You are too correct that ngo persons have dictated this order of
Annpoorna Dikshit. Mr Venkatesh Nayak had
drafted it and all his child-like arguments has been thrown out by High Court.
When a 5 member Bench of CIC which also includes Mrs Dikshit filly
inquired into Dsgupta claim that it is
human rights matter and finds that when undetrial is legally in jail
with all rights available underthe law
there is no substance in "human right violation".
http://www.rti.india.gov.in/cic_decisions/FB-25082009-01.pdf
28 .. The Commission is, therefore, required to determine as to
whether the information asked for by
the appellant in this case pertains to allegation of human right's violation.
29 ..The question, therefore, arises as to whether questioning
detention in connection with a case and under the orders of a court
can be termed as an allegation of violation of human rights.
31. A trial in a competent court of law does not take away human
rights of a citizen. In a country like ours, where supremacy of Rule
of Law is deeply embedded in the legal system, fairness in trial is a
matter of presumption and an accused gets a fair opportunity to defend
himself. Detention, therefore, under the orders of a court cannot be
treated as violative of human rights.
S.D. Sharma
>In a smackdown for IC Annapurna Dixit, the Delhi High Court
has ruled that she was wrong to overlook the 3rd party (RAW)
angle in an appeal of spy Brig Ujjal Dasgupta versus CDAC.
>
>Ms. Dixit (formerly associated with some dubious NGOs) was
probably influenced by the bunch of Human Rights RTI activists
who were allowed to be present in her office while hearings
took place.
>
>Incredibly Ms Dixit in her order held Brig Ujjals's case to
be one of "human rights violation" as he is incarcerated
in Tihar jail, despite a full bench of CIC in another of
Dasgupta's cases finding that persons lawfully in jail /
undertrials do not fall under that category.
>
>Shame on you Ms Dixit for wasting the taxpayers money
and the High Court's time.
>
>http://lobis.nic.in/dhc/SMD/judgement/08-04-2010/SMD06042010CW90842009.pdf
>http://cic.gov.in/CIC-Orders/AD-04052009-01.pdf
>
>Sarbajit
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