Friday, October 29, 2010

[HumJanenge] Re: Former CIC challenges notice by CIC

"MUMBAI: Ironically, the Right to Information (RTI) Act is being used
to unseat Chief Information Commissioner (CIC) Wajahat Habibullah
Habibullah's woes
After serving as CIC for four years, Habibullah tendered his
resignation on October 20, 2009 in order to become chief State
Information Commissioner of J & K. He would have been the first to
hold this post.

However, on December 4, 2009, the Supreme Court served him a contempt
notice for publishing on the CIC website a detailed reasoned order
concerning the need for transparency in the elevation of high court
judges to the SC. The SC said the order lowered the dignity of the
court. "


"THE SUPREME Court on Friday (December 4), issued notice to India's
Chief Information Commissioner Wajahat Habibullah on a criminal
contempt petition filed by the Union of India and mentioned by
attorney general GE Vahanavati.

The petition alleges that publication of two controversial decisions
on the website of the Central Information Commission lowers the
dignity of the court and interferes in the administration of justice.
The petition also alleges that the two CIC decisions were in fact
written by Prashanth Bhushan advocate for the appellant one Subhash
Chandra Agrawal.

The contempt petition goes on to state that the appellant Subhash
Chandra Agrawal is a professional information seeker fronting for a
coterie of Supreme Court advocates styled as 'Committee for Judicial
Accountability' seeking to promote a few candidates for judgeship and
the CIC is collaborating with busybodies bent on tarnishing the
court's image.

Habibullah has now decided to stay on as chief information
commissioner to answer these charges levied against him in his
personal capacity.

The Supreme Court had decided to take the unusual step of staying the
CIC's orders directed against it for the reason that Agrawal's right
to information (RTI) appeal had raised queries concerning the passing
over of Chief Justice AP Shah of the Delhi High Court who is himself
hearing a previous matter of Agrawal's in the Delhi High Court versus
the apex court."


"New Delhi: The Chief Information Commissioner of India Wajahat
Habibullah has consented to withdraw his resignation from the office
to the President of India. Wajahat Habibullah, who had resigned as the
ChiefInformation Commissioner of India, on 20th Oct 2009 was supposed
to take up his new assignment as the watchdog to the Right To
Information in Jammu and Kashmir on Oct 26.

According to informed sources the development was consequent to the
criminal notice issued today by the Supreme Court of India in a
contempt of court motion filed against Shri Habibullah by the
Solicitor General of India citing 2 recent decisions of the
CentralInformation Commission ordering the court's Public Information
Officer to disclose cerrtain information pertaining to the recent
appointment of some judges of the court. If Habibullah had taken up
his new assignment in J&K he would have had to defend the case in his
personal capacity.

The Union of India has alleged that the publication on the CIC's
website of these controversial decisions containing scandalous
pleadings of the appellant has tended to lower the dignity of the
Court and interfere in the administration of justice by busybodies in
collaboration with the CentralInformation Commission."


On Oct 30, 4:04 am, wajahat <> wrote:
> I don't recall having seen any such mention in the press. Can you let me have a copy?
> Wajahat
> ----- Original Message -----
> From: Raminder Singh <>
> Date: Friday, October 29, 2010 9:47 pm
> Subject: [HumJanenge] Former CIC challenges notice by CIC
> To: humjanenge <>
> > Reliable sources, who decline to be quoted, inform that
> > former Chief
> > Information Commissioner Wajahat Habibullah has refused to part
> > with a
> > copy of the contempt notice served on him by the Supreme Court of
> > India in December 2009. The information had been requested under RTI
> > by a citizen from Bengaluru S Umapathi on 7th September 2010
> > when Mr
> > Habibullah was the Chief Commissioner. When Mr Habibullah
> > refused to
> > divulge the contempt notice to the PIO of the Commission, he was
> > served a third party notice immediately after he demitted
> > office. It
> > is now reported that Mr Habibullah has denied that any such contempt
> > notice, as widely reported in the media, was ever served
> > formally on
> > him.

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