Filling a WP against CIC - RTI
mohit
(Querist) 22 October 2010
This query is : Resolved
Dear sir
in recent case CIC has given an order which is against the act and also not in line with various precedent orders of Honble High Court given time to time. Infact CIC order decided by one IC is one of the odd one since various decisions by CIC IC's
were in tandom with act and HC judgements.
Can this decision of IC which is against precedent HC rulling be consider as contempt of court
I need to file a WP and looking for a advocate. I have all arguments/HC judgement avble with me.I am in delhi.
please advise
regards
Mohit
Raja
(Expert) 22 October 2010
well, could you update with some more details.
OR
better you contact to an advocate directly
Devajyoti Barman
(Expert) 22 October 2010
The orders of the CIC needs to be looked into first. The acts of the State attracts contempt of court when it fails and neglects to comply with the direction of the court of law. Mere passing of the order which is not in line of the judicial precedents is not sufficient for making the acts contemptuous.
Nu.Delhi.Law.Fora.
(Expert) 23 October 2010
Dear Querist,
As already passed by the CIC requires a study to form a prima facie opinion whether or not it amounts to Contempt of Courts. As a general rule, if State machinery (including CIC) fails and/or neglects to be guided by and/or comply with the directions of any Court of law, may amount to contempt and not by mere passing of an order which is merely procedural or administrative. But, of course, if there is judicial dictum and spefcific direction that has to be given effect to.
It is advisable if CIC order be examined in that line and you decide if the said Order needs to be challenged under writ jurisdiction before Delhi High Court.
Trust this would suffice.
Rabin Majumder
Advocate & Attorney
For Nu.Delhi.Law.Fora.
At:
Ch. 91, Sh. AK Sen Chambers Block,
Supreme Court of India
New Delhi - 110001
Also at:
53, Todarmal Lane
Near Post Office
Bengali Market
New Delhi.
