Monday, February 4, 2013

[IAC#RG] End the neglect of the Military

Dear Sarabjit,

 

In the din of sqabbles between us, are we aware of the great threats looming over us? Unless corrected,the present political class,who already divided this great country, will lead us to disaster.

Please read;

 

 

Re: [IAC#RG] Ashish Nandy - "people from OBC, SC and ST communities most corrupt"

Rather than classify people as caste based to provide them with certain support systems that they very strongly need, the practical way forward would be to establish a education system in every nook and corner of the country where quality education will be free and compulsive. The Govt could incentivise the really poor people to study, give them more than what these children could earn if put to work by the parents, so that education becomes more lucrative than child labour.

All underprivilaged people of any caste or creed or geographical area in the country should have access to quality education. Second layer should be providing QUALITY technical education and vocational education to all who desires.

ALL further education and employment should be then on purely and strictly merit basis. This will ensure the real gems to be sorted and filtered ahead for different roles in our national economy.

Reservations could not change the vote banks in the past 64 years, it will not change anyones life even after. Only the corrupt find means to make money and indulge in more child labour in todays scenario.

Hope those who should, are listening. Wake up today so that you may not repent tomorrow.



On Fri, Feb 1, 2013 at 11:15 AM, Amit Karande <amit_karande@hotmail.co.uk> wrote:

Dear Sir,

On one hand you say there is no scientific data to support the of performance and delinquency of the classes and on the other hand you name certain politicians. Terming backward castes as most corrupt without any data is nothing but discrimination on the grounds only of caste, which is prohibited by the Constitution. In fact the words OBC ought not to have been used as the creamy layer is excuded and the politicians named cannot be said as belonging to OBC as such. The class of currupt is all together a different class which has no connection with caste. This prejudice against caste is dangerous and was least expected from a retired judge who has served on various posts.

"The tragedy is that these profound modifications in society through out the Country were not accompanied by a system of Surveys for maintaining Data of performance and delinquency of these privileged Castes and classes. So, even if reality stares in the face of the Nation, there is no scientific data to support a view whether or not these privileged Castes and Classes had been performing well or otherwise. To the names specified in your mail, a number of others can be added; some of them have come to the notice of Supreme Court like Mayavati and Mulayam Singh Yadav."

I hope the younger generation gets the light.

Adv. Amit A. Karande.
Bombay High Court.
102, 1st Floor, Ruby Mahal,
30-D, Cawasji Patel Street,
Opp. Yazdani Bakery,
Nr. Hutatma Chowk,
Fort, Mumbai - 01.
022 - 22021020.
9833517000.

 

From: justicekn@gmail.com
To: indiaresists@lists.riseup.net
Date: Tue, 29 Jan 2013 11:57:44 +0530
Subject: RE: [IAC#RG] Ashish Nandy - "people from OBC, SC and ST communities most corrupt"

That is the irony: Truth leads to persecution; many great men suffered because they were truthful, Mahatma Gandhi the most glaring example. There is a tragedy. During the times of freedom movement, considerations of caste were thrown aside so much so that a sizeable section of Students dropped their 'surname' while filling the High School Examination Form. In Courts too, Caste was dropped from the names of witnesses or parties. But in course of time, Caste considerations raised their head again, and the surnames reappeared.  Mandal Commission identified more than 3000 backward castes; the tribe continues to grow and there is no let up in demands for more Castes. Standards of Merit were compromised and Examination-pass marks or competition eligibility marks were studiously diluted. The tragedy is that these profound modifications in society through out the Country were not accompanied by a system of Surveys for maintaining Data of performance and delinquency of these privileged Castes and classes. So, even if reality stares in the face of the Nation, there is no scientific data to support a view whether or not these privileged Castes and Classes had been performing well or otherwise. To the names specified in your mail, a number of others can be added; some of them have come to the notice of Supreme Court like Mayavati and Mulayam Singh Yadav.

 

Apparently, there is a disconnect between the Fundamental  Right of Free Speech in Article 19 and the onerous provisions of the Act meant to provide special protection to Scheduled Caste persons by punishing others. Perhaps a popular demand can be made to institute a suitable Commission to probe into the realities of effects of special privileges granted to SC/ST/OBC so that  just and proper law may be framed to ensure dignity not only to SC/ST/OBC but also to common man- human dignity is a basic feature of the Constitution of India which Preamble clearly emphasises.

 

            May God show light to all concerned.

                                     KN

 

                   

 

 

 

 

 

From the Desk of :

Justice Kamleshwar Nath

Retd.

:

Up-Lokayukta ( Karnataka ),

Vice Chairman – C.A.T ( Allahabad ),

Judge – High Court ( Lucknow & Allahabad )

Address

:

`Gunjan', C - 105, Niralanagar, Lucknow : 226 020. Uttar Pradesh, India

Phone(s)

:

+91-522-2789033 & +91-522-4016459. Mobile : +91-9415010746

 


From: indiaresists-request@lists.riseup.net [mailto:indiaresists-request@lists.riseup.net] On Behalf Of DR MC GEORGE
Sent: Monday, January 28, 2013 7:43 PM
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] Ashish Nandy - "people from OBC, SC and ST communities most corrupt"

 

             Hello friends

                Ashis Nandy has come to his own conclusion after the scale of corruption by Mayavathy, Lalu, Karunanidhi, and others who succeeded to the positions of power in the name of community or castes. Can anybody claim that they have been following clean rule or they have tried to improve the lot of their community/castes?. They utilised the oppurtunities to explore new and modern styles of corrupt practices for their own personnel or family interests. A comparison to the extent of corruption between communitiy and castes combination may not be authentic so much so it may be an exageration to put one is more corrupt than the other. Anyway the fact remains that our rulers are all following the path of corruption irrespective of their community or caste.

Dr.M.C.GEORGE,ADVOCATE.  

--- On Sat, 26/1/13, Virender Bhogal <vbhogal@gmail.com> wrote:


From: Virender Bhogal <vbhogal@gmail.com>
Subject: Re: [IAC#RG] Ashish Nandy - "people from OBC, SC and ST communities most corrupt"
To: indiaresists@lists.riseup.net
Date: Saturday, 26 January, 2013, 10:39 PM

My question is - Is the police going to investigate whether the statement was made or whether the statement is true.  Can a person by cited for making a true verifiable statement about a section of society even if it is derogatory.

 

Virender 

On Sat, Jan 26, 2013 at 8:23 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

http://zeenews.india.com/news/rajasthan/ashish-nandy-s-comments-on-sc/sts-create-furore-at-jaipur-lit-fest_825132.html

Jaipur/New Delhi: Noted author Ashis Nandy on Saturday kicked up a storm with his comments that people from OBC, SC and ST communities were the "most corrupt", remarks that came under all round attack.

Hours after Nandy made the remarks at the ongoing Jaipur Literature Festival, an FIR was lodged with the police against him in Jaipur under Section 506 IPC (criminal intimidation) and the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act. The FIR was filed by Rajpal Meena, Chairperson of the SC/ST Rajasthan Manch and the matter will be investigated, police said.

"It is a fact that most of the corrupt come from OBCs and Scheduled Castes and now increasingly the Scheduled Tribes," he said participating in a session at the Festival.


Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in




--
Virender Bhogal
+1 206 218 4660


This e-mail and any attachments are confidential and solely intended for the addressee. If you are not the intended recipient, please notify the sender and delete and/or destroy this message and any attachments immediately. It is prohibited to copy, distribute, disclose or use this e-mail and any attachments in any other way. I do not accept any responsibility or liability for any damage resulting from the content of and/or the transmission of this message.


-----Inline Attachment Follows-----

 


Post: "indiaresists@lists.riseup.net" Exit: "indiaresists-unsubscribe@lists.riseup.net" Quit: "https://lists.riseup.net/www/signoff/indiaresists" Help: https://help.riseup.net/en/list-user WWW : http://indiaagainstcorruption.net.in

Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in

Sunday, February 3, 2013

Re: [HumJanenge] IRRESPONSIBLE AND CARELESS ACT OF INFORMATION COMMISSIONER SRI JAGADANANDA & TARUN KANTI MISHRA OF ODISHA INFORMATION COMMISSION.

This matter should be referred to all newspapers, t.v. channels and several websites including facebook and karmayog.com.This will bring about irresponsible behaviour of the PIO and INFORMATION COMMISSIONER before the masses and several senior Govt. Authorities.
Hariram Chaudhary  93220 90137
On Sat, Feb 2, 2013 at 4:20 PM, Jasvir Singh <jasvir70@gmail.com> wrote:
Dear Pradeep,
                       This indeed is shocking experience and needs to be taken up further to its logical conclusion, I understand it is extremely embarassing, annoying, humiliating and taxing for an applicant who is travelling such a long distance.

regards
jasvir

 

--
You received this message because you are subscribed to the Google Groups "HumJanenge Forum People's Right to Information, RTI Act 2005" group.
To unsubscribe from this group and stop receiving emails from it, send an email to HumJanenge+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/groups/opt_out.
 
 

--
You received this message because you are subscribed to the Google Groups "HumJanenge Forum People's Right to Information, RTI Act 2005" group.
To unsubscribe from this group and stop receiving emails from it, send an email to HumJanenge+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/groups/opt_out.
 
 

Re: [HumJanenge] Fw: [UID India's Orwell:1991] Fwd: this is danger to RTI

Mr Sarbajit and all RTI activists .
one of those cases which deserve all help from people of your standing and resources, I am sure you will come to the aid of this person.
Col Nauni
On Sat, Feb 2, 2013 at 8:21 AM, Anil kumar <anil_crp@yahoo.com> wrote:


--- On Thu, 1/31/13, Mathew Thomas <mathew.111938@gmail.com> wrote:

Hi,

The police slogan is "With you, for you - always" or something similar.

What a mockery of truth.

Regards,

Mathew 
---------- Forwarded message ----------
From: Cliffton Desouza <clifftondesouza@gmail.com>
Date: Thu, Jan 31, 2013 at 10:19 AM
Subject: this is danger to RTI
To: clifftondesouza <clifftondesouza@hotmail.com>, "ronnie06 ." <ronnie06@sify.com>, M.Sapre@zuari.co.in, michael fisher <fisherteddy1@gmail.com>, Agnelo Paul Silva <velimnetcom@rediffmail.com>, Ashley Dias <diasashley@hotmail.com>, jetroydias@yahoo.com, Mathew Thomas <mathew.111938@gmail.com>, savilon81@yahoo.com


From:

Babi Suresh Gaonkar
H.No. 6/1, Vadacha wada, Sirgaon, Bicholim, Goa

Date: 29/01/2013

To,
Bharat Mukti Morcha
Goa Unit

Subject:  My Police torture, Human Rights violations by Constable Venkat Marshal, PSI Tukaram Walke, Police Inspector Ninad Deulkar and other police officials attached to Bicholim Police Station on duty on 25th and 26th January 2013.

I the undersigned Babi Suresh Gaonkar, 18 years of age, student, OBC, resident of H.No. 6/1, Vadacha wada, Sirgao, Bischolim, wish to state following:-
1.    At 10.07 am on 25th January 2013 I was served with notice under section 149 CrPC asking me to remain present at the Bicholim Police station on 26th January 2013. The notice signed by police Inspector, Bicholim Police Station was dated 24th January 2013.
2.    On the same day of 25th January 2013 I returned from my college at 5.00 pm and had just entered my house. I saw One Constable Venkat Marshal along with PSI Tukaram Walke was sitting in a Police jeep near my house.
3.    Constable Venkat Marshal got off from the jeep and came to my house and asked me if I have a knife with me. I replied saying 'no'. This Constable then picked up instrument called 'koita' that we use to peel off coconut and caught my shoulder and pulled me out of my house towards the jeep that was marked with words 'police control room'. ASI present kicked and pushed me inside the jeep amounting to kidnapping. I was not even allowed to close the door of my house.
4.    At a time when I was forced into the jeep my mother was not at home so she was not aware that I was taken away by police. While I was in police jeep my mother phoned me on my mobile. As I received my mother's call Police Constable Venkat Marshal confiscated my mobile from my hand and banged it on ground. When I protested and told police that my mother will be worried about my whereabouts, Police Constable Venkat Marshal warned me saying "you will not touch mobile ever again and he banged it to the ground and then switched it off.
5.    Inside the jeep, police asked me if I was wearing any gold chain. I put counter question to them 'why?' On this reply of mine police – Constable Venkat Marshal and PSI Tukaram Walke began to beat me up. One of them snatched my gold chain, another one pulled my long pant and I was left without my pant just in my short pant. From the pocket of the pant police confiscated cash of Rs. 1800/- and another Rs.50/-. All this was done to me while I was being carried in a police jeep from my village of Sirgao to Bicholim Police Station.
6.    Inside jeep all together there were four policemen - Constable Venkat Marshal, PSI Tukaram Walke, one ASI and a jeep driver. Police said to me "you are doing too much. You are asking for information under RTI. What do you think of yourself?"  I was treated like a dog. They further said to me "you are doing too much; we are not going to leave you this way." I asked police in the jeep as to why my pant is taken away. Police instead of answering forcefully caught my shirt and tore off its buttons. They then said to me "we will now parade you nude at Bicholim bus stand. Then you will feel ashamed and only then you will learn as to how to write RTI letters.
7.    I was taken to Bicholim Police Station. When got off from the jeep and ASI was pulling me from front and constable Venkat was pushing me from behind. Once I reached the police station at Bicholim I was told to sit. Police then said loudly "This boy is doing too much, he is 'malkriad'. We have caught him and brought him here now.
8.    After few minutes police put me inside the police van and took me away to Bicholim Primary Health Centre. Over there doctor asked me "What you are feeling?" I told him that I am feeling black out in my eyes and head is heavy. Doctor checked my B.P and declared that it is very high at 190/100 and I am not fit for the lock up. I was hungry. I had only breakfast and had not taken lunch. Doctor told police to take me to District hospital in Mapusa. Doctor wanted to inject me something. I refused and did not give my consent. I was then brought to the Bicholim Police Station and police there was giving me tablets to swallow with water. I refused as I was without any food. Police said "this boy is too much" and started beating me up at Bicholim police station. Every policeman on duty beat me up with kicks and slaps. They then declared that they will beat me up even more for the reason that I refused tablets. I was beaten mercilessly. More they beat me more resolutely I refused to take the some chemical tablets offered to me. I told police that no matter how much they beat me, I will never take tablets. I was then again taken to Bicholim Primary Health Centre.
9.    Doctor here was angry at my refusal to take tablets. Doctor on duty then warned me that he will certify me as fit for police custody. The doctor then checked my blood pressure again and declared that my blood pressure is normal at 130/80. Doctor then told police that it is upto them whether they want to admit him to District Hospital in Mapusa or not.
10.  From the hospital I was taken to the police station again. My mother reached at police station. I gave my mobile to my mother at around this time 7.30 pm. My Mother Suvarna Suresh Gaonkar was called inside the cabin of Police Inspector Ninad Deulkar. PI Ninad Deulkar told my mother "We have arrested your son even though he has committed no offence of any kind, we have framed him up in criminal case because he has filed RTI letter seeking information about police." My mother told PI Deulkar "My son is in the path of righteousness and he committed no crime.". She walked out of the cabin of PI Deulkar. While she was walking out of his cabin PSI Walke caught her shoulder and took her back in the cabin of PI Deulkar even though my mother protested and said that no male policemen can touch her. I have not filed any RTI and not sure as to which RTI PI Deulkar found in my name. RTI letter was filed by my mother Suvarna Suresh Gaonkar in order to make democracy functional in Goa's mining belt and I have been made the target of torture.  Even then filing of RTI letter does not warrant police torture violating anyone's self respect and dignity. The behavior of Police team at Bicholim Police station is barbaric as I experienced it first hand.
11.  I was stopped from talking to my mother and was whisked away and taken back into Jeep that drove towards District Hospital, Mapusa. Here I was taken to casualty ward. Doctor here inquired and examined my health status. I told doctor that my eyes are feeling black out and my head is heavy. Doctor got my ECG and checked my blood Pressure. He found that my blood pressure was very high at 160/90. Doctor said that I have to be admitted in the hospital. I was made to sit on the wheel chair and taken in for admission.
12.  Since it was already late and food was already served before I was admitted in the hospital nurse on duty told police that it is the responsibility of police to provide food for me. Police kept silent. Doctor wrote prescription of tablets. I refused tablets. Nurse asked me to sign the documents/papers that I am refusing tablets. I refused. Nurses then went to doctor. Then three policemen came back to me and warned me "if you are not going to sign these papers then we will beat you up. I signed these papers under duress. Nurses went away. I was neither given any food nor water to drink. Police put handcuff and tied me up to bed the whole night. I was on bed number 22 and I do not remember the ward number. I requested police to get my handcuff off my hands but police refused. The whole night I slept on bed with handcuff in my hands and locked to bed. By morning my left hand was totally numb. Many doctors came and inquired but no treatment was given to me.
13.  Handcuffs were removed from my hands just for 20 minutes in the morning of 26th January 2013 to go the toilet to answer nature's call. After this span of 20 minutes of freedom to my left hand I was handcuffed again. At around 10.00 am I was given medicines. I refused again. Doctor then wrote on my discharge paper "Fit for lock up".
14.  I was very weak and handcuffed even on 26th January 2013, Republic day of my beloved country. I did not take even water. I did not take dinner. From the hospital I was dragged and brought to Bicholim Police Station at around 11.00 am with handcuffs on. I complained about handcuffs. Police told me "If we do not put handcuffs on you then what else to put on?" On this Republic day I was brought to harsh and uncomfortable realization that I as OBC and mulnivasi is just a slave in free India and my freedom struggle has just began through handcuffs in my left hand.
15.  At Bicholim Police Station my handcuffs were removed. I am not sure as to who gave permission to handcuff me.
16.  At 1.00 pm on 26th January 2013 PSI Walke spoke to me at the Bicholim Police Station "We arrested you yesterday at 5.00 pm and now we will remand you for 14 days of judicial custody. This is a minor offence. You can take bail with two sureties. Now inform someone at home." I told him that I was not allowed to call my mother and when my mother called on my mobile you snatched and destroyed my mobile." PSI Walke retorted "You are still talking too much?" I told him "There is no fear to speak the truth." I was then asked to call up my mother. I called my mother from police telephone and after that I was sent into police lock up again. Handcuffs were put again on my hands inside the lock up. Several policemen gathered and said "we now have some more time to beat you and torture you. We were not able to do it as you spend most of the time in hospital last night." While I was being tortured and beaten up inside the police custody I noticed my mother walking from a distance and I cried aloud "Mummy". My mother heard my cries and she started to walk towards police custody. One policeman came and stopped her and told her to go in some other direction where lawyer was waiting with bail application.
17.  Then on 26th January 2013 while still in police custody I was forced to sign Memo of Arrest signed by T.P.Walke, PSI, Bicholim Police Station dated 25th January 2013 that reads as "You are hereby informed that you have been placed under arrest in Bicholim P.S. Cr.No. 17/13 u/s 341 of I.P.C today i.e. on 25.01.2013 at 17.00 hrs. You are further informed that the said offence is a bailable offence  and you are entitled for bail.' I also signed arrest form after consulting my lawyer. I have not restrained anyone to attract section 341 of I.P.C. and I hold that this police action is in total violation of my human right to life and dignity enshrined in the Constitution of India on the eve and on the day of the Republic Day 2013. Police did not return my pant, my cash and my gold chain till date even though I am released on bail and out of police custody.
18.  In my understanding Bicholim police acted in this manner with me under the directions from Rajaram Bandekar (Sirigao) Mines Pvt. Ltd as they have past history of using police and other bodies of state administration like Panchayat and BDO for their vested interest of capturing 1,19,000 square meters of my family land near my house in Sirigao.
19.  I pray that suitable action be taken against all the named Constable Venkat Marshal, PSI Tukaram Walke, Police Inspector Ninad Deulkar and unnamed policemen attached to Bicholim Police station responsible to my torture on 25th and 26th January 2013.
20.  I pray to you to do everything possible for this matter has not just caused grave harm to me but to the very core of the spirit of the Constitution of India that governs all people of India.

Thanking you,
Yours Sincerely,
Sd/-
(Babi Suresh Gaonkar)
 

--
You received this message because you are subscribed to the Google Groups "HumJanenge Forum People's Right to Information, RTI Act 2005" group.
To unsubscribe from this group and stop receiving emails from it, send an email to HumJanenge+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/groups/opt_out.
 
 

--
You received this message because you are subscribed to the Google Groups "HumJanenge Forum People's Right to Information, RTI Act 2005" group.
To unsubscribe from this group and stop receiving emails from it, send an email to HumJanenge+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/groups/opt_out.
 
 

Re: [HumJanenge] SC Judgment : Karnataka Info Commissioner v/s PIO

Dear Friends,
As I understand after reading the judgement, the apex court simply said that the IC had no power to challenge the judgement of the HIgh court. It did not say anything about the question of law as to whether rti can be used for getting documents. 
Regarding getting of copies of documents under RTI act, please find enclosed a good judgement delivered by kerala high court (go to para 21). 
sandeep


On Thu, Jan 31, 2013 at 12:06 PM, robby sharma <sharmarobby@hotmail.com> wrote:
It is very clear for the last few years that the HIGH COURTS & Supreme Court are totally HOSTILE against the RTI ACT. Can the Supreme Court explain as to how a person sitting in say Kanpur like myself obtain the Copies of the Writ Petitions etc from Karnataka  High Court. I will have to go to the High Court, engage some Lawyer and then apply for the Certified copy of needed Writ or order and then wait till they are provided by the HC and then carry them back and by that time I will have spent about twenty thousand minimum. That is why the RTI ACt was given overriding effect over all other ACTS but the Courts are simply ignoring this fact.I fail TO UNDER STAND AS TO WHY TILL NOW NOBODY HAS POINTED THIS BEFORE THE COURTS OR IF IT HAS BEEN POINTED OUT AND EVEN THEN THE SUPREME COURT IS IGNORING IT THEN "EVEN GOD CANNOT SAVE THE COUNTRY". THIS IS A PHRASE USED BY THE SUPREME COURT ITSELF IN A JUDGMENT A FEW YEARS BACK BUT IT FAILED TO MENTION THAT THE COUNTRY NEEDED SAVING FROM THE SUPREME COURT ITSELF FIRSTLY THEN FROM OTHERS.
Robby Sharma Kanpur
Mob-09415438326,09235844258


Date: Fri, 25 Jan 2013 01:42:17 +0800
From: vikramsimha54@yahoo.co.in
Subject: Re: [HumJanenge] SC Judgment : Karnataka Info Commissioner v/s PIO
To: HumJanenge@googlegroups.com

Is he named ? to the best of my knowledge the INfo comm has demitted his office on superannuation . The Present SCIC today told me that the entire was acted upon the advise of Advocate genersl .
few freinds have alredy made RTI requests let us see the Documents
But this not ego clash by KIC but KHC

N vikramsimha , KRIA Katte , #12 Sumeru Sir M N Krishna Rao Road , Basvangudi < Bangalore 560004.

--- On Thu, 24/1/13, C K Jam <rtiwanted@yahoo.com> wrote:

From: C K Jam <rtiwanted@yahoo.com>
Subject: [HumJanenge] SC Judgment : Karnataka Info Commissioner v/s PIO
To: "humjanenge@googlegroups.com" <humjanenge@googlegroups.com>, "humjanenge@yahoogroups.co.in" <humjanenge@yahoogroups.co.in>
Date: Thursday, 24 January, 2013, 8:01 PM

Please read the judgment below:

My Query:

Who will pay the Rs 100,000 ?

The Karnataka State Information Commission
OR
The Karnataka Chief Information Commissioner
(He was Petitioner in the HC)
OR 
The Karnataka Information Commissioner
(The petitioner in the SC)

RTIwanted

====================

  ITEM NO.30               COURT NO.4             SECTION IVA                S U P R E M E   C O U R T   O F   I N D I A                           RECORD OF PROCEEDINGS    Petition(s) for Special Leave to Appeal (Civil)....../2013                                                  CC 1853/2013    (From the judgement and order  dated 15/06/2012 in WA No.3255/2010,  of  The  HIGH COURT OF KARNATAKA AT BANGALORE)    KARNATAKA INFORMATION COMMISSIONER                Petitioner(s)                     VERSUS    STATE PUBLIC INFORMATION OFFICER & ANR            Respondent(s)    (With appln(s) for c/delay in filing SLP and office report ))    Date: 18/01/2013  This Petition was called on for hearing today.    CORAM :          HON'BLE MR. JUSTICE G.S. SINGHVI          HON'BLE MR. JUSTICE H.L. GOKHALE      For Petitioner(s)        Mr. V.N. Raghupathy,Adv.      For Respondent(s)               UPON hearing counsel the Court made the following                                 O R D E R                         Delay condoned.                       This petition filed by Karnataka  Information  Commissioner        for setting aside order dated 15.6.2012 passed by the  Division  Bench        of the Karnataka High  Court  in  Writ  Appeal  No.3255/2010  (GM-RES)        titled Karnataka Information Commission v.  State  Public  Information        Officer and another cannot but be described as a  frivolous  piece  of        litigation which deserves  to  be  dismissed  at  the  threshold  with        exemplary costs.                   Respondent No.2 filed an application under Section 6(1)  of        the Right to Information Act, 2005 (for short, 'the Act')  and  sought        certain documents and information from the Public Information  Officer        - Deputy Registrar (Establishment) of  the  High  Court  of  Karnataka        (respondent No.1). His prayer was for supply of  certified  copies  of        some information/documents regarding guidelines and  rules  pertaining        to scrutiny and classification of writ  petitions  and  the  procedure        followed by the Karnataka High  Court  in  respect  of  Writ  Petition        Nos.26657 of 2004 and 17935 of 2006.                   Respondent No.1 disposed of the application  of  respondent        No.2 vide order dated 3.8.2007 and intimated him that the  information        sought by him is available in the Karnataka High  Court  Act  and  the        Rules and he can obtain the certified copies of the  order  sheets  of        the two writ petitions by filing  appropriate  application  under  the        High Court Rules.                   Respondent  No.2  filed  complaint  dated  17.1.2008  under        Section 18 of the Act before the Karnataka Information Commission (for        short, 'the Commission')and made a grievance that the certified copies        of the documents had not been made available to him despite payment of        the  requisite  fees.   The  Commission  allowed  the   complaint   of        respondent No.2 and directed respondent No.1 to furnish the High Court        Act, Rules and certified copies of order sheets free of cost.                   Respondent No.1 challenged  the  aforesaid  order  in  Writ        Petition No.9418/2008.  The learned Single Judge allowed the same  and        quashed  the  order  of  the  Commission  by  making   the   following        observations:                   "The information as sought for by the respondent in respect                   of Item Nos. 1, 3 and 4 mentioned above  are  available  in                   Karnataka High Court Act and  Rules  made  thereunder.  The                   said  Act  and  Rules  are  available  in  market.  If  not                   available, the respondent has to obtain copies of the  same                   from the publishers.  It is not open for the respondent  to                   ask for  copies  of  the  same  from  the  petitioner.  But                   strangely,  the  Karnataka   Information   Commission   has                   directed the  petitioner  to  furnish  the  copies  of  the                   Karnataka High Court Act & Rules free of cost  under  Right                   to Information Act. The impugned order in  respect  of  the                   same is illegal and arbitrary.                       The information in respect of Item Nos.6 to 17 is  relating                   to  Writ  Petition  No.26657/2004  and  Writ  Petition  No.                   17935/2006.  The  respondent  is  a  party  to   the   said                   proceedings. Thus, according  to  the  Rules  of  the  High                   Court, it is open for the respondent to file an application                   for certified copies of the order  sheet  or  the  relevant                   documents for  obtaining  the  same.   (See  Chapter-17  of                   Karnataka High Court Rules, 1959). As it is  open  for  the                   respondent to obtain certified copies of  the  order  sheet                   pending as well as the disposed of matters, the State Chief                   Information Commissioner is not justified in directing  the                   petitioner to furnish copies of the same free of costs.  If                   the order of the State Chief Information Commissioner is to                   be implemented, then, it  will  lead  to  illegal  demands.                   Under the Rules, any person who is party or not a party  to                   the proceedings can obtain the orders of the High Court  as                   per the procedure prescribed in the Rules mentioned  supra.                   The State Chief Information  Commissioner  has  passed  the                   order without applying his mind to the  relevant  Rules  of                   the High Court. The State  Chief  Information  Commissioner                   should  have  adverted  to  the  High  Court  Rules  before                   proceeding further. Since the impugned order is illegal and                   arbitrary, the same is liable to be  quashed.  Accordingly,                   the following order is made."                       Respondent No.2 did not challenge the order of the  learned        Single Judge. Instead, the Commission filed an appeal  along  with  an        application for condonation of 335 days' delay.   The  Division  Bench        dismissed the application for condonation of delay and also held  that        the Commission cannot be treated as an aggrieved person.                   We have heard Shri V. N. Raghupathy,  learned  counsel  for        the petitioner.                   What has surprised us is that while  the  writ  appeal  was        filed by the Commission, the special leave petition has been preferred        by the Karnataka Information Commissioner.  Learned counsel could  not        explain as to how the petitioner herein,  who  was  not  an  appellant        before the Division Bench of the High Court can challenge the impugned        order.  He also could not explain as to what  was  the  locus  of  the        Commission to file appeal against the  order  of  the  learned  Single        Judge whereby its order had been set aside.                   The entire exercise undertaken by the  Commission  and  the        Karnataka Information Commissioner to  challenge  the  orders  of  the        learned Single Judge and the Division Bench of the  High  Court  shows        that the concerned officers have wasted public  money  for  satisfying        their ego. If respondent No.2 felt  aggrieved  by  the  order  of  the        learned Single Judge, nothing prevented him from challenging the  same        by filing writ appeal.  However, the fact of the matter is that he did        not question the order of the learned Single Judge. The Commission and        the Karnataka Information Commissioner  had  no  legitimate  cause  to        challenge the order  passed  by  the  learned  Single  Judge  and  the        Division Bench of the High Court. Therefore, the writ appeal filed  by        the commission  was  totally  unwarranted  and  misconceived  and  the        Division Bench  of  the  High  Court  did  not  commit  any  error  by        dismissing the same.                   With the above observations, the special leave petition  is        dismissed. For filing a frivolous petition, the petitioner is  saddled        with cost of Rs.1,00,000/-.  The amount of cost shall be deposited  by        the petitioner with the Supreme Court Legal Services Committee  within        a period of 2 months from today.  If the  needful  is  not  done,  the        Secretary of the Supreme Court Legal Services Committee shall  recover        the amount of cost from the petitioner as arrears of land revenue.                |(Parveen Kr.Chawla)                    | |(Phoolan Wati Arora)                  |  |Court Master                           | |Court Master                          |  |                                       | |                                      |        -----------------------  5  


--
You received this message because you are subscribed to the Google Groups "HumJanenge Forum People's Right to Information, RTI Act 2005" group.
To unsubscribe from this group and stop receiving emails from it, send an email to HumJanenge+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/groups/opt_out.
 
 

--
You received this message because you are subscribed to the Google Groups "HumJanenge Forum People's Right to Information, RTI Act 2005" group.
To unsubscribe from this group and stop receiving emails from it, send an email to HumJanenge+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/groups/opt_out.
 
 



--
Dr. Sandeep Kumar Gupta
1722, Sector 14, Hisar-125001, INDIA
Phone: 91-99929-31181




--
You received this message because you are subscribed to the Google Groups "HumJanenge Forum People's Right to Information, RTI Act 2005" group.
To unsubscribe from this group and stop receiving emails from it, send an email to HumJanenge+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/groups/opt_out.
 
 

Re: [IAC#RG] IAC's approach (was A rats' arse)

Dear Navnith

The subject line is changed in deference to our member's sensitivities. (FYI, the phrase "rats' arse" was taken from a post on Mr.Sabhlok's blog)

IAC's approach, aim and priorities is guided by (and contained in) its charter.
https://we.riseup.net/assets/118889/IAC%20Charter.pdf

In this document you will not find the words - "election", "electoral", "vote", "voting" etc. Accordingly, IAC is not concerned with (gives a rats' arse for) ELECTORAL PROCESS. It was further clarified, as many subscribers have painstakingly been posting to these lists, that the present Electoral process is a fraud on the people and a colossal eyewash to perpetuate corruption - and that IAC as an apolitical anti-corruption movement will not countenance injection  of political messages into its discourse.

You will note that IAC (in its charter) amply clarifies that it is for democracy. We interpret this to mean the rule of the people over their Government (anything else would be Monarchy, Dictatorship etc...) .

It is the simple people (who are unable to think beyond the present political processes) who cannot reconcile these apparent contradictions who are creating confusion on our lists resulting in "anarchy". We have repeatedly advised them to either shape up (intellectually) or leave the movement and gravitate to whichever political party they want.

Sarbajit

On Sun, Feb 3, 2013 at 12:40 PM, Navnith Krishnan <navkris@hotmail.com> wrote:

Your reply to Mr.Sundaram was disheartening.You have mentioned that  IAC doesn't give a rats arse for ELECTIONS. Since you do not believe in democracy,can I take it that IAC cares the same arse for judiciary,good governance,anti-corruption etc.Then what is the aim of this forum,a French Revolution?

We were showing the same part of anatomy(you took it from the rat to show your contempt for elections) to foreign invaders for almost 1000 years by busying ourselves, squabbling between us.So let us not use this forum for weakening our nation by creating anarchy.

navnith



Re: [IAC#RG] [IAC++] FW: Lala Lajpat Rai.

Dear Sir, 
I do not know how you  have been able to get my email address.
It is true that Late Shri Lala Lajpat Rai was Aryasamajist as narratted by my  late Grand Father Shri Puran Chand of Dharmkot Randhawa, Tehsil Batala, Dist Gurdaspur.
I was told that Late Shri Hansraj  had discussed with some one at Quadian ,Tehsil Batala, Dist Gurdaspur for starting of Dayanand Anglo Vedic High School.
I was told that Lala Lajpat Rai had instituted Punjab National Bank  Lahore.
I  had been given to understand that my Great Grand Father late Shri Jawale Shah was also taken part in fight against British Rule.He stopped following the old system of SANATAN (MOORTI POOJA) in his family.He also differed the Castism being propagated by the Britishers and had given order to his family members to feed each and every person of the village his own house.Which he did and was out casted from the village and were not allowed to draw water from the Well and smoke Hukka.
He being learned person made arrangement of fixing Water Pump in his own House,with help of his grand sons.It is known to all the people of that village.
He was strong supporter of Arya Samaj     
 All his five Sons and One daughter were married as Arya Rituals.
We never claimed any award or Government assistant in our whole life.
 

Warm regards,
 
Rakshpal Abrol
Consumer Activist
9820203154
rakshpal.abrol@yahoo.co.in


From: Gaur J K <gaurjk@hotmail.com>
To: "iac@lists.riseup.net" <iac@lists.riseup.net>; "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Sent: Friday, 1 February 2013 11:34 AM
Subject: [IAC++] FW: Lala Lajpat Rai.

*****************************************
India Against Corruption {primary list}
*****************************************

 

Date: Thu, 31 Jan 2013 17:04:43 -0800
From: gaurisrohatgi@yahoo.ca
Subject: Fw: Lala Lajpat Rai.
To:


----- Forwarded Message -----
From: r k <sunshine_rk2000@yahoo.com>
To: GAURI Rohatgi <gaurisrohatgi@yahoo.ca>
Sent: Thursday, January 31, 2013 7:36:35 PM
Subject: Lala Lajpat Rai.
 
THIS IS SOMETHING FOR THE YOUTHS OF TODAY WHO ARE NOT AWARE OF THE SCARIFICES, LOSSES, COURAGE AND SELFLESSNESS MADE BY SOME FREEDOM FIGHTERS AND SOME GREAT ARYA SAMAJIST WHO FOUGHT FOR INDEPEDANACE OF INDIA, AND HAS BEEN DEINIED THEIR RIGHTFUL PLACE IN THE INDIAN HISTORY.
Lala Lajpat Rai.
January 28th 1865-November 17th 1928
A GREAT ARYA SAMAJIST OF HIS TIME.
Punjab Kesari (Lion of the Punjab).
'Country should emulate the ideals of Lala Lajpat Rai'
Lala Lajpat Rai was a great freedom fighter, author and politician who is chiefly remembered as a leader in the India's fight for freedom from the British Raj, who sacrificed his life for the sake of the country. Lala Lajpat Rai was one of the foremost leaders who fought against British rule in India. He was popularly known as Punjab Kesari (Lion of the Punjab). Lala Lajpat Rai was one of the three most prominent Hindu Nationalist members of the Indian National Congress. He was part of the Lal-Bal-Pal trio. The other two members of the trio were Bal Gangadhar Tilak and Bipin Chandra Pal.
After studying law at the Government College in Lahore, Lajpat Rai practiced at Hissar and Lahore, where he helped to establish the nationalistic Dayananda Anglo-Vedic School and became a follower of Dayananda Sarasvati, the founder of the conservative Hindu society Arya Samaj.
Lalaji believed that it was important for the national cause to organize propaganda in foreign countries to explain India's position because the freedom struggle had taken a militant turn. He left for Britain in April 1914 for this purpose. At this time First World War broke out and he was unable to return to India. He went to USA to galvanize support for India. He founded the Indian Home League Society of America and wrote a book called "Young India". The book severely indicted British rule in India and was banned in Britain and India even before it was published. He was able to return to India in 1920 after the end of World War.
After his return, Lala Lajpat Rai,led the Punjab protests against the Jalianwala Bagh Massacre and the Non-Cooperation Movement. He was arrested several times.
In 1928, British Government decided to send Simon Commission to India to discuss constitutional reforms. The Commission had no Indian member. This greatly angered Indians. In 1929, when the Commission came to India there were protests all over India. Lala Lajpat Rai himself led one such procession against Simon Commission. While the procession was peaceful, British Government brutally lathicharged the procession. Lala Lajpat Rai received severe head injuries and died on November17, 1928.
The Government which attacks its own innocent subjects has no claim to be called a civilized government. Bear in mind, such a government does not survive long. I declare that
"Every blow aimed at me will be the last nail in the coffin of British rule in India"

Post: "iac@lists.riseup.net"
Exit: "iac-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/iac"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in