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

Thursday, August 26, 2010

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

Dear Sarbajit ji,

I agree with you as whatever you have stated is legally correct. Let me add a few lines with your kind permission:

Section 2(d) provides:

(d) Scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court, or

(ii) Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding , or

(iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.

(a) "High Court" means the High Court for a State or a Union territory and includes the court of the Judicial Commissioner in any Union territory.

The term "Any court" used in the above definition includes "CIC" which has been vested with power of court.

It is my sincere request and advice to all respected members of this esteemed group, not to scandalise or lower the authority of any court. We are free to discuss the legality of decisions of CIC and SICs to get suitable remedy (ies) and extend our support to make RTI Act a success.

With warm regards,

VB Singh
"The world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing." - Albert Einstein

--- On Fri, 27/8/10, sarbajitr <sroy1947@yahoo.com> wrote:

From: sarbajitr <sroy1947@yahoo.com>
Subject: [rti_india] Re: Another Major Threat to RTI Applicants- "Notice of CONTEMPT PROCEEDINGS BY C
To: rti_india@yahoogroups.com
Date: Friday, 27 August, 2010, 9:18 AM

The term "court" is not defined in RTI Act or in CC Act.
Although this is a gray area, the CIC's proceedings are
deemed judicial proceedings since they can accept evidence
on affidavit, summon persons and records for purpose of
evidence and examine the parties.

If there is interference in the CIC's evidentiary powers
(which are the ultimately conferred powers of the court -
in this case the High Court) then it is always open to
the CIC to go running back to the true source of such power
(High Court) to stop such interference.

Whereas the CIC is not a Court, it is definitely an
administrative tribunal, subordinate to the High Court
and amenable to supervision u/a 227.

I must also say, that Mr Umapathy's contempt was not solely
those 2 lines, but the 2 Scandalous attachments he
circulated widely and which are open to download now
to anyone with an internet connection.

Sarbajit

--- In rti_india@yahoogroups.com, VB Singh <vijay_bsingh@...> wrote:
>
> Dear Sarbajitji,
> �
> If in your case the Division Bench of Delhi Hugfh Court has decided that CIC is not a court then how can Contempt proceedings be initiated by� against Umapathiji? Please eloborate.
>
> With regards,
> VB Singh
> "The world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing." - Albert Einstein
>