Dear moderators
I think it is appropriate to reply "parawise" ;-) to Mr Umathi
0. As previously explained by moderator The CIC is well within its powers to approach the High Court to uphold its authority from contemnors.
1. It is immaterial if CIC is a court, or not, for purposes of criminal contempt. As the CIC's proceedings involve the appreciation of evidence, these are judicial proceedings within the scope of the offence.
2. It is very well settled in law that notice may be given to the opposite parties.
3. The observations of the High Court is a concise summation of what is stated in the law.
4. The show cause notice referred to in the High Court judgment is where the subordinate court intended to prosecute the contemnor before itself. In your case, the notice clearly indicates that it is a preliminary to moving a motion to the High Court.
5. It matters if this group is private or public. As has been repeatedly clarified, every message posted here may be publicly accessible over the internet. As a consequence the moderators are required to firmly expel all members who persistently invite legal action by their intemperate posting.
6. Agreed. You are the first such person I am aware of such notice being issued to. You should therefore avail services of competent counsel immediately or apologise to Mr Tiwari as he has kindly offered.
7. Agreed. Mr Tiwari is evidently considering such drastic action to uphold the dignity of the Central Information Commission.
8. It is incorrect Your contemptuous publication was prior to publication of the Commission's decision. You have also requested Chief Information Commissioner to transfer other matters pending before Mr Tiwari.
9... 11. No comment
12. Your complaint to President of India is replete with defamatory statements concerning Mr Tiwari. I again suggest that you either engage competent counsel or apologize uncondtionally. The option suggested by Mr Leslie Almieda (arguing in person) is not advisable considering your past performance.
Regards
Ashish
> From: umapathi s <umi_sbs@yahoo.com>
> Date: Fri, Aug 27, 2010 at 10:28 AM
> Subject: Re: [rti_india] Re: Another Major Threat to RTI Applicants- "Notice of CONTEMPT PROCEEDINGS BY C
> To: rti_india@yahoogroups.com
>
>
> Dear Members Now it is becoming clear that the CIC is exceeding its power and its own jurisdiction . AS one of our members mentioned it is nothing but tactics to silence our voice.
>
> In order to have a constructive conclusion, I mention below points which may help members to decide on the legality of the contempt notice issued by CIC.
>
> 1) There is a dilemma whether or not CIC is a court.
>
> 2) If we accept that CIC is a court, even in this case, CIC has no power to issue the show- cause notice for Contempt proceedings.
>
> 3) As per one of the decisions of the Hon'ble High court of Delhi, "the lower courts have no power to prosecute a person for contempt of court". 'A perusal of provisions of the Contempt of Courts Act would show that a court subordinate to high court has no powers to initiate proceedings under the Contempt of Courts Act. Under the act, the high court alone can take cognizance of an alleged contempt having been committed in respect of subordinate courts,' the court said.
>
> 4) Only higher courts can take cognizance of contempt committed by a person against lower judiciary. In the same Judgments the court observed that "A subordinate court is supposed to send a reference of the matter to the high court. A subordinate court cannot itself assume jurisdiction under the Contempt of Courts Act and issue show cause notice as to why contempt proceedings should not be initiated,
>
> 5) Whether our group is private or public it doesn't matter much. What is imp is publication is any manner which scandalize or interfere with the administration of justice. This is to be decided by following the rule of law and facts and circumstances of the case.
>
> 6) The contempt proceedings have to be used only sparingly and cautiously.
>
> 7) The contempt Jurisdiction is not to protect an individual Judge. ( if ICs are declared as Judges).it is meant for the maintenance of effective legal system.
>
> 8) Contempt proceedings can be used only when the proceedings are pending. (In the instant case, the IC had already decided the case).
>
> 9) Contempt proceedings are quasi-criminal and quasi-judicial.
>
> 10) I shall be attaching the Scanned copy of the notice received by me soon (I have no scanner at Home, hence the difficulty), to prove the authenticity of my posting as some members mentioned.
>
> 11) I started the thread on this topic since it is a new and vital subject on the powers of the CIC and our Fundamental rights. The aim is to invite the views of OUR enlightened members .Tomorrow our other members may be forced to face such situations
>
> 12) I have addressed the complaint to Hon'ble President as "Her Excellency" in my complaint. No defamatory statement is made by me and it has nothing to do with the present notice issued by CIC.
>
> Regards.
>
> ________________________________
> From: VB Singh <vijay_bsingh@yahoo.co.in>
> To: rti_india@yahoogroups.com
> Sent: Fri, 27 August, 2010 9:42:05 AM
> Subject: Re: [rti_india] Re: Another Major Threat to RTI Applicants- "Notice of CONTEMPT PROCEEDINGS BY C
>
>
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