Dear Rakesh
I am sorry to say that you have completely misread both the SC order as well as the HC one.
1) The judgment of the P&H HC (single judge) is completely whimsical and arbitrary. The entire line of argument taken by this judge concerning why the appellant should file an RTI is misconceived and akin to M.S.Gill telling Parliament "want info go file an RTI".
2) The SC has quite rightly IMHO thrown out the directions of the P&H-HC and restored the status of the CPC application (obviously after the Defendants came to their senses).
3) To expect pearls of wisdom on RTI to come from such 'bakwaas' and incidental cases is the height of wishful thinking. You may note that the applicant had originally applied under the CPC and not under the RTI. The HC order is clearly designed to GIVE THE PCSC ADDITIONAL EXEMPTIONS OF RTI ACT TO DENY INFO - WHEREAS THERE ARE NO SUCH EXEMPTIONS IN CPC.
4) Citizens of India should be grateful that the SC has seen through these tactics of the single HC judge and tossed his decision into the garbage pail where it belongs.
Sarbajit
--- In rti_india@yahoogroups.com, "growth" <snehcs2@...> wrote:
>
> dear sirs,
> supreme Court has evaded the chance to make important decision on RTI
> In the present case(three connected cases) , Supreme Court has first vacated the stay by dismissing the appeal (S.L.P. (C) No.8796 of 2006& SLP 8932/2006). Removing the road block (stay by dismissing the whole petition) in giving information under Court rules (application of Section 8(1)(b) by PIO) . And advised informally to get the information under the Court rules.
> complete decision is uploaded at following address.
> the https://docs.google.com/document/edit?id=1Je5KuSqSd66XDF9uloNDg0AHkPoK6AP3dgDoz6YbrC4&hl=en&pli=1#
>
> in the high court order under RTI , High Court had stated that even after Supreme Court
> stray of information under Court rules, information can be provided under RTI
> act.Section 8(1)(b) of RTI act, is not applicable.and explained difference
> between stay and Prohibition of giving information.
> High court order is
> at https://docs.google.com/fileview?id=0B2kSPe2kap7aMTQ2YTU3MmQtYjRkOS00OTY2LTg1ODItMDM0ODliOGI4NWFl&hl=en
>
>
> with regards
> rakesh gupta
>
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