[HumJanenge] reply to Supreme Court judgment on appointment of information commissioner 217(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and— (a) has for at least ten years held a judicial office in

217(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and—

(a) has for at least ten years held a judicial office in the territory of India; or

(b) has for at least ten years been an advocate of a High Court 3*** or of two or more such Courts in succession; 4***

Explanation.—For the purposes of this clause—

1[(a) in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a High Court or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law;]

2[(aa)] in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person 3[has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law] after he became an advocate;

(b) in computing the period during which a person has held judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement of this Constitution during which he has held judicial office in any area which was comprised before the fifteenth day of August, 1947, within India as defined by the Government of India Act, 1935, or has been an advocate of any High Court in any such area, as the case may be.

4[(3) If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.]

Appointment of District judges and qualification required for appointment of District Judge under the Constitution of India is as under

(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.

Re: [HumJanenge] Goa IC Padwal resigns post SC blow

This does not come as a surprise. Goa has always maintained a lead in all RTI related issues, barring its Raj Bhavan. Though it was the second state to come out with its own transparency law in 1997,  this act was the initiative of the Government, unlike all other transparency acts which were initiated by the members of the civil society. The SIC was one of the first to issue an order on implementation of Section 4 of RTI. One of the first SIC / CIC decision on Section 4(1)(d) was also from the Goa. The lone landmark SIC decision on the CIC website is also from Goa. Ironically, the current CM of Goa is also a prolific RTI user. Manoj --- On Sat, 9/15/12, C K Jam <rtiwanted@yahoo.com> wrote: From: C K Jam <rtiwanted@yahoo.com> Subject: [HumJanenge] Goa IC Padwal resigns post SC blow To: "humjanenge@googlegroups.com" <humjanenge@googlegroups.com> Date: Saturday, September 15, 2012, 12:09 AM Must give full credit to this IC from Goa...probably he saw the writing on the wall ! http://timesofindia.indiatimes.com/city/goa/SIC-Padwal-quits-post-SC-blow/articleshow/16391731.cms  RTIwanted

[HumJanenge] PUBLIC GRIEVANCE: Constitution of Benches

To:
Shri Satyananada Mishra ji
Chief Information Commissioner of India
Central Information Commission
August Kranti Bhawan
New Delhi

BY EMAIL

15-Sep-2012

PUBLIC GRIEVANCE / NOTICE-IN-LAW

Sir

I refer to

a) Recent decision of Hon'ble Supreme Court in "Namit Sharma versus
UoI" in WPC(C) 210 of 2012 d/d 13.09.2012.

b) Full Bench Decision of Central Information Commission in Appeal no.
CIC/MA/A/2008/01085 d/d on 30.10.2009 with particular reference to my
submission on behalf of Tattwasoochna Sabha recorded at para 32
therein questioning (incomplete) constitution of the Full Bench.

In the circumstances, and seeing as how Mr. Vijai Sharma is now the
only member (as far as I can see) in the Central Information
Commission qualified as :"law member", I am aggrieved that the Hon'ble
Commission has consistently ignored all my submissions, pleas and
entreaties concerning this issue, and I hereby call on you to ensure
that henceforth the Central Information Commission must function in a
"collegium" at its Full Strength and hear and decide all cases "as a
body" with Mr Vijai Sharma always present and having a quorum of at
least 2 members.

I may remind you that it was in one of my cases cites as WP(C)
12714/2009 in Delhi High Court that the CIC Management Regulations
2007 regulating "Benches" was struck down as bad in law. The stay
order obtained in SLP 30152 thereafter allowing single IC benches
pende lite now seems modified by the latest judgment of Supreme Court.
It is pertinent that I am a party before the Supreme Court in that
matter (SLP 30152) which is now converted into regular civil appeal.

Any alternative would be construed as "civil contempt of court" and I
would have no hesitation in initiating the requisite IA should I
decide to enter appearance as I have been called upon to do recently.
The responsibility to manage the affairs of the Commission vests in
you, hence this email.

I would appreciate your acknowledgment.

yours faithfully

Er. Sarbajit Roy
B-59 Defence Colony
New Delhi 110024

Re: [HumJanenge] SC ORDER ON INFORMATION COMMISSIONS

Gupta sir,  the SC judges have only ensured 100% re-employment to the judges, and nothing else and they have ignored the provision that SC Judges will not plead in indian Courts after retirement. If they decide case on whims, give observations without  reading the  relevant sections of RTI Act, what else can be said. They have not struck down any provision of the RTI Act being unconstitutional. The RTI Act provides for appointment of eminent knowledgeable citizens as IC and not only IAS/IPS. thats the problem. there are plenty knowledgeable citizen available in India. May be you can be appointed.  SC judge will certainly be unsuitable and waste of knowledge/talent  to decide whether reply/information  was given in stipulated 30 days or not?. i am sure a school student will tell correctly. but if we want to create further mess yes then we should have judges as ICs.  just imagine if a poor begger/mali/sweeper comes to commission in second appeal/complaint, how they will be treated by these people, i can well imagine. regds. beniwal      --- On Fri, 14/9/12, M.K. Gupta <mkgupta100@yahoo.co.in> wrote: From: M.K. Gupta <mkgupta100@yahoo.co.in> Subject: [HumJanenge] SC ORDER ON INFORMATION COMMISSIONS To: "RTI Act 2005 Hum Janenge Forum People's Right to Information" <humjanenge@googlegroups.com> Date: Friday, 14 September, 2012, 1:01 PM Supreme Court has yesterday passed a sweeping order about the Information Commissions without given proper time to the Govt. for the transformation from the old system to new.  The new Commissioners with legal knowledge like Justices and Chief Justice cannot be appointed overnight without following some system and till then, the will of the Commission may come to the standstill.  It would have been better if the SC should have given time as the govt. will require time to fill the existing and forthcoming vacancies with the persons of legal background.  Govt. reaction to this decision is not known so far and it may object to the advice given by the Court to the govt. for amending the rules governing the appointment of Information Commissioners.  It will not be a surprise if the govt. apply for the review of this decision terming the same as in interference in its work governing the policy.  It may also say that the decision is erroneous as it implicitly issue direction to the Parliament to amend an Act passed by it. The Apex Court should pay its attention towards this and should grant some time for the smooth transformation from old to new. It may issue directions that till the 50% Commissioners are appointed with possessing legal knowledge, no new Commissioner will be appointed without legal knowledge so that the Info Commissioners with legal background are made available for constituting two members benches. Without this, the order in effect will work to the detriment of the appellant and immediate death of the system of hearing and passing orders on second appeal till an alternative start working.

[HumJanenge] Goa IC Padwal resigns post SC blow

Must give full credit to this IC from Goa...probably he saw the writing on the wall !

http://timesofindia.indiatimes.com/city/goa/SIC-Padwal-quits-post-SC-blow/articleshow/16391731.cms 

RTIwanted

[HumJanenge] SC ORDER ON INFORMATION COMMISSIONS

Supreme Court has yesterday passed a sweeping order about the Information Commissions without given proper time to the Govt. for the transformation from the old system to new.  The new Commissioners with legal knowledge like Justices and Chief Justice cannot be appointed overnight without following some system and till then, the will of the Commission may come to the standstill. 

It would have been better if the SC should have given time as the govt. will require time to fill the existing and forthcoming vacancies with the persons of legal background.  Govt. reaction to this decision is not known so far and it may object to the advice given by the Court to the govt. for amending the rules governing the appointment of Information Commissioners.  It will not be a surprise if the govt. apply for the review of this decision terming the same as in interference in its work governing the policy.  It may also say that the decision is erroneous as it implicitly issue direction to the Parliament to amend an Act passed by it.

The Apex Court should pay its attention towards this and should grant some time for the smooth transformation from old to new. It may issue directions that till the 50% Commissioners are appointed with possessing legal knowledge, no new Commissioner will be appointed without legal knowledge so that the Info Commissioners with legal background are made available for constituting two members benches.

Without this, the order in effect will work to the detriment of the appellant and immediate death of the system of hearing and passing orders on second appeal till an alternative start working.

Re: [HumJanenge] AN INDIAN CORRUPTION STORY

Unless you have stringent laws as in UAE,  eradication of corruption is difficult. Corruption travels from top to bottom.

M.Y. Thote

On Thu, Sep 13, 2012 at 8:00 PM, Mathre Rangarajan <rangajan@yahoo.com> wrote:

If you have understood Indian 'psyche' properly, this will lead to 'anarchy'

 

---

From: pavan jain <j_peekay@yahoo.co.in>
To: humjanenge@googlegroups.com
Sent: Thursday, 13 September 2012 12:28 PM

Subject: Re: [HumJanenge] AN INDIAN CORRUPTION STORY

Dear All Lets think of a remedy Something like spot punishment for the corrupt by a set of 5 persons present at spot Commander Jain --- On Wed, 12/9/12, jaiprakash narain <coljpn@yahoo.co.in> wrote: From: jaiprakash narain <coljpn@yahoo.co.in> Subject: Re: [HumJanenge] AN INDIAN CORRUPTION STORY To: "humjanenge@googlegroups.com" <humjanenge@googlegroups.com> Date: Wednesday, 12 September, 2012, 10:28 PM this happens in all the offices every day n there is no solution to this problem if  u want ur work to be done. This money is collected at dist level for certain unauthorized activities required to be done by politicians for their vested interest. From: Venkatraman NS <nsvenkatchennai@gmail.com> To: humjanenge@googlegroups.com Sent: Tuesday, 11 September 2012 7:38 PM Subject: [HumJanenge] AN INDIAN CORRUPTION STORY To RTI Group                                                                           AN  INDIAN CORRUPTION  STORY   Though it is a few years now since RTI Act has been enacted,  this has not been able to reduce the level  of corruption and nepotism in the country to any visible  extent.  Obviously, it implies that  laws  however strong it may be, cannot defeat the forces of corruption , unless there would be determined and strong minded  activists willing to  make the necessary  sacrifice for the sake of the cause. Let not anyone think that I am belittling the RTI Act but only express my deep anguish at the state of affairs in the country. While Himalayan corruption gets some media attention, thousands of petty corruption taking place all over India everyday  go unreported.  Common  men suffer heavily due to this sort of corruption. What is needed is concerted campaign urging people to resist corruption at the individual level at day today life and corrupt  politicians and bureaucrats should be humiliated by the individuals at every opportunity and such people should be boycotted.  This is not a difficult job but a sustained micro level campaign is necessary. Read the story below that took place in August,2012  and  this is the typical pattern of corruption in India , exposing the innocent and law abiding citizens who feel frustrated and hopeless. A gentleman applied for legal heirship certificate to the Tahsildar office . He was asked to fill the form with around ten details. He filled it up and brought the form next day to the Tahsildar office.  He was asked to produce some more details with proof. He brought it again to the office after three days. He was then told that some information were not complete and therefore he has to resubmit the form.  He did this again and brought it the next day and he was asked to come after ten days. When he went after ten days, he was asked to come after another ten days.   The tired applicant asked the clerk straightaway what exactly he would want. Then the clerk told him "with reluctance" that  donation of Rupees one thousand was required for a "noble cause".  Expecting this, the applicant immediately gave Rs. 1000/-.  He was then given a receipt as donation for a flag hoisting ceremony and the receipt had no number and no signature.   Then, a copy of the receipt was put in the file along with the application and immediately sent to higher authority. Obviously, the higher authority looking into the file and receipt would know that "the donation"  has been paid.   In the next few days, the clerk went out of the way to call the applicant over telephone , spoke to him very affectionately like a brother and said that his certificate was ready.   As the applicant did not want to look at the face of the clerk again, he sent someone else to collect the certificate.  Thus ended one more story of Indian corruption. N.S.Venkataraman Nandini Voice For The Deprived Email:- nsvenkatchennai@gmail.com