Thursday, August 26, 2010

Re: [rti_india] Another Major Threat to RTI Applicants- "Notice of CONTEMPT PROCEEDINGS BY CIC"


Dear Irfan / Group

This is NOT a "private" forum. Be very clear on this. Every message posted to this group is being archived by multiple sources, some of which are publicly accessible over the internet.
In addition being hosted on Yahoo, there are Terms of Service conditionalities attached.

For the legal position, please see our group homepage
"This publicly accessible (and essentially uncensored) group is a facility of convenience, and archives private email messages circulated amongst members concerning RTI ACT and decisions of various Information Commissions."
"DISCLAIMER: Being "essentially uncensored", legal liability (if any) for posts to this mailing list rests with the individual members in their territorial jurisdictions /laws."
" The rationale behind this is that RTI_India is publicly accessible and
unmoderated whereas the other mailing lists are not. Consequently we
have higher standards to uphold."
"We cannot tolerate such abuse of our group's soft moderation policy.
Our group functions on the principle of mutual trust, ie a member once
admitted is presumed to practice self moderation and respect the
objectives of the group."


On Thu, Aug 26, 2010 at 7:44 AM, irfan khan <> wrote:

this is a privat forum . i think CIC have no business peeping into private forums .Political parties shout in house of the floor "Gali Gali me shor hai . Rajive gandhi Chor hai "  But no one sees contemt here .

On Thu, Aug 26, 2010 at 8:06 PM, Ramnarayan.K <> wrote:

This is interesting.

Umapathi ji, sorry i don't have immediate advice on how to proceed
with what you should do. However your mail itself has raised some
issues which are in between or below your mail.

On 8/26/10, umapathi <> wrote:
> Dear Members, I wish to bring to the kind notice of all members of this
> Group that I have received a notice from CIC regarding initiation of
> contempt proceedings under section 10 of contempts of courts Act 1971. The
> reason for this is my posting on this group wherein I had complained against
> the IC AN Tiwari ( pl see my earlier posting on the subject on 17th August
> -2010 under the Thread "complaint of Misbehaviour against IC AN TIWARI.) The
> printout of the said postings made on this Group website is also enclosed
> by CIC with Notice. According to them , the last two sentence of the said
> posting constiutes contempt of Courts.the same is reprodcued here " Now
> they are acting as a corrupt public servants. It is high time, such
> information commissioner should be exposed to public of their corrupt
> motives.

So mails from / on this list, which apart from being public, are also
being brought to the notice of the CIC , and i suppose other
"intelligence" authorities.

My larger concern here is that such info, while not private, would
still need to be brought to the notice of the "said" authoriries.
Which would also mean we have reverse whistle blowers on the list or
the said IC's are monitoring the activities of this list. Which in
turn mean that people ought to be more careful about what they say and
plan while on the list.

> I have been directed to submit reply within seven days or tender an
> unconditional apology within seven days to IC AN Tiwari. In this connection,
> kindly suggest your views and opinions regarding the legality of CIC notice
> of contempt proceedings.Can our fundamental right to speech and expression
> be curtailed by CIC by initiating the contempt proceedings on us ? can CIC
> exercise such power? please suggest your views so that same can be
> incorporated in my reply to CIC. Regards.

What are the provisions of this "fundamental freedom of speech" where
does that end and where does contempt begin.

Regarding what the IC can and can't do am sure the other better
informed people will advise better.

However a few questions (please excuse use of words that are not
judicially appropriate)
1. Are the precedents of IC / CIC contempt of court actions
2. What will the "punishment" for contempt of court involve
3. What is the applicability of Contempt of court - if the IC / CIC
cannot implement this can they in turn be made actionable for
"illegal" actions.


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