Dear Gita,
Please reread 4(1)(c), it says that all "relevant
facts" must be "published". You are treading in legal
minefields.
1) You may ask your counsel to explain what "relevant
facts" are (ie, IEA 1872 s.3, Chapter II IEA, and also
CpC)
My crude illustrations:
a) WHAT MoC has published is NOT a relevant fact
(strictly speaking) unless it affects an issue,
affects some rights etc., these may be agitated
through the normal processes of law.
b) THAT MoC has published IS a relevant fact.
2) What constitutes "published" ??
Section 499 IPC - the use of the word "publish" does
not contemplate those communications which one is
bound to make to others in the normal course of legal
duties. (This is well settled law). Also, publication
u/s 499 implies communication to a person OTHER than
to whom it is addressed.
So Gita, I may well be wrong, but please proceed
carefully and dont f**k the field for others. Remember
you are dealing with bureacrats who know the letter of
the law as well as we do, and any adverse decisions
will be harmful.
Sarbajit
--- Gita Dewan Verma <mpisgplanner@xxxxxxxxx> wrote:
> I had sent this on 17/10/05. Just realized I had not
> posted it on the list. In case of interest to
> anyone:
>
> (with covering request) Prior letters forming part
> of
> request made to all officials designated for purpose
> of Right To Information Act, 2005, in Ministry of
> Commerce to receive as information / request for
> rectification of omission u/s.4(1)(c), viz,
> non-publication of relevant facts pertaining to
> Revised Offer published on MoC website and
> non-publication of Issue Paper or relevant facts
> pertaining to Issue Paper tabled at Ministerial Core
> Group meeting on 13.10.05 and announced in press
> release of 14.10.05 published on MoC website
> http://plan.architexturez.net/site/anomie/RTI/gats
>
>
>
>
> __________________________________
> Yahoo! Music Unlimited
> Access over 1 million songs. Try it free.
> http://music.yahoo.com/unlimited/
> _______________________________________________
> mpisgmedia mailing list
> mpisgmedia@xxxxxxxxxxxxxxxxx
>
http://mail.architexturez.net/mailman/listinfo/mpisgmedia
>
__________________________________
Yahoo! Mail - PC Magazine Editors' Choice 2005
http://mail.yahoo.com
Please reread 4(1)(c), it says that all "relevant
facts" must be "published". You are treading in legal
minefields.
1) You may ask your counsel to explain what "relevant
facts" are (ie, IEA 1872 s.3, Chapter II IEA, and also
CpC)
My crude illustrations:
a) WHAT MoC has published is NOT a relevant fact
(strictly speaking) unless it affects an issue,
affects some rights etc., these may be agitated
through the normal processes of law.
b) THAT MoC has published IS a relevant fact.
2) What constitutes "published" ??
Section 499 IPC - the use of the word "publish" does
not contemplate those communications which one is
bound to make to others in the normal course of legal
duties. (This is well settled law). Also, publication
u/s 499 implies communication to a person OTHER than
to whom it is addressed.
So Gita, I may well be wrong, but please proceed
carefully and dont f**k the field for others. Remember
you are dealing with bureacrats who know the letter of
the law as well as we do, and any adverse decisions
will be harmful.
Sarbajit
--- Gita Dewan Verma <mpisgplanner@xxxxxxxxx> wrote:
> I had sent this on 17/10/05. Just realized I had not
> posted it on the list. In case of interest to
> anyone:
>
> (with covering request) Prior letters forming part
> of
> request made to all officials designated for purpose
> of Right To Information Act, 2005, in Ministry of
> Commerce to receive as information / request for
> rectification of omission u/s.4(1)(c), viz,
> non-publication of relevant facts pertaining to
> Revised Offer published on MoC website and
> non-publication of Issue Paper or relevant facts
> pertaining to Issue Paper tabled at Ministerial Core
> Group meeting on 13.10.05 and announced in press
> release of 14.10.05 published on MoC website
> http://plan.architexturez.net/site/anomie/RTI/gats
>
>
>
>
> __________________________________
> Yahoo! Music Unlimited
> Access over 1 million songs. Try it free.
> http://music.yahoo.com/unlimited/
> _______________________________________________
> mpisgmedia mailing list
> mpisgmedia@xxxxxxxxxxxxxxxxx
>
http://mail.architexturez.net/mailman/listinfo/mpisgmedia
>
__________________________________
Yahoo! Mail - PC Magazine Editors' Choice 2005
http://mail.yahoo.com