Monday, July 16, 2012

[HumJanenge] Attn.: Mr. Girish Mittal

Dear Sarbjeet,

(a) Judges/ almost judges have right to independent opinion. It has been happening all these years and will continue to happen in various courts including high courts and supreme court.

(b) The full bench decision in RR Patel vs. RBI in an illegal decision and it was constituted merely to overturn the decision of Ansari...Wajahat merely wanted to appease RBI, hence he constituted a full bench...What is the reason to follow such decision? 

(c) i don't really want to comment on decisions of DHC- Justice Vipin Sanghi...He doesn't seem have much love for Shailesh Gandhi and I would like to believe that it is mutual. SC has said that ex-parte stays should not be granted for more than 2 weeks-Hon'ble Mr. Sanghi doesn't seems to believe in the same..I wonder if you have the guts to write a critique to Mr. Sanghi citing the judgement of SC? Would you do that Mr. Roy?

(d) I don't know the background and work of Mr. Shekhar Singh...so  I would refrain from commenting. As for identical queries, I don't see any reason why the queries asked should not be answered by CIC...be it for Shekhar Singh or my father or anyone else...Information under RTI can be denied only under section 8 or 9..here CPIO has not claimed any such reason for denial...

(e) I and my father don't work for anyone..We file RTIs for the causes which we believe in...We don't need to explain anything beyond that...

(f)  I can claim to know Shaileshbhai...Infact, I got to know him better after he became IC and heard several cases...He did not agree to our queries in many cases..but it doesn't mean he became my sworn enemy...I also know Wajahat equally well...and know what all he is capable of doing...

(g) You havent answered my query on Akashdeep..what business does he have in not following order of commission, however illogical it may be???

(f) CIC being a collegium is pending before SC..But if it were to happen, CIC would cease to function..already it is in ICU...it will die its natural death...

 Girish
     
    Thanks for reverting
     
    1) It seems that you agree that individual Information Commissioners
    sitting singly can pass orders disregarding the previously passed
    decisions of other ICs (especially the Chief).
     
    2) Mr. Shailesh Gandhi goes 1 step further by openly disregarding
    decisions of "Full Benches" of the Commission even when they are
    brought to his notice by the parties. He says that "this
    Commission" (whatever that may mean) "respectfully disagrees" and then
    passes his orders. What are the poor appellants expected to do with
    all this confusion ??
     
    3) Well they go to High Court.and get scathing orders passed
    concerning his "lack of judicial discipline".
     
    4) My particular grievance was against Mr. Shekhar Singh, the Google
    financed "spy", who was intent on getting the Govt instrumentalities
    to digitise tens of thousands of documents for him, (at 60 paise per
    page) to be provided to him at Rs. 50 only. Not only is this a
    collossal waste of tax payers money, he was doing this at Google's
    behest so that Google could publish it (like they publish so many
    books still under copyright). It is another matter that Mr. Shekhar
    Singh was assuming the garb of a transparency advocate till I got him
    to admit during proceedings that he had received over Rs. 1 crore from
    Google for all this.
     
    5) I was therefore shocked to see the identical queries ostensibly
    submitted by your father. The queries were submitted well after the
    Shekhar Singh order (which was publicised from this group also). Since
    it is well known that Google (which is closely associated with
    America's intelligence agencies and is a CIA front) is financing
    many
    so-called RTI Activists in India, I was curious if you / your father
    are among them ? Or are you unwitting pawns of the NCPRI (what I call
    "RTI taxis" like Subhash Chandra Agrawal who will file an RTI for
    anyone .. or qv. your RTIs against Corporation Bank, BoB etc).
     
    6) We have different views on Shailesh Bhai. Since you are from
    Mumbai, you probably know him better than me. Mr. Habibullah, for all
    his faults at least afforded me the opportunity to intervene as 3rd
    party in Shekhar Singh's matter and get the information denied, why
    could not Shailesh Gandhi not do the same in your case ?
     
    7) Kindly note that I am not defending Aaakash Deep. Like him, I am
    aggrieved at Shailesh Gandhi's completely, egoistic, incompetent,
    legally illiterate style of functioning, and also the deep and
    pervasive stench of corruption in his office when he was an IC. You
    don't know all the facts in AkaashDeep's case, I am sure the truth
    will come out eventually despite Shailesh engaging some big legal
    names to see that it doesn't.
     
    8) regarding 19(7). ALL citizens are aggrieved by ALL ICs sitting
    singly and their orders. When I got the Delhi High Court to declare
    that ICs sitting singly was illegal the entire NCPRI brigade was up in
    arms and got CIC to approach the SC - despite ANT, Deepak Sandhu etc
    publicly agreeing with my reading of the RTI Act - The CIC is a
    "collegium" like the US Supreme Court, and must sit jointly to decide
    all cases.. That is the only way to stop corrupt ICs sitting singly.
     
    Warmly
    Sarbajit

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