Re: [HumJanenge] SC cannot deny information under RTI Act: CIC

The authority to make rules is prescribed under the Act. It is hardly possible that every public authority will proceed to make rules!

Wajahat

----- Original Message -----
From: "M.K. Gupta" <mkgupta100@yahoo.co.in>
Date: Tuesday, May 17, 2011 8:37 pm
Subject: Re: [HumJanenge] SC cannot deny information under RTI Act: CIC
To: humjanenge@googlegroups.com

> My dear Sarbajit Roy, >   > I advise u to please read section 3 and 22 of the RTI Act on this issue.  If in the past, some errenous decision has been given, it need to be corrected. >   > Section 3 says, Subject to the provisions of this Act, all citizens shall have the right to information. > Section 22 averres that the RTI Act to have overriding effect over Official Secret Act and any other law for the time bieng in force.  >   > Though I m not a lawyer or judge, but as a layman with average knowledge of law, I think there is no complicated issues to decide in view of these provisions. >   > However, I agree that Mr. Gandhi is not legally competent to override the decision of his superior but for this, activists should appreciate his zeal rather than criticizing him which has given one opportunity of churning on the issue..  >   > I m sure that now the matter will go to the HC or SC again and this will be an opportunity to revisit all the aspects. >   > With all the humbleness on my command and repsect for the former CCIC, I state that If we go with the decision of the former Hon'ble CCIC, Mr. Wajahat Habibullah, than many Public Authority shall claim to frame their own set of rules and regulations for giving information for showing a thumb to the RTI Act. >   > > --- On Tue, 17/5/11, Sarbajit Roy <sroy.mb@gmail.com> wrote: > > From: Sarbajit Roy <sroy.mb@gmail.com> > Subject: Re: [HumJanenge] SC cannot deny information under RTI Act: CIC > To: humjanenge@googlegroups.com > Date: Tuesday, 17 May, 2011, 1:28 PM > > Dear Mr Varma (and also Mr MK Gupta) > > It seems that you gentleman (like Mr Gandhi) are not aware of the facts concerning RTI process in the Supreme Court, and you would be well advised to read again Mr Habibullahs order in Adv Manish Khanna versus Supreme Court which is exceedingly well crafted considering the ground realities alluded to therein. It is another entirely that the decision in Adv Khanna's case was drafted by Mr LCSinghvi (the then JS-Law/CIC) and not by Mr Habibullah. The case number is CIC/WB/A/2006/00940 > > Sarbajit > > On Tue, May 17, 2011 at 12:15 PM, Narayan Varma <narayanvarma2011@gmail.com> wrote: > It is no bunking. It is taking different view if one is convinced that view earlier taken by IC/CIC is incorrect. If One is to follow always what is decided  earlier, there will be no development of law or progress of law or understanding different view in any matter. I believe view now expressed by IC SG is the correct view, In fact sometime before on this sight strong objection was taken in context of registrar of companies matter and decision was debunked by many members. > Narayan Varma > > > On 16 May 2011 23:51, Shailesh Kumar Shukla <shailesh183@yahoo.co.in> wrote: > Thanks for the updates.. > Please keep it up.. > Regards.... > > From: Sidharth Misra <sidharthbbsr@gmail.com> > To: humjanenge@googlegroups.com > Sent: Mon, 16 May, 2011 4:55:19 PM > Subject: [HumJanenge] SC cannot deny information under RTI Act: CIC > > IF IC Gandhi debunks his old boss Wajahat this way, does it mean that > the prior decisions of CIC/SIC has no precedential  value ? > > > http://goo.gl/umpW6 > > > > -- > Narayan Varma > 56B Mittal Tower, > 210 Nariman Point > Mumbai 400 021 > RTI PCGT helpline 09322882288            >  my cell   09821096052 >