Thursday, August 26, 2010

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

 

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,
> Â
> 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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