Friday, August 27, 2010

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

Dear moderators of this group.

1. The volume of spam in our inbox originating from this group is
intolerable, The spam filters need to be readjusted to ruthlessly
filter out contributions not concerned with RTI.

2. A cabal of disgruntled officers facing serious disciplinary and
corruption charges, now masquerading as RTI activists @whistleblowers,
have obtained membership recently to this group and started using our
groups bandwidth to divert our focus from discussion on RTI instead to
unwarranted accusations against Information Commissioners.

3. The contempt notice from the Central Information Commission to Mr.
Umapathi S is
a clear caution that free speech has its limits. Mr Umapathi seems
oblivious to the high office of the President of India in his
defamatory complaint concerning ANT which is replete with invective
and personal spite. One seriously wonders how a public authority like
the State Bank could employ such individuals, or why we should put up
with them at our group.

4) The case of Mr VB Singh is even more serious and deserves immediate
intervention. He is a practiced hand at misusing yahoo groups since
In another example from 2006 he managed to fool Kumaraswamy of INDIARTI
The wild allegations and intemperate language used by Mr Singh in this
email mandate that such persons should not be allowed to post to/from
this group or communicate with our members. Shailesh Gandhi, Rajesh
Darak and other Mumbai activists have filed over 120 RTI requests
collectively on behalf of Mr Singh, a vigilance officer, who faces
numerous serious accusations of corruption in cross cases iof
smuggling nvolving Abu Salem, Chota Rajan gangs.


> From: umapathi s <>
> 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:
> 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 <>
> To:
> 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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