Wednesday, June 22, 2011

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


Dear Venkatesh

This is a clear (ie. open and shut) case for Art 32 not 226. The worst that could happen is that the Court will fine us heavily, throw us out, and bring every Police, Armed Forces and Para-military organisation under RTI.

In any case, we hardly hear you or CHRI or NCPRI complaiing about your pet poodles like Mr Subhash Chand Agrawal (with his in-house NCPRI advocate who appears for him for "free") when he rushes to SC Similalry. we never heard you applaud the wonderful victory we won for RTI with the striking down of the CIC Management Regulations etc.


On Wed, Jun 22, 2011 at 3:49 PM, Venkatesh Nayak <> wrote:

Dear friends of RTI,
I would urge you not to rush to the Supreme Court first. Please try out the High Court first. If you get a negative decision from the Supreme Court then nothing can be done about it ever unless the government changes its mind. So please do not rush to the Supreme Court without trying out other options first.
I know you are going to blow me apart for this suggestion. But if you think calmly you will see what I am implying.

From: [] On Behalf Of C K Jam
Sent: Wednesday, June 22, 2011 3:28 PM
Subject: [rti_india] What clinched the Govt's decision to exempt CBI under Sec 24 ? [1 Attachment]


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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