Thursday, August 26, 2010

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


 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. 


From: VB Singh <>
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


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 <> wrote:

From: sarbajitr <>
Subject: [rti_india] Re: Another Major Threat to RTI Applicants- "Notice of CONTEMPT PROCEEDINGS BY C
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.


--- In, 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

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