Monday, October 11, 2010

[RTI INDIA] Re: Appointment of Information Commissioners.

Dear Sunil,

I am addressing this email to you in my rarely exercised
Moderatorship role.

I (as moderator) do not tolerate ESTABLISHED misinformation
to be disseminated through this groups' resources. This is done
purely as a service to our members.. You are perfectly free to do
so on HumJanenge/ RTI4empowerment or all those other groups.

I want to remind you about the followind judgment of the
Delhi High Court. I'm sure you know it because you were a
party (albeit a dummy party) and we have thoroughly discussed
this judgment on the Yahoogroup.

"IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 12918/2009 and CM APPL No. 13793/09

KRISHNA RAO AND ORS ..... Petitioners
Through Mr. Prashant Bhushan with Mr. A.Rasheed Qureshi, Advocate

versus

UNION OF INDIA AND ORS ..... Respondents
Through Mr. A.S. Chandhiok, ASG with
Mr. Vineet Malhotra, Mr. K.Singhal,
Ms. Geetika Panwar and
Ms. Shikha Bhardwaj, Advocates for UOI.

CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE DR. JUSTICE S.MURALIDHAR

O R D E R
18.11.2009


1. The prayer in this petition, styled as a Public Interest
Litigation, is that
this Court should issue a direction to the Respondents to widely
advertise the
post of Chief Central Information Commissioner and give sufficient
time and
opportunity for submitting candidatures to a wide cross-section of
those who may
be eligible for the post, all over India and in all walks of life. The
second
prayer is for a direction to the Respondents to declare specific
criteria of
suitability for the post of Chief Central Information Commissioner and
use the
said criteria to conduct transparent, non-discriminatory screening
procedures to
select the best among the candidates. It is prayed that pending the
disposal of
this disposal, the Respondents should be directed not to appoint any
Chief
Central Information Commissioner or Chief Information Commissioner.

2. We are of the view that the prayers made are incapable of being
granted by
this Court. It is not for this Court to lay down the specific criteria
of
suitability for the post of Chief Central Information Commissioner.
Also it is
not possible for this Court to direct the Respondents to follow any
particular
procedure in making such appointment. The reliance placed in this
connection by
learned counsel for the Petitioners on the decision of the Supreme
Court in
Suman Gupta v. State of J and K (1983) 4 SCC 339 is misplaced. The
observations
of the Supreme Court in that case were in the context of admissions to
medical
colleges.

3. In the considered view of this Court the concerns expressed in this
petition
are to be addressed by the Parliament. The Petitioners might want to
build
public opinion through a wide consultative process and thereafter
persuade the
Parliament to bring about the necessary amendments, if any, to the
Right to
Information Act, 2005.

4. The petition and the pending application are dismissed.

CHIEF JUSTICE
S. MURALIDHAR, J.
NOVEMBER 18, 2009
rk
WP(C) No. 12918/2009"

Now, I want to remind you further, that from the outset, the experts
on this
group repeatedly, (this means many times), told you people that you
were
foolish, and that your case was pathetically weak. You did not listen,
and
if today we have this slew of IAS babus being appointed as CICs it is
only
because of the complete FAILURE of you bunch of jokers in the Delhi
High Court

If anyone is hand in glove with the corrupt netas to get pliable babus
appointed as ICs and CICs (Shailesh Gandhi being a prize example)
it is cheap publicity seekers like Krishna Rao and yourself. So I
would
herefore advise you and the other publicity agents for Rao's cheap
theatricals to keep your established nonsense off this group.

Warmly.

Sarbajit

On Oct 11, 10:52 pm, Sunil Ahya <sunila...@gmail.com> wrote:
> Dear Friends,.
>
> The Government of India is bound both morally as well as legally to
> advertise for the post of Information Commissioners and thereafter adopt an
> elaborate and objective screening procedure while making Appointment of ICs,
> and it is in that direction that concerted efforts have been made time and
> again by a number of activists, from various states, across the nation.
>
> To the best of my knowledge following efforts have been made by people of
> various States, on the subject of bringing about Transparency in the
> Appointment Process of ICs:
>
> * A group of persons from Karnataka challenged the appointment of an IC.
>
> * We a group of concerned citizens had filed a petition in Delhi HC.
>
> * An activist from UP had successfully challenged the appointment of an IC.
>
> * Activists from TamilNadu protested on the subject and were taken into
> police custody for a day. They have subsequently filed a petition
> challenging the appointment process in the HC, which is awaiting trial.
>
> * RTI Activists from Kerala met the Governor and approached the Kerala HC
> over the same subject.
>
> * Appointment of new IC to APSIC challenged in HC.
>
> * A meeting was convened for the same at Indian Institute of Public
> Administration (IIPA) in Delhi recently in the month of August, 2010, and
> approx. 50 RTI stakeholders from all over the country attended the seminar,
> wherein it was resolved to put forward to the Central Government, the
> suggestion of inviting nominations by advertising and subsequently adopting
> an elaborate screening procedure while making appointments to the post.
>
> * A deputation of RTI Activists from the state of J & K called up on Leader
> of the Opposition in Lok Sabha Sushma Swaraj in N Delhi to discuss the
> selection process for the Central Information Commission.
>
> * We organized this fasting method (Krishnaraj came forward and myself, Mr.
> Vora & Mr. Afzal organized and facilitated the same), coupled with an online
> e-campaign urging people to write letters, faxes & phonograms to Shri
> Hazareji, Governor, CM and other concerned Government authorities, to
> achieve the same objective of transparency in the process of appointment of
> ICs.
>
> * A well known organization from Delhi is in the process approaching the
> judiciary on the same subject in the near future.
> *
> I believe that concerted efforts from various states and increased awareness
> amongst the citizens will ultimately achieve the objective of transparent
> appointments uniformly through out the nation, sooner than later.*
>
> "Every country has the government it deserves." Joseph Marie de Maistre
> Friends let us discuss the objective of the efforts and not discuss
> individuals and the methods employed for the same (as far as the methods are
> democratic & peaceful).
>
> Best Regards,
>
> Sunil.

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