Wednesday, June 22, 2011

Re: [HumJanenge] What clinched the Govt's decision to exempt CBI under Sec 24 ?

AG's views were discarded by the three Judge Bench(of Delhi HC) in SC/HC Judges' Asset/Liabilities Disclosure case.
The convoluted/confused views of the AG needn't find favour with the SC,if the arguments advanced by Sh Prashant Bhushan and the rationale provided by the said Bench have much to favour the proposed case to counter CBI's exclusion fromthee perview of RTI Act.
The political topbrass is mortally scared of the prospect of a non-partisan CVC and increasing monitoring control of SC over CBI cases.
How come suddenly when no public interest is seen to be lost,or when no problem in CBI investigation has been visibly seen to be countered,the exclusion has come to picture?What's the raison-d'etre at this stage for a re-think on part of the GOI?
Is it evidence-based decision? What's the evidence and how's it been evaluated? Is it the whole truth and nothing but the truth?
Is it CBI topbrass-based requirement, and if so, what's the whole history of the same?
Authritarianism,no matter how camoflouged,needs to be countered tooth and nail at all fronts.

On Wed, Jun 22, 2011 at 3:28 PM, C K Jam <> wrote:
I had file a RTI application with DoPT (quite some time back) 
seeking copies of complete file related to the exemption sought 
by CBI, under Sec 24. 
The information provided by CPIO was that file not available.

On a visit to Delhi, I got a chance to inspect the complete file (along with Mr Sarbajit).
It seems that the final clincher was the '"opinion" given by the Attorney General (AG).

Basically, he has tried to extend the term "investigation" to include "intelligence  and security", so that
the main prerequisite for exemption under Sec 24 is satisfied.

Based on what we saw in the files, we have decided to directly approach the SC, 
as soon as it reconvenes after the summer recess.
Any member/s desiring to join us and strengthen the petition/plea in the SC, 
please send a separate email (off group) to a separate email id which will be provided by
Mr Sarbajit shortly. DO NOT extend support by hitting the reply button !

Attached is the 11 page opinion of the AG.


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