Page 2 of 2 FirstFirst 12
Results 9 to 11 of 11
  1. #9
    Posts
    521
    Blog Entries
    1
    Mentioned
    0 Post(s)
    Tagged
    1 Thread(s)
    Quoted
    0 Post(s)

    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: http://cic.gov.in/CIC-orders/WB-09052008-01.pdf
    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.


    › Find content similar to: Are judicial officers above information commission?



  2. #10
    Posts
    43,873
    Name:
    C J Karira
    Blog Entries
    9
    Mentioned
    43 Post(s)
    Tagged
    14 Thread(s)
    Quoted
    168 Post(s)

    Re: Are judicial officers above information commission?


    opsharma,

    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.

    19.
    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. #11
    Posts
    154
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quoted
    0 Post(s)

    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.

Page 2 of 2 FirstFirst 12

Tags for this Thread



About RTI INDIA

    RTI INDIA: Invoking Your Rights. We provide easy ways to request, analyze & share Government documents by use of Right to Information and by way of community support.

Follow us on

Twitter Facebook youtube Tumblr RTI Microblog RSS Feed Apple App Store Google Play for Android