettered power to infringe and breach rights of those children who are already studying in these schools. It is pertinent to mention that these students are the children of India and they have fundamental rights to enjoy all those privileges and rights, which are enjoyed by other children of India. Can any unjust and corporal punishment be given to children merely on the fact that they are studying in these unaided minority schools. This power in the hand of unaided minority schools would create ground for discriminatory and unjust practices against the children studying in these schools.
>>
>>
>>
>> It is pertinent to mention that there is severe shortage of schools in India especially in Delhi. Due to these shortages, all schools are already in dominant position. Beside this situation, this relentless power that is exemption from RTE in the hand of unaided minority schools make situation worse.
>>
>>
>>
>> In the end it is pertinent to mention that any form of punishment (i.e. physical or mental) especially to child below the age of 14 is expressly barred everywhere in the world. But in India, courts are expressly allowing it. Are our courts have become so insensitive toward child rights or child rights have just become shams in India.
>>
>>
>> Attachment:
>>
>> Copy of High Court Order
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Re: [IAC#RG] Fwd: BJP's attempt to compromise the independence of the judiciary

Dear Mr. Chakravarty

This is not a letter to this email list.

It is the text of an official Press Release of the Aam Aadmi Party
which Aam Aadmi Party website claims is written by their founder Sr.
Advocate Shanti Bhushan ji.

http://aamaadmiparty.org/bjps-attempt-to-compromise-the-independence-of-the-judiciary

Sarbajit

On 6/28/14, Pranab Kumar Chakravarty <pranabkumar.chakravarty@gmail.com> wrote:
> MAY I KNOW IF THE LETTER IS PENNED BY GENUINE ASHANT BHUSHAN,EMINENT LAWYER
> AND FORMER UNION LAW MINISTER WITH SOCIALIST BACKGROUND ?
>
>
> On 28 June 2014 00:13, Shail Bansal <shailbansalb@gmail.com> wrote:
>
>> Given below is the statement issued by Mr Shanti Bhushan, one of India's
>> seniormost lawyers, former union law minister and Aam Aadmi Party's
>> founder, on the issue of Mr Gopal Subramaniam, withdrawing his name from
>> the list of those who were recommended by the Supreme Court collegium for
>> appointment as a Supreme Court Judge :

Re: [IAC#RG] Mafia Tatkal Reservation

ankit ji,
please file complaint with railway minister and chairman railway board


On Sat, Jun 28, 2014 at 9:46 PM, Shanti Bhushan <shantibhush@gmail.com> wrote:
This needs an enquiry by some senior Raiway Officer.

Sent from my iPad

On Jun 28, 2014, at 11:57 AM, Ankit Khetan <ankkhe2002@yahoo.co.in> wrote:

> Today while I have gone to book the ticket in the railway reservation counter , I have seen that more than 15 - 20 tatkal tickets were already booked by the counter before 10am. The tatkal ticket booking was already started since 9:45 am.
> Is this the tatkal reservation or Mafia Tatkal.
> What actually was happening could any one who has knowledge of this system please simplify it.....
> How all the tatkal tickets is finished till 10:01 am....
>
> Ankit Khetan
> India
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--
Dr. Sandeep Kumar Gupta
1722, Sector 14, Hisar-125001, INDIA
Phone: 91-99929-31181




Re: [IAC#RG] Fwd: BJP's attempt to compromise the independence of the judiciary

Yes it is by genuine ASHANT Bhushan.

Sent from my iPad

On Jun 28, 2014, at 8:45 PM, Pranab Kumar Chakravarty <pranabkumar.chakravarty@gmail.com> wrote:

MAY I KNOW IF THE LETTER IS PENNED BY GENUINE ASHANT BHUSHAN,EMINENT LAWYER AND FORMER UNION LAW MINISTER WITH SOCIALIST BACKGROUND ?


On 28 June 2014 00:13, Shail Bansal <shailbansalb@gmail.com> wrote:

Given below is the statement issued by Mr Shanti Bhushan, one of India's seniormost lawyers, former union law minister and Aam Aadmi Party's founder, on the issue of Mr Gopal Subramaniam, withdrawing his name from the list of those who were recommended by the Supreme Court collegium for appointment as a Supreme Court Judge :

 BJP's attempt to compromise the independence of the judiciary : 

The letter of Gopal Subramaniam to the Chief Justice of India (CJI) withdrawing his consent for appointment as a judge of the Supreme Court has created quite a furore in the country.People are getting reminded of 1973 when Indira Gandhi directed Mohan Kumaramangalam to take steps to have a committed judiciary.   

It is quite clear that the CBI and the IB have been induced to do a hatchet job for the BJP which was angry with Gopal Subramaniam as an Amicus appointed by the Supreme Court for taking a tough stand in the Sohrabuddin, Kauser Bi and Tulsiram Prajapati fake encounter cases, in which Amit Shah the blue eyed boy of Narendra Modi has been chargesheeted.

The  BJP has always insisted that the CBI was always a tool of the congress government. We had also seen this repeatedly in the corruption cases against Mayawati and Mulayam Singh Yadav. The CBI and the IB have raised two questions about the suitability of Subramaniam.

The first reason given by the government for opposing Subramaniam's appointment is ridiculous. The government says that a conversation between Radia and some third person shows Subramaniam in a poor light. On the contrary, the conversation between Radia and Ratan Tata where his name is mentioned shows him in a very favourable light, since Radia says "I am not sure that he (Subramaniam) will agree to what they say. He is an upright person. I think Raja will be trying to get the AG (Vahanvati)".

In fact, the Radia tapes contain a deadly conversation between Radia and the former Finance Secretary N.K. Singh who was then a member of the Rajya Sabha and is now a prominent member of the BJP is found acting as an agent of Mukesh Ambani and conspiring with her about how to get a provision introduced in the Finance Bill to give a retrospective Tax concession to Mukesh Ambanis's company passed. He tells Radia about how he has managed to get the BJP leadership to replace Arun Shourie who was going to oppose the bill, by Venkaiah Naidu (former President of the BJP), who was found to be close to the Reliance President and who was told to support this bill. Arun Shourie in his interview with Karan Thapar confirmed the truth of these events. Instead of taking action against those in the BJP leadership who are caught in the Radia tapes as being agents of Ambani, the government has targeted an independent lawyer by using the bogey of his name being merely mentioned in the Radia tapes.

So far as the other reason given by the government is concerned, ie meeting the lawyer of Raja in his chamber, I do not think that there is anything unprofessional in such a meeting in the presence of CBI officers. An allegation of this type is absurd.

I have observed the career of Subramaniam since the beginning with considerable intellect and I have found him to have the highest professional rectitude, a keen interest and a capacity for hard work. It is indeed unfortunate that the country has lost the opportunity of having a great judge in the Supreme Court and the BJP needs to be roundly condemned for this. If this government continues in this vein, they will have the same fate as Mrs. Gandhi's 1971 government.

Shanti Bhushan


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Re: [IAC#RG] Mafia Tatkal Reservation

Ticket reservation itself seems to be a mafia. Railway ministry need to open up eyes

Sent from my iPhone

> On 28-Jun-2014, at 21:46, Shanti Bhushan <shantibhush@gmail.com> wrote:
>
> This needs an enquiry by some senior Raiway Officer.
>
> Sent from my iPad
>
>> On Jun 28, 2014, at 11:57 AM, Ankit Khetan <ankkhe2002@yahoo.co.in> wrote:
>>
>> Today while I have gone to book the ticket in the railway reservation counter , I have seen that more than 15 - 20 tatkal tickets were already booked by the counter before 10am. The tatkal ticket booking was already started since 9:45 am.
>> Is this the tatkal reservation or Mafia Tatkal.
>> What actually was happening could any one who has knowledge of this system please simplify it.....
>> How all the tatkal tickets is finished till 10:01 am....
>>
>> Ankit Khetan
>> India
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Re: [IAC#RG] SUPREME COURT CRYING FOR JUSTICE

jai hind sir 

we have made a platform to raise voice against judiciary as 20% judges were corrupt and rs 2620/- crore was taken as bribe in the courts . we are having a complete website on any issue i want you to help us so that general public come to know about the filthy system of judiciary i need content articles cases etc. which we can publish in our website .

website is www.saworg.com .....in govt and its agencies we want you to share your views in this regardi would like to request you to please give your valuable suggestions and guide us to educate the people of india. website is stil under construction in reality bytes we want to start how they are working and what should be done to make judiciary responsible 

thanks and regards
amandeep singh
president swatantra awaz welfare org. regd. 
punjab 


9316929321

thanks and regards 


On Thu, Jun 26, 2014 at 8:45 PM, Dr. J. K. Chaudhry <jkchaudhry@gmail.com> wrote:
There are well known cases,where judgement wasNEVER delivered by Supreme Court.
Do you believe?
Devi Lal oath of office in union cabinet.
J.K.Chaudhry

Sent from my iPad

On Jun 25, 2014, at 9:02 AM, Gopalarao Rao <gvgrao33@gmail.com> wrote:

It is said that justice delayed is justice denied. There is one case pending in the high court for the last 7 yrs and GOK when the judgement will be issued also whether it will be delivered during my life time ( I am now 81)
Some one from the high court may know my plight.

Sent from my iPad

On Jun 21, 2014, at 10:12 PM, Ravindran P M <raviforjustice@gmail.com> wrote:

It is the courts and courts only which are responsible not only for the subversion of the justice delivery system but for the increasing lawlessness and crimes. Just ask how many times the apex court had entertained bail applications of Raja and Kanimozhi? And now they are shamelessly trying to pass on the buck to the Parliament. Why courts, even quasi judicial organisation have been following the bad example of courts and have been only draining the exchequer without delivering even 1 percent of what they are tasked to deliver. The district forum in Palakkad had been adjourning a consumer complaint of a complainant in the adjoining district involving a doctor for years on end. Almost after ten years I sought info on the status of the complaint. I got the info that it is pending. But at the next date for hearing it was dismissed! I complained to the minister for consumer affairs and the chief minister here. Nothing happened, except that in response to the complaint to the CM the President of the Forum said that the stipulation of three months for disposing a complaint is only a guideline and that was it! For details please read my blogs:

Obnoxious functioning of consumer fora/commissions- letter to minister (of 8/1/11) at 



FRAUD IN GOVERNANCE AND REDRESSAL OF PUBLIC GRIEVANCES at

Eight years of right to information: Are those responsible for governance idiots or traitors? at

and more...

regards n bw

ravi


On Mon, Jun 16, 2014 at 9:41 AM, Forum for Fast Justice <fastjustice@gmail.com> wrote:


SUPREME COURT CRYING FOR JUSTICE


Appex Court appeals to the Parliament for legislating appropriate laws and to the Government for rationalising decision making process for stemming vicious and frivolous cases and appeals being filed. Read the last paras in the Surbroto Roy Sahara's recent Supreme Court Judgement.


(Bhagvanji Raiyani)

Chairman & Managing Trustee

Forum For Fast Justice



"REPORTABLE"

IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRIMINAL) NO. 57 OF 2014


Subrata Roy Sahara …. Petitioner

versus

Union of India and others …. Respondents


J U D G M E N T

Jagdish Singh Khehar, J.



149. A lot of these hearings consumed this Court's full working day. Hearing of the main case, consumed one full part, of the entire summer vacation (of the Supreme Court) of the year 2012. For the various orders passed by us, including the order dated 31.8.2012 (running into 269 printed pages) and the present order (running into 205 printed pages), substantial Judge hours were consumed. In this country, judicial orders are prepared, beyond Court hours, or on non-working days. It is apparent, that not a hundred, but hundreds of Judge hours, came to be spent in the instant single Sahara Group litigation, just at the hands of the Supreme Court. This abuse of the judicial process, needs to be remedied. We are, therefore of the considered view, that the legislature needs to give a thought, to a very serious malady, which has made strong inroads into the Indian judicial system.

150. The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims. One needs to keep in mind, that in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into defeat, for no fault of his. He spends invaluable time briefing counsel and preparing them for his claim. Time which he should have spent at work, or with his family, is lost, for no fault of his. Should a litigant not be compensated for, what he has lost, for no fault? The suggestion to the legislature is, that a litigant who has succeeded, must be compensated by the one, who has lost. The suggestion to the legislature is to formulate a mechanism, that anyone who initiates and continues a litigation senselessly, pays for the same. It is suggested that the legislature should consider the introduction of a "Code of Compulsory Costs".

151. We should not be taken to have suggested, that the cost of litigation should be enhanced. It is not our suggestion, that Court fee or other litigation related costs, should be raised. Access to justice and related costs, should be as free and as low, as possible. What is sought to be redressed is a habituation, to press illegitimate claims. This practice and pattern is so rampant, that in most cases, disputes which ought to have been settled in no time at all, before the first Court of incidence, are prolonged endlessly, for years and years, and from Court to Court, upto the highest Court.

152. This abuse of the judicial process is not limited to any particular class of litigants. The State and its agencies litigate endlessly upto the highest Court, just because of the lack of responsibility, to take decisions. So much so, that we have started to entertain the impression, that all administrative and executive decision making, are being left to Courts, just for that reason. In private litigation as well, the concerned litigant would continue to approach the higher Court, despite the fact that he had lost in every Court hitherto before. The effort is not to discourage a litigant, in whose perception, his cause is fair and legitimate. The effort is only to introduce consequences, if the litigant's perception was incorrect, and if his cause is found to be, not fair and legitimate, he must pay for the same. In the present setting of the adjudicatory process, a litigant, no matter how irresponsible he is, suffers no consequences. Every litigant, therefore likes to take a chance, even when counsel's advice is otherwise.

153. Does the concerned litigant realize, that the litigant on the other side has had to defend himself, from Court to Court, and has had to incur expenses towards such defence? And there are some litigants who continue to pursue senseless and ill-considered claims, to somehow or the other, defeat the process of law. The present case, is a classic illustration of what we wish to express. Herein the regulating authority has had to suffer litigation from Court to Court, incurring public expense in its defence, against frivolous litigation. Every order was consistently and systematically disobeyed. Every order passed by the SEBI was assailed before the next higher authority, and then before this Court. Even though High Courts have no jurisdiction, in respect of issues regulated by the SEBI Act, some matters were taken to the High Court of Judicature at Allahabad (before its Lucknow Bench). Every such endeavour resulted in failure, and was also sometimes, accompanied with strictures. Even after the matter had concluded, after the controversy had attained finality, the judicial process is still being abused, for close to two years. A conscious effort on the part of the legislature in this behalf, would serve several purposes. It would, besides everything else, reduce frivolous litigation. When the litigating party understands, that it would have to compensate the party which succeeds, unnecessary litigation will be substantially reduced. At the end of the day, Court time lost is a direct loss to the nation. It is about time, that the legislature should evolve ways and means to curtail this unmindful activity. We are sure, that an eventual determination, one way or the other, would be in the best interest of this country, as also, its countrymen.

…………………………….J.

(K.S. Radhakrishnan)

…………………………….J.

(Jagdish Singh Khehar)

New Delhi;

May 6, 2014.



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--
Veteran Major P M Ravindran
 
You may also like to visit:
'Judiciary Watch' at www.vigilonline.com 

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Re: [IAC#RG] Fwd: BJP's attempt to compromise the independence of the judiciary

Hello:

Thanks for the information. Is there any way to directly contact Mr. Shanti Bhushan? I want to bring to his attention some important points concerning the law suite presently argued in the Bombay High Court about the succession issue in the Muslim Shia Bohra community. Bohra priesthood is totally corrupt and running a billion rupees business in the name of religion.

With kind regards,

ikp


On Sat, Jun 28, 2014 at 8:15 AM, Pranab Kumar Chakravarty <pranabkumar.chakravarty@gmail.com> wrote:
MAY I KNOW IF THE LETTER IS PENNED BY GENUINE ASHANT BHUSHAN,EMINENT LAWYER AND FORMER UNION LAW MINISTER WITH SOCIALIST BACKGROUND ?


On 28 June 2014 00:13, Shail Bansal <shailbansalb@gmail.com> wrote:

Given below is the statement issued by Mr Shanti Bhushan, one of India's seniormost lawyers, former union law minister and Aam Aadmi Party's founder, on the issue of Mr Gopal Subramaniam, withdrawing his name from the list of those who were recommended by the Supreme Court collegium for appointment as a Supreme Court Judge :

 BJP's attempt to compromise the independence of the judiciary : 

The letter of Gopal Subramaniam to the Chief Justice of India (CJI) withdrawing his consent for appointment as a judge of the Supreme Court has created quite a furore in the country.People are getting reminded of 1973 when Indira Gandhi directed Mohan Kumaramangalam to take steps to have a committed judiciary.   

It is quite clear that the CBI and the IB have been induced to do a hatchet job for the BJP which was angry with Gopal Subramaniam as an Amicus appointed by the Supreme Court for taking a tough stand in the Sohrabuddin, Kauser Bi and Tulsiram Prajapati fake encounter cases, in which Amit Shah the blue eyed boy of Narendra Modi has been chargesheeted.

The  BJP has always insisted that the CBI was always a tool of the congress government. We had also seen this repeatedly in the corruption cases against Mayawati and Mulayam Singh Yadav. The CBI and the IB have raised two questions about the suitability of Subramaniam.

The first reason given by the government for opposing Subramaniam's appointment is ridiculous. The government says that a conversation between Radia and some third person shows Subramaniam in a poor light. On the contrary, the conversation between Radia and Ratan Tata where his name is mentioned shows him in a very favourable light, since Radia says "I am not sure that he (Subramaniam) will agree to what they say. He is an upright person. I think Raja will be trying to get the AG (Vahanvati)".

In fact, the Radia tapes contain a deadly conversation between Radia and the former Finance Secretary N.K. Singh who was then a member of the Rajya Sabha and is now a prominent member of the BJP is found acting as an agent of Mukesh Ambani and conspiring with her about how to get a provision introduced in the Finance Bill to give a retrospective Tax concession to Mukesh Ambanis's company passed. He tells Radia about how he has managed to get the BJP leadership to replace Arun Shourie who was going to oppose the bill, by Venkaiah Naidu (former President of the BJP), who was found to be close to the Reliance President and who was told to support this bill. Arun Shourie in his interview with Karan Thapar confirmed the truth of these events. Instead of taking action against those in the BJP leadership who are caught in the Radia tapes as being agents of Ambani, the government has targeted an independent lawyer by using the bogey of his name being merely mentioned in the Radia tapes.

So far as the other reason given by the government is concerned, ie meeting the lawyer of Raja in his chamber, I do not think that there is anything unprofessional in such a meeting in the presence of CBI officers. An allegation of this type is absurd.

I have observed the career of Subramaniam since the beginning with considerable intellect and I have found him to have the highest professional rectitude, a keen interest and a capacity for hard work. It is indeed unfortunate that the country has lost the opportunity of having a great judge in the Supreme Court and the BJP needs to be roundly condemned for this. If this government continues in this vein, they will have the same fate as Mrs. Gandhi's 1971 government.

Shanti Bhushan


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--
Ismail Poonawala
Professor of Arabic & Islamic Studies
UCLA
Los Angeles, CA 90095

Re: [IAC#RG] ideas for the new Govt.

An implementable suggestion.
Pl fwd it to Mr Modi/PMO.
Col Y P Chopra ( Retd )


On Sunday, 29 June 2014 12:56 AM, M.N.Seshadri <manavasi.seshadri@gmail.com> wrote:


  I am  of the firm opinion, that drastic changes can only be brought about by the man in charge. . 99 % of our parliamentarians have been enjoying themselves  by granting themselves more pay and perks . They have not been bothered about the country . Majority of these politicians have been looking after themselves and have become richer . But a real strong PM can change things .    Seshadri
 
From: Yegneshwar Balakrishnan [mailto:ybala2@yahoo.com]
Sent: Saturday, June 28, 2014 8:07 PM
To: M.N.Seshadri; indiaresists@lists.riseup.net; 'Sumanth Raman'; trjawahar@gmail.com; dgjg Jsr group
Subject: Re: ideas for the new Govt.
 
Our knowledge on these issues is too shallow to engender any worthwhile ideas for the Govt. to follow.
Unless ideas to change systems wholesale have to come from the parliamentarians for proper discussion in all their ramifications and follow-up action by the Govt.
Cheers.
YB
 
From: M.N.Seshadri <manavasi.seshadri@gmail.com>
To: indiaresists@lists.riseup.net; 'Sumanth Raman' <sumanthcraman@gmail.com>; trjawahar@gmail.com
Sent: Saturday, 28 June 2014 12:01 PM
Subject:
 
Dear Friends,
 
I was pleasantly surprised to learn the views of AK Antony  regarding secularism as pracised by our great super leaders of the Congress party .  Presently referred to as " Family " .If Mulayam and Lallu and recently even Nitish  appreciate that point of view it can only be due to their feeling if helplessness and they are behaving like  the drowning man clutching a bit of straw !!  If like Paswan,  had they  predicted the mood of the nation , I am 100 % certain that these fellows also would have joined the band wagon  like quite a few small parties in Tamil Nadu and even Andhra Pradesh ( Now Telengana Seemandra ) .  Now for a serious study concerning our economy.
 Now that Modi is firmly in the saddle for the next 5 years at least , a comprehensive study of the existing system of PDS  in all the states is called for. Will someone like Nadan Nilkheni take this up and find out the cost of presently existing PDS, which should include cost of the shops ( must be several Lakhs in number  ) , cost of procurement and moving the food grains to these PDS shops,  and the cost of ensuring proper distribution to the targeted citizens, cost of prevention of pilferage , and finally the cost of man power required to manage the PDS.
Here again we should ask Nandan to value ( quantify ) the waste of man hours due enormous waiting time in the Q by millions of our citizens..
We should also check whether this kind of giving subsidized food items to the POOR exist anywhere else in the World.  I am keen to learn the systems in vogue in our neighboring countries like Sri Lanka and Nepal and so on.
I would like the   intellectuals and great economists like Swaminathan Iyer, and people like Chetan Bhagat ,  come out with valid ideas like giving coupons to the really deserving poor for him to draw his requirement of food from the existing super markets and private grocery shops. .I feel that such a system will result in enormous savings plus ,devoid  of  any pilferage and leakage. The only result can be the cadres of our political parties who were benefitting  in the present system may feel uncomfortable !!
I  have seen  use of such coupons in the UK for giving lunch to the employees of some companies. This has in fact resulted in lot of saving to such companies who were earlier giving lunch in their own canteens !!
May I invite comments and suggestions on this from my friends  and   IAC as well.
Also we should critically examine the existing system of LPG distribution. I feel we are following the most inefficient and expensive system of  supplying gas for the kitchen . The best way is through well maintained pipe lines in cities and in far off rural areas by supplying gas in big containers positioned in the usage spot which could be filled once in six months.  This is what is happening in the US .     Comments and suggestions please . Thanks Seshadri
 

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RE: [IAC#RG] Mafia Tatkal Reservation

If one is thinking and acting the way AAP supporters did, God help them. If one is truly conscientious in changing not only self bot their surroundings in India, must utilize their common sense. One of the profoundly experienced indian citizen, Shri Shantibhushan has also suggested to do what any person with little common sense will do.

Respectfully,

Dr. Kumar Arun
Michigan (USA) 

From: shantibhush@gmail.com
Date: Sat, 28 Jun 2014 21:46:49 +0530
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] Mafia Tatkal Reservation

This needs an enquiry by some senior Raiway Officer.

Sent from my iPad

On Jun 28, 2014, at 11:57 AM, Ankit Khetan <ankkhe2002@yahoo.co.in> wrote:

> Today while I have gone to book the ticket in the railway reservation counter , I have seen that more than 15 - 20 tatkal tickets were already booked by the counter before 10am. The tatkal ticket booking was already started since 9:45 am.
> Is this the tatkal reservation or Mafia Tatkal.
> What actually was happening could any one who has knowledge of this system please simplify it.....
> How all the tatkal tickets is finished till 10:01 am....
>
> Ankit Khetan
> India
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[IAC#RG] Fwd: CIC provides face saving cover to DoPT - Pankaj Shreyaskar given marching orders without inquiry

Dear Aid Legal

Thanks for finally getting Mr. Shreyaskar removed from CIC. I think its now time we move on to getting the corrupt ICs similarly removed.

For your ready reference the emails I and Mr. Karira of India Against Corruption have been sending on the same issue are appended at the bottom of your email. Boond boond se sagar etc..

Sarbajit

From: aid legal <rtilegalaid@gmail.com>
Date: Sat, Jun 28, 2014 at 9:49 PM
Subject: CIC provides face saving cover to DoPT - Pankaj Shreyaskar given marching orders without inquiry
To: sroy.mb@gmail.com

CIC provides face saving cover to DoPT–Pankaj Shreyaskar giving
marching orders without inquiry

1.      Consequent upon PMO reference regarding the conspiracy of illegal retention of Shri Pankaj Shreyaskar in CIC by unauthorisedly encadring his post by DoPT even after Shri V. Narayanasamy, Hon'ble Minister of State (PP) had rejected the request for his continuation in CIC after 6-6-2012, the CIC has at last issued marching orders to Shri Pankaj Shreyaskar on 24-2-2014 and directed him to report after 7-3-2014 to his parent cadre in the Ministry of Statistics and P.I.

2.  This is the second relieving order issued for him by CIC, the earlier one dated 6-6-2012 was neither implemented nor cancelled. Even his transfer order dated 28-5-2012 issued by his cadre controlling authority posting him in the Home Ministry was not implemented because of the influence he was wielding in the corridors of powers.

3.   Shri Pankaj Shreyaskar is facing number of allegations right from forging of documents, unauthorised removal of notesheets and documents from his personal file, fraudulently obtaining admission to regular Ph.D in JNU while NOC was issued by the competent authority for doing Ph.D on Part-time basis. Interestingly, there is no such Part-time Ph.D course in JNU. He is stated to have been attending classes in JNU since August 2013 from 9.30 a.m. to 4.00 p.m. (Monday to Friday), while he has also been attending CIC office during same office hours till last month. Magically, he was present at both places simultaneously till we made complaint to Hon'ble Prime Ministry about the ongoing conspiracy and thereafter, he proceeded on leave.

4.   The present relieving order for Pankaj Shreyaskar sent to the Director, Indian Statistical Service, MoSPI, has been issued by the CIC without holding any inquiry into the aforesaid alleged manipulations and corrupt practices of Shri Pankaj Shreyaskar thereby also providing a face saving cover to the DoPT for the illegalities committed by the DoPT in overreaching the order of its own Minister so as to manipulate the illegal continuation of Pankaj Shreyaskar in the CIC at the behest of a lobby of vested interests.

5.     The PMO reference and the response of the CIC are contained in the attached file. The response of the CIC to the PMO reference is quite diplomatic and conciliatory. CIC needs to be tough and transparent in such matters.


--
With kind regards

R.K. Jain
Phone : 011-24693001-3004
Fax  :      011-24635243
Mob :      9810077977


------
To:
Shri. Satyananda Mishra
Chief Information Commisisoner of India
Central Information Commission (at New Delhi)

BY EMAIL

21-July-2012

Respected Sir

I am caused to represent about the perverse and arbitrary listing of cases before your goodself for disposal when it concerns high level Respondents and the role of Mr.Pankaj Shreyaskar in this.

I am caused to represent to you by a letter addressed to yourself by one Mr. C.J.Karira dated 16.July.2012 which I have appended below, and which makes pointed allegations against Mr.Pankaj Shreyaskar and other CIC officers, but mainly against Mr.Shreyaskar.

As the details of "status" of complaints and appeals at the Central Information Commission is in the public domain, the citizens are pained to observe that your Registry is deliberately delaying hearing the appeals and complaints involving high profile Respondents. It is an open secret that Mr. Pankaj Shreyaskar is the person to be approached in the CIC to ensure that cases are delayed, files are lost or frivolous objections are raised. It is also an open secret that Mr.Shreyaskar, who has curiuosly been posted in Delhi at the CIC since as long as I can remember, was brought in by Mr.Wajahat Habibullah for the purpose of obfuscating and delaying high profile RTI requests when the previous officer, Dr. Munish Kumar, declined to be as pliable as Mr.Habibullah desired.

By way of example, let me cite an instance concerning Mr. Subhash Chandra Agrawal. In Feb/March 2011 Mr. Agrawal filed 3 or 4 2nd Appeals to you and also Smt. Sushma Singh. . Smt. Sushma Singh disposed of Mr. Agrawal's 3 cases within 3 months. On the other hand Mr. Agrawal's matter before yourself concerning the National Advisory Council was delayed for over 15 months and was only disposed of last week. 

Another such example is how Mr. Pankaj Shreyaskar and Mr. Habibullah between them ensured that 2nd appeals against the CBI concerninmg the QUATTROCHI investigations were never listed for disposal and files were repeatedly "lost" and CIC's computer records tampered with. After Mr. Habibullah demitted office, the "ruling powers" were constrained to ensure that CBI was taken out of RTI ambit to preclude the QUATTROCHI files from being disclosed under RTI process.

The inescapable conclusion is that something is very rotten in the Registry Section(s) of the Central Information Commission. Kindly take urgent steps to resolve such problems for the future. As a precondition, it would be desirable if Mr.Pankaj Shreyaskar's excessively long stay in Delhi at the Commission is shortened in the larger public interest and so that reform can go through.

I would be obliged if this email is acknowledged.

yours sincerely

Sarbajit Roy
B-59 Defence Colony
New Delhi 110024

---------- Forwarded message ----------
From: C K Jam <rtiwanted@yahoo.com>
Date: Fri, Jul 20, 2012 at 8:58 PM
Subject: Re: [HumJanenge] "Only 3 complaints lost in CIC since 2005" records IC(SG)
To: "humjanenge@googlegroups.com" <humjanenge@googlegroups.com>


To:                                                                    
Mr Satyananda Mishra                                          
Chief Information Commissioner                           
Central Information Commission                            
August Kranti Bhawan                                          
New Delhi                                                           
 
                                                                                Date: 16 July 2012
 
Dear Sir,
 
RE: LONG PENDING COMPLAINTS IN THE CENTRAL INFORMATION
      COMMISSION
 
Sir, for the last one year and on several occasions, I have brought to your notice my various Complaints which are long pending in the Commission.
 
Although you have given verbal instructions to various officers and staff, in my presence, to list these on a priority basis, it seems that your officers and staff are continuously trying to delay the listing of these complaints on one pretext ore the other.
 
The long pending Complaints are:
 
S. No.
Appeal/Complaint Nr.
Filing Date
Public Authority
1.
CIC/SM/A/2011/901282
19-01-2010
Allahabad High Court
2.
CIC/SM/A/2011/901284
19-01-2010
Andhra Pradesh High Court
3.
CIC/SM/A/2011/901286
19-01-2010
Guwahati High Court
4.
CIC/SM/A/2011/901287
19-01-2010
Chattisgarh High Court
5.
CIC/SM/A/2011/901288
19-01-2010
Gujarat High Court
6.
CIC/SM/A/2011/901290
20-01-2010
Himachal Pradesh High Court
7.
CIC/SM/A/2011/901293
21-01-2010
Jharkhand High Court
8.
CIC/SM/A/2011/901295
21-01-2010
MP High Court
9.
CIC/SM/A/2011/901285
23-01-2010
Madras High Court
10.
CIC/SM/A/2011/901289
24-01-2010
Orissa High Court
11.
CIC/SM/A/2011/901316
24-01-2010
Patna High Court
12.
CIC/SM/A/2011/901147
03-03-2010
Punjab & Haryana High Court
13.
CIC/SM/A/2011/91299
16-03-2010
Rajasthan High Court
14.
CIC/SM/A/2011/901300
25-04-2010
Sikkim High Court
15.
CIC/SM/A/2011/901302
25-04-2010
Uttarakhand High Court
 
 
As you can see from the above table, these have been pending for more than two and a half years !
 
If anyone in the Commission had bothered to open these complaints and even glanced at them casually, he would have realized the effort I have put in to prepare these complaints – each Complaint took me at least 3 to 4 days.
 
Firstly, these Complaints were "lost" by Mr Pankaj K P Shreyaskar, when he was Dpty. Registrar to the Ex CIC, Mr Wajahat Habibullah.
 
I was asked to resubmit the Complaints. The resubmitted Complaints were once again "lost". These were finally registered by Mr Vijay Bhalla, the present Dpty. Registrar.
 
I have tried my best to meet everyone from the Chief Information Commissioner in the Commission (including ex Chiefs Mr Habibullah and Mr Tiwari and yourself), Secretary (the past Secretary and the present Secretary), The Additional Secretary, Registrars, Designated Officers and Clerks, repeatedly and on several occasions even outside the Commission. I have written innumerable letters, emails and repeated reminders. But nothing has happened.
 
Since you became the Chief Information Commissioner in January 2011, I have met you in person, several times on this issue as well as sent written letters and reminders. Based on these, you have issued instructions to your officers and staff – but they have even disobeyed and disregarded your own instructions.
 
On December 28, 2011 while conducting a hearing against Ten High Courts on Section 4 suo moto disclosure, in the presence of at least twenty people, you instructed Mr Akash Deep Chakravarti, Mr Pankaj K P Shreyaskar and Mr Vijay Bhalla – to read these complaints, prepare a comparative chart and put up before you within 15 days. More than six months have passed, but they have still not done so.
 
During my last conversation with Mr Vijay Bhalla, about a month ago, I was informed that if he lists these long pending Complaints, Mr Akash Deep Chakravarti and Mr Pankaj K P Shreyaskar are threatening him that there will be "Contempt of Court", since there is a stay order from the Hon'ble Delhi High Court in relation to WP(C) 3530 of 2012, Order dated 23.05.2011 .
 
 
I have personally read that stay order from the Hon'ble Delhi High Court and it is obvious that the both Mr Chakravarti and Mr Shreyaskar are trying to shelter behind this particular stay order so that they can hide their inefficiency, lethargy and corrupt practices.
 
The stay order has nothing to do with the subject matter of my above long pending Complaints and it is clear that both Mr Chakravarti and Mr Shreyaskar have neither read any of my Complaints and nor have they understood the stay order from the Hon'ble Delhi High Court.
 
The only conclusions I can draw from this bitter experience is:
 
1.   That your officers and staff are corrupt and amenable to extraneous influences since they have intentionally lost these complaints twice and have also disobeyed your repeated instructions.
 
2.   Your officers and staff and Mr Pankaj K P Shreyaskar in particular, have some malicious vendetta against me because of which they are intentionally and deliberately trying to block the listing of these Complaints since 30 months.
 
3.   The officers and staff of the Commission are influenced by the "name and fame" of the complainant, since I have proof that other Complaints against the same public authorities, which have been filed much later than my complaints, have already been listed, heard and orders passed. Your officers and staff are therefore discriminating against me on the basis of some unknown reasons.
 
4.   Your officers and staff are disobedient to the extent that they do not even follow and obey your own instructions. Under Section 12(4) of the RTI Act 2005, "the general superintendence, direction and management of the affairs of the Central Information Commission" vests in you. It is a sad that the officers and staff of the Commission fail to abide by the instructions of even the Chief Information Commissioner himself, who is the head of the Commission.
 
5.   The Central Information Commission does not follow the "first come first served" principle in listing of Complaints. Your officers and staff are lethargic and oblivious of this principle of fair play OR are corrupt to the extent that they list matters pertaining to appellants/complainants because they have been "influenced" and "bought over" by vested interests.
 
I am present in Delhi on the 18th July 2012 for a hearing of four cases by your good self and request you for a personal meeting to resolve this issue once and for all.
 
Sadly, I have to state that this is the last attempt I am making to get these long pending cases listed and heard, because as you would have realized by now, the whole experience has been totally frustrating, bitter and a waste of time for me. Rather than waste my limited resources on the corrupt, inefficient, lethargic, incompetent, disobedient and insubordinate officers and staff of the Commission, it would be better if I spent them on training Citizens and PIOs in using the RTI Act properly and correctly - at least they have ears !
 
 
Thanking You,
 
 
 






From: Sarbajit Roy <sroy.mb@gmail.com>
To: humjanenge <humjanenge@googlegroups.com>
Sent: Tuesday, July 17, 2012 4:15 PM
Subject: [HumJanenge] "Only 3 complaints lost in CIC since 2005" records IC(SG)

CIC/SG/A/2012/000643
http://rti.india.gov.in/cic_decisions/CIC_SG_A_2012_000643_19270_M_84898.pdf

Respondent : Mr. Pankaj Shreyaskar,
CPIO & Director
Central Information Commission

"The Appellant states that he is extremely disappointed with the way
the Commission is working. He states that he has sent these complaints
number of times and any of his communication are being reported to be
lost. He expresses is anguish that if CIC cannot keep its records
properly how can, it set example for Public Authorities. The PIO
states that this is the only instance which is being reported and
there are no other instances which have been reported to the
Commission. The Commission recommends to the Secretary of the
commission to ensure that communication received from Appellant are
not lost and recorded properly."

Only 1 instance of CIC records not being maintained properly. <rol>
Q: Why didn't SG inquire into Pankaj Shreyaskar's bizarre statement.
Ans: Because for many years IC(SG) was responsible for digitisation of
the CIC's records.