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Thread: Are judicial officers above information commission?

  1. #9

    Re: Are judicial officers above information commission?

    yes,Delhi HC and, Supreme court I am aware of PIOs,AAs. But nobody during all these debates have commented on an aspect which I find Ominous and extremely disturbing with serious repercussion. Please go through:
    HC case was represented by an advocate/counsel , and which the counsel for HC claimed was permitted by CIC earlier also.This is the most unfortunate precedence and must not be alowed.Based on this precedence of permitting counsels for various Govt agencies ,instead of enforcing AAs and PIOs to represent and defend their actions,Information Commissioners unwittingly or otherwise are creating fear psychosis in the minds of a common citizens arguing their own cases.

  2. #10
    C J Karira
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    Re: Are judicial officers above information commission?


    You are correct !
    If I were the applicant/appellant, I would quote Sec 19(5) in the second appeal proceedings. Only the PIO can defend himself. A counsel can't defend the PIO.
    At the most, he can assist the PIO during appeal proceedings.

    5. In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request.

    Further, penalties under Sec 20(1) can only be imposed on the PIO and not on any Counsel.

  3. Re: Are judicial officers above information commission?

    It will be most unfortunate if counsels are allowed by govt. I am sure whole thing will be tain-tain fis. Advocates are masters of adjourments and misleading the courts. I give you an example. In a flimsy case, one quotes three supreme/high court judgments without quoting relevant portion or their photocopies. If the presiding officer is intimidated by status of advocate, he will simply accept his version without going through the judgments. If opponent asks for judgements, he will ask for time to produce it. In the next sitting even he will produce long judgements. Who will read these.
    Moreover, these will become sources of obliging a particular set of advocates. We should do whatever is possible to stop this practice. Also CIC's should enforce discipline to the effect that arguments are strictly according to RTI act.

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