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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     06 November 2010

Right To Information Act 2005

Art. 19(1) (a) of the Constitution of India provides that all citizens shall have the right to freedom of speech and expression. Further Article 19(2) restricts by stating that nothing in Art. 19(1) (a) shall effect the operation of any existing law or prevent the state from making any law in so far, as such law imposes reasonable restriction on the exercise of the right conferred by the said sub-clause.

The right to impart and receive information is a species of the right of freedom of speech and expression guaranteed under Art. 19(1) (a). Taking the Judicial verdict rendered by Hon'ble Supreme Court of India and High courts in a right perception, Indian Parliament passed the RIGHT TO INFORMATION ACT 2005, which came into effect from 15.06.2005. This enactment set out its objectives in the Preamble, which aims to promote transparency and accountability in the working of every public authority. The Act entitled the citizen to know the details of governance subject to certain limitation.

To know more about the Act, readers are advised to read the Act before they seek information, as the subject matter produced here is not exhaustive. Further they are requested to refer the judgment rendered by Hon'ble Supreme Court in the case of Akhil Bharat Goseva Sangh(3) Vs. State of A.P. and other reported in 2006 (4) SCC 162.



Learning

 4 Replies


(Guest)

Dear Rajkumar ji, it will be highly appreciated if you please post the text of the judgment of SC referred in last para. Thanks.

AEJAZ AHMED (Legal Consultant/Lawyer)     07 November 2010

 

AKHIL BHARAT GOSEVA SANGH

                   VS.

STATE OF A.P. AND OTHER

REPORTED IN 2006 (4) SCC 162.


Attached File : 0 0 akhil bharat goseva sangh vs state of a p ors on 29 march 2006.pdf downloaded: 192 times

(Guest)
Thank you Mr.Aejaz Ahmed.

Dipak Kumar Adhikari (Jr. Assist. A/C)     07 April 2011

 

Kind Attention

To,
The Hon’ble
Incharge if the department.

Madam/Sir,

Sub: Your prompt action shall be highly appreciated and deserves to be lauded. Which can save me and my family members (My old aged father, Mother and my only solitary daughter 5 years)

Police / Political Leaders / Judicial Magistrate to take bribe I have lots of evidence, I think not taken any action because many Police Officer including IPS Officer, and Many Government employee are lose there service and go to jail. So not take any action. Am I right?

I'm poor and get Below Poverty Line (BPL). So I can't get any judgment? Kindly, share this valuable information wherever/proper place if possible.

A case was filed by me In the court of LD. C.J.M. At Barasat, Date: 13.04.2010 U/S- 156(3) of criminal Procedure code charge U/S: 323, 379, 406, 479, 498, 500, 506 READ WITH 34/120B OF INDIAN PENAL CODE. The case is starting At Baguiati Police Station Case No-168 Date: 24.04.2010.

The I.O. At Baguiati Police Station of the case has already been charge sheeted according the names. The I.O. At Baguiati Police Station accused all miscreants in the charge sheeted but neither took any measures to round up them rather they paved enough (more then 2.5 months) time which make them the way to take bail.

Anyhow Application under Section 438 CrPC Among the accused person Shankar Kumar Samanta (S.B.I. Officer) and his son Sandip Samanta has been granted bail by the Ho’ble Calcutta High Court.

But it is painful to state before you the prime accused “Beauty Adhikari” and others accused were shown in the charge seeted “AS ABSCONDING”

Please note that the prime accused “Beauty Adhikari” others are large and they are available in there house, each and every time.

I therefore prey before your kind honoue to Make arrangements to arrest the prime accused “Beauty Adhikari” and others as they were shown in the charge sheeted “As prime accused ABSCONDING” Prime accused “Beauty Adhikari” and others are large and they are showing in there house, each and every time. I informed this matter to Sri Rahul Srivastava, IPS Officer. The Superintendent of Police. Barasat. And S.M.H. Meerza, Addl. Superintendent of Police. Barasat. North 24 Parganas. Barasat.

Your prompt action shall be highly appreciated and deserves to be lauded. Which can save me and my family members (My old aged father, Mother and my only solitary daughter 5 years)

Details

100% now I believe that if you have money then you can get anything, every thing is possible by you. If you are a poor then you can’t get anything, every thing is far and beyond possible to you, also you get poor judgment and poor comportment in all aspects of life, in our country INDIA. For example 1. I. I went to Police Station more than 100 times, made 5times entries (complaints) into G.D. but Not even a microscopic actions took place against the alleged bodies. On the contrary Sandip Samanta, S/O. Shankar Kumar Samanta (S.B.I. OFFICER Ph. No. 9830366434, Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337) he has much more and enough money so they purchase all police personnel’s and some political leaders, some Dada. Etc. Only I used to get many letters and many phone calls which all seem to me needs to be thrown in the trash, as it all are valueless, toothless and only simply a solace to the poor. What an undone boy I am! Woe is to me! My wife and her family, Shankar Kumar Samanta and his family harassed me and my family, they are torcher me physically and mentally (Mr. Shankar Kumar Samanta Kill me and my family any time any day).

We got married 05/03/2002, and have a daughter who took birth on 09/07/2005. My wife and her family (Including Shankar Kumar Samanta (S.B.I. Officer) and his son Sandip Samanta )lodged a case 498A/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, against me and some of my family members it’s a fabricated, baseless, legless, toothless and doesn’t have any commensurate to the fact. My wife is engaged and having an illicit affair with a boy (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Officer Ph. No. 9830366434, Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337) just opposite to my house, all the matters are known to every person in my village, and also they have certified me written about my fresh character and nature. When my wife left form my house with Sandip Samanta taking many vory gold and cash 1.20 lack Indian rupees. What a demon she is! She didn’t take our only daughter (only five years old) who is now in my house having severe asthma supported by inhaler. My wife filed the 498A case dated 31/08/2009 and I was arrested on 06/09/2009, how much money Taken Baguiati police form my father and others for 498A/34 I.P.C., fabricated Charge Sheeted, I don’t know, because then I’m in Jail. The Ld. court granted me on bail on 19/09/2009. Barasat court. I have lots of irrefutable evidences, (20 pcs. Adult S.M.S., Mr. Samanta’s Mobile Phone, Mr. Samanta’s SIM Card, Adult picture with the boy, G.D.E, MANY MANY OTHER PAPERS RELATED TO MY CASE and TWO c.d.),  with me where it is cleanly reveals which translates my wife and the boy that they are in illicit relations. Believe me I and my family would love very much (which is very rare seen in our society) to my wife and never any kind of love lost didn’t happen. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother saw 1st time and she arranged my marriage. Before marriage my family did not see the pedigree of my wife’s family, now we understood also realized that they hailed from a worst status. My wife, her family and (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Officer) all they are misusing this law. Now my wife’s family knows all the affair-related matter. My wife left our only solitary daughter to me who is 3 years old (Now 5 years) having severe “Asthma Disease, depends on INHALER, here political Hide and seek, ducks and drakes and lots of unfair means are going on and the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that in no way I can’t accept that demon wife. I hired a lawyer his name Mr. Kamelash Nandi. I don’t know what will be happened next? It’s an utterly a huge and a palpable offence subsequent to which the boy deserves severe and examplanary punishment so that no one can dare to abuse this law. My mother is a sugar present shies sugar is now 400. If possible please help me. Please investigate the matter thread barely and save me and my family. I leave here one question to every one that in this die-straits situation whom do I take care to myself (TRAGEDY), my daughter, or my mother (severe Diabetic). My wife filed another case me U/s. 125 Cr. P. C. Case NO.167/2009, J.M. 1st Court Sealdah, 1st Floor. Room No: 103, Kolkata-700014. South 24 Parganas. Date 16/12/2009. Mr. Shankar Kumar Samanta purchase Sealdah Court 1st J.M. I get only date and date and date...I am millions miles away from the genuine and authentic investigation and inquiry. No inquiry, investigation were executed against the F.I.R lodged by my wife. It is very painful, lamentable as well as heart rendering, breath taking affair to me and my family. My heart bursts into guffaw when I see the nature of the inquiry and investigation. One thing is as clear as crystal to me that the law and the task of the law enforcing agencies vary from man to man. A new proverb is going to take birth very soon that “Justice for the rich and Injustice is for the poor” A rich reserves the right to indulge in any kind of heinous business but the poor is restricted to involve in any type of excellent deeds” To see all these my heart is about to come in the mouth and the ground under my feet gets shook. In a word all types of Law are for the poorest and the richest will enjoy the richest judgments from all quarters.

After coming form the DumDum Central Jail, I mat with the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and asked him politely: “ SIR I FAILED TO UNDERSTAND THAT I MADE SO MANY ENTIRIES INTO YOUR G.D.E. BUT YET NO ACTION SO FAR HAS NOT BEEN TAKEN FORM YOURSELF” then BAGUIATI POLICE O.C. Mr. Goutam Mitra, went through all my papers (20 pcs. Adult S.M.S., Mr. Samanta’s Mobile Phone, Mr. Samanta’s SIM Card, Adult picture with the boy, G.D.E, MANY MANY OTHER PAPERS RELATED TO MY CASE and TWO c.d.). After seeing all my papers he told me that I cannot take any action until and unless you lodge a case against all of them.

Then I Prayed to the Ld. C.J.M at Barasat court to lodge the case, against the alleged person. (The payer to the Ld. C.J.M. is enclosed which is self-explanatory) after filing the case (The case is starting At Baguiati Police Station Case No-168 Date: 24.04.2010. CHARGE 323, 379, 406, 497, 498, 500, 504, 506 READ WITH 34/120B OF INDIAN PENAL CODE) the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, in stead of taking not any take investigation/ not take any action/ not take any type of query to recover my Cash and Gold form the house of Shankar Kumar Samanta, The BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, took my case as a Golden Goose, and how much money BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, has taken is well known to them. Neither he took any take investigation/ not take any action/not take any type of query nor he did roundup them against my case.

When I saw that already near by 90-100 days went by “ I went to the BAGUIATI P.S. to know the status of the case then BAGUIATI POLICE I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, became outraged me and my mother that if you ask about Shankar Kumar Samanta and his family I will sentence you and your family in the Jail, all their languages is so much filthy dirty which I cannot express front of you.

As I’m 100 percent innocent so I screw up my courage to place my grievances to every body in order to get redress. So I want to let my matter informed all the Indian and others. I wrote my matter to our local P.S., Local Councilor, all M.P., M.L.A., Minister in W.B. and Other States, C.M. in W.B., CBI Department, CID Department, S.P. and Dy.S.P.(N.) 24 Parganas, DGP Bhupindar Singh, All the I.P.S. AND I.A.S. OFFICERS, All DGPs/IGPs . Governor in W.B, and President in India 20th times write ((My Request/Grievance Registration Number is: PRSEC/E/2009/12581, PRSEC/E/2010/01100, PRSEC/E/2010/03797,  PRSEC/E/2010/08720,  PRSEC/E/2010/06692,  PRSEC/E/2010/12464,  PRSEC/E/2010/17088,  PRSEC/E/2011/00423,  PRSEC/E/2011/02405, PRSEC/E/2011/03705, PRSEC/E/2011/04474,……AND OTHER NUMBER I MISPLACE). P.M. in India, National/International Human rights department, AAP KI KACHEHRI – KIRAN KE SAATH, Kolkata Police, and all police officers in W.B. informed Kolkata Commissioner of Police, Manager S.B.I.-Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337. My nation, all of the news channels, and all press, The Central Vigilance Commission, Talking with some NGO’s: 1. Universal Right and Duty for Human to Abide URDHA, 2. Human Right Commission’s Mr. Ujjal Paul and Mr. Shibaji Dasgupta. 3. Bhatat Bachao Sangathan BBS. 4. Forum for Social Justice and Development FSJD. 5. Ajjtak News Channel’s Miss Menogya. and many more, (anybody can’t help me/ fight for truth /don’t take investigation/do not take any action/don’t take any type of query/ Still Now, many department told does not comes under the purview of our department. Then my question is where I go now? I see they all are in sound asleep. The reason is best known to them. I think not taken any action because many Police Officer including IPS Officer, and many Government employee are lose there service and go to jail. So not take any action. Am I right?

I hope you would care to me, your prompt action shall be highly appreciated and deserves to be lauded.

With kindest regards,

Dipak Kumar Adhikari

Tegharia(Dhali Para),NandanKanan. P.S.: Baguiati.  P.O.: Hatiara. Dist.: North24Parganas.

Kolkata-700059 Email: dipakadhikari59@gmail.com W.B. India. PH. 9874389190

 

N.B.: Sir/Madam, please you do not terror/fearfully/stupefied with fright. Fight for truth.


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