Thanks Gita for your update before his Lordship. I was also up before SR Bhat J.
It was my first appearance in any HC (well one lives and learns) so here is my report on my case ( DISCOMS of Delhi under RTI Act)
-------------------
On 5.7.2006 the first hearing of DISCOMs Writ Petition in Delhi High Court challenging CIC's decision in my 2nd Appeal versus DERC was taken up for admission. It may be recalled that the CIC had held the DISCOMs to be "public authority" under the RTI ACT.
Present: Advocate for DISCOMS, Adv. Prashant Bhushan for CIC (Resp.1) and myself in person (Resp.4) (GoNCTD and DERC not present)
I was most surprised that Adv.Bhushan who opened for CIC did not choose to defend the CIC's decision at all. Instead in a very sneaky move he acted as though he was representing me and set out a long defence of how the DERC is a very powerful body and could have summoned the information I sought (he read out most of my questions for the edification of the Bench) from the "private bodies" like DISCOMS u/s 2(f) of the RTI ACT.
I sympathise with Adv Bhushan - faced with a horribly poor decision of the CIC and a strong RTI application like mine - he chose the easy way out. Adv. Amit Kapur for DISCOMs then brilliantly countered by reading out the entire decision of CIC and ripped it to pieces. So by the time I stood up there was really nothing left for me to say (Prashant Bhushan having "stolen" my defence) except that I had not been served copies of documents (Amitji = knowing my tactics for spamming with IAs very well by now, promptly gave me all document outside Court), and all parties and his Lordship agreed that the present proceedings in HC would not interfere with my Civil Contempt Petition against DERC in the SC.
Next date is around 1.Aug.2006,. We have all been given time to file counters, matter is adjourned, and I think matter is not yet admitted. However, seeing the strong "questions of law" involved, I think this is going to be a long drawn out matter and admission is foregone conclusion.
Interestingly, his Lordship (Hon'ble Justice S. Ravinder Bhat) asked Adv Bhushan if he was familiar with provisions of the "Information Technology Act 2000" and "data protections / privacy principles therein". Adv. Bhushan said he was not. I am quite glad though, IT Act 2000 is one of my strong suits, and I am pleased as punch that we have a Lordship who appreciates the harmony of IT ACT 2000 with RTI ACT 2005 unlike all the rabble and also the CIC.
From the frontlines
Sarbajit
Gita Dewan Verma <mpisgplanner@xxxxxxxxx> wrote: my humble writ petition, amended to duly pray for
quashing of notifications enabling metroPD, was listed
today (05.07.06) before Justice SR Bhatt.
Gopal, my learned counsel, and I were spectators to
the proceedings. Counsel for DDA politely mentioned
our amending application and notice (of April) therein
and requested some more time to file reply. Lordship
began to dictate 2-weeks for counters, 2 weeks for
rejoinder. Counsel for DMRC half-heartedly brought up
again the stay on their 15 Ha amusement on my
riverbed. Lordship declined to tamper. I felt esp good
as spokeskid for dmrc, which never had lease or
license for the amusement, had called appu ghar
encroacher as its lease has allegedly expired:
http://cities.expressindia.com/fullstory.php?newsid=191362
Gopal, fully prepared for the umpteenth time to argue,
requested that the matter be listed for final
disposal. Lordship said something to the effect of
next-time. We are listed for 13 sep.
I was hugely relieved I was not given
post-notification hearing opportunity relief not
prayed for, as in the Tehkhand mess. (my application
dt 25.06.06 about that came up for hearing yesterday
and was withdrawn with leave to file substantive fresh
petition. I have not been able to confirm but hope
that the application served its purpose of preventing
Authority decision to confirm the bid at the meeting
on 28.06.06).
__________________________________________________
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It was my first appearance in any HC (well one lives and learns) so here is my report on my case ( DISCOMS of Delhi under RTI Act)
-------------------
On 5.7.2006 the first hearing of DISCOMs Writ Petition in Delhi High Court challenging CIC's decision in my 2nd Appeal versus DERC was taken up for admission. It may be recalled that the CIC had held the DISCOMs to be "public authority" under the RTI ACT.
Present: Advocate for DISCOMS, Adv. Prashant Bhushan for CIC (Resp.1) and myself in person (Resp.4) (GoNCTD and DERC not present)
I was most surprised that Adv.Bhushan who opened for CIC did not choose to defend the CIC's decision at all. Instead in a very sneaky move he acted as though he was representing me and set out a long defence of how the DERC is a very powerful body and could have summoned the information I sought (he read out most of my questions for the edification of the Bench) from the "private bodies" like DISCOMS u/s 2(f) of the RTI ACT.
I sympathise with Adv Bhushan - faced with a horribly poor decision of the CIC and a strong RTI application like mine - he chose the easy way out. Adv. Amit Kapur for DISCOMs then brilliantly countered by reading out the entire decision of CIC and ripped it to pieces. So by the time I stood up there was really nothing left for me to say (Prashant Bhushan having "stolen" my defence) except that I had not been served copies of documents (Amitji = knowing my tactics for spamming with IAs very well by now, promptly gave me all document outside Court), and all parties and his Lordship agreed that the present proceedings in HC would not interfere with my Civil Contempt Petition against DERC in the SC.
Next date is around 1.Aug.2006,. We have all been given time to file counters, matter is adjourned, and I think matter is not yet admitted. However, seeing the strong "questions of law" involved, I think this is going to be a long drawn out matter and admission is foregone conclusion.
Interestingly, his Lordship (Hon'ble Justice S. Ravinder Bhat) asked Adv Bhushan if he was familiar with provisions of the "Information Technology Act 2000" and "data protections / privacy principles therein". Adv. Bhushan said he was not. I am quite glad though, IT Act 2000 is one of my strong suits, and I am pleased as punch that we have a Lordship who appreciates the harmony of IT ACT 2000 with RTI ACT 2005 unlike all the rabble and also the CIC.
From the frontlines
Sarbajit
Gita Dewan Verma <mpisgplanner@xxxxxxxxx> wrote: my humble writ petition, amended to duly pray for
quashing of notifications enabling metroPD, was listed
today (05.07.06) before Justice SR Bhatt.
Gopal, my learned counsel, and I were spectators to
the proceedings. Counsel for DDA politely mentioned
our amending application and notice (of April) therein
and requested some more time to file reply. Lordship
began to dictate 2-weeks for counters, 2 weeks for
rejoinder. Counsel for DMRC half-heartedly brought up
again the stay on their 15 Ha amusement on my
riverbed. Lordship declined to tamper. I felt esp good
as spokeskid for dmrc, which never had lease or
license for the amusement, had called appu ghar
encroacher as its lease has allegedly expired:
http://cities.expressindia.com/fullstory.php?newsid=191362
Gopal, fully prepared for the umpteenth time to argue,
requested that the matter be listed for final
disposal. Lordship said something to the effect of
next-time. We are listed for 13 sep.
I was hugely relieved I was not given
post-notification hearing opportunity relief not
prayed for, as in the Tehkhand mess. (my application
dt 25.06.06 about that came up for hearing yesterday
and was withdrawn with leave to file substantive fresh
petition. I have not been able to confirm but hope
that the application served its purpose of preventing
Authority decision to confirm the bid at the meeting
on 28.06.06).
__________________________________________________
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Tired of spam? Yahoo! Mail has the best spam protection around
http://mail.yahoo.com
_______________________________________________
mpisgmedia mailing list
http://mail.architexturez.net/mailman/listinfo/mpisgmedia + Planning collaborative at http://plan.architexturez.org/
---------------------------------
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