Sunday, January 9, 2011

Re: [HumJanenge] Case Law-Matter argued in open court disclosable under RTI

Dear Shri Abrol / Shri Chitkara
 
     I am not sure whether the reply posted on Humjanenge Board by Shri Abrol, in response to poser made by Shri Chitkara regarding case law he is looking for, answers what Shri Chitkara wanted to know. The mail as ciculated appears incomplete as it ends abruptlly wijthout the sentence even being completed. Shri Abrol has brought in the aspect of citizens at large having knowledge, and for that matter intimate knowledge, of various Articles of Indian Constitution. Shri Abrol has cited reference to Articles 32 and 226.of the Constition. Article 32 deals with "REMEDIES FOR ENFORCEMENT OF RIGHTS CONFERRED BY THIS PART", and it goes on to say that "The right to ;move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this part is guaranteed". Further, Article 226 cited by Shri Abrol deals with "POWERS OF HIGH COURTS TO ISSUE CERTAIN WRITS" 
 
   It is for Shri Chitkara to tell whether the expert advice tendered by Shri Abrol precisely answers what he desired to know. The Articles 32 and 226 quoted b;y Shri Abrol appear to have no relevance in this case matter. Since this mail has been put on Humjanenge Board and circulated to all members, I also felt tempted to read it & absorb the expert advice / guidance tendered by Shri Abrol. To me, the expert advice tendered does not make any sense in as much as it does not touch upon the issue which was raised by Shri Chitkara, and it appears to be an off the cuff response without understanding the poser made in order to elicit information / benefiting from the experience of other members. Most often, we come across many such responses being posed on rti board and it keeps on circulating endlessly engaing time & attention of one and all, without any fruitful outcome.
 
     My request to all is that we should put our views / responses on Humj;anenge board after giving the matter / issue thrown up, a reasoned understanding. This will be more fruitful manner of sharing knowledge / information with other members.
 
     While writing this mail, I do not mean any offence to any one  I just wanted to express myself about the quality of mails that we ofter get on this board
 
     S K NANGIA 

--- On Sun, 9/1/11, Rakshpal Abrol <rakshpal.abrol@yahoo.co.in> wrote:

From: Rakshpal Abrol <rakshpal.abrol@yahoo.co.in>
Subject: Re: [HumJanenge] Case Law-Matter argued in open court disclosable under RTI
To: humjanenge@googlegroups.com
Cc: rakesh.chitkara@yahoo.com
Date: Sunday, 9 January, 2011, 4:00 PM

How many people generally know the Constitution of India? As per Article 32 and Article 226, all the order he 
 

Warm regards,
 
Rakshpal Abrol
Consumer Activist
9820203154
rakshpal.abrol@yahoo.co.in



From: Rakesh Chitkara <rakesh.chitkara@yahoo.com>
Sent: Fri, 7 January, 2011 9:59:48 AM
Subject: [HumJanenge] Case Law-Matter argued in open court disclosable under RTI

Dear Friends,
 
I recall having read a judgement on the issue that when a matter has been argued in an open court, matters relating to it cannot be declined to be disclosed, having already come under public domain.
 
Would the informed members kindly cite the case-law ?

Regards,
Rakesh Chitkara



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