In recent judgement given by Chief Information Commissioner, the counsel representing Supreme Court has agreed that office of Chief Justice of India is a public authority as defined in Right to Information Act. Full judgment of CIC is available here. The relevant portions are given below, with important points in bold:
Shri Devadatt Kamat, Learned Counsel for the Supreme Court presented
his vakalatnama, which has been taken on record. Shri Kamat also submitted that subsequent to the decision in the present case, it has been agreed by the Supreme Court of India that the Office of Chief Justice of India is indeed a public authority within the meaning of sec. 2(h) of the RTI Act. In light of this, the information sought by appellant Shri Nemi Chand Jain was that the complaint of
2.4.07 against Justice Shri Shiv Kumar Sharma of the Rajasthan High Court,
Jaipur had in fact been received, seen by the Chief Justice of India and lodged.
There is no file on the complaint. Upon this, appellant Shri Nemi Chand Jain
submitted that he had no further information to seek.DECISION NOTICE
It is now established and agreed to by all parties that the office of Chief Justice of India is a Public Authority within the meaning of Sec. 2(h) of the RTI Act, as part of the Supreme Court of India. The order of Appellate Authority, Shri M. P. Bhadran on appeal No. 2 of 2009 dated 17.1.09 is, therefore, set aside. Learned Counsel for the Supreme Court of India has also provided the information sought by appellant Shri Nemi Chand Jain, in the hearing. The appeal is thus allowed. There will be no costs.
There will be some conspiracy theories doing the rounds as to the timing and coincidence of this decision with upcoming retirement of Chief Justice of India on 12th May. It is common knowledge that CJI had opposed all along the inclusion of his office under Right to Information Act. Maybe the timing is more of a face saving device than anything else.
Dipak Kumar Adhikari says
Kind Attention
To,
The legal authority,
Department of Law and Justice.
Please send the matter to the appropriate authorities, if necessary.
Respected Sir,
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, and all time told that they kill me and my family. Dt. 06.08.2010 Case no.336 U/S: 147,148,448,325,379/34 Sandip Samanta, doing the case me and my family, and his evidence only his father, mother and his uncle, not a single man in my village for their evidence, it’s a 100% fabricated case.
We got married 05/03/2002, and have a daughter who took birth on 09/07/2005. My wife and her family 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 four 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 Learn” ed court granted me on bail on 19/09/2009. Barasat court. I have lots of irrefutable evidences, (20 pcs. Adult S.M.S., Adult picture with the boy and a 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) 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 4 years old 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, (Smt. Nita Sarkar J.M. 1st Court Sealdah South 24 Parganas. Date 16/12/2009.) They take 4(four) Advocate at Sealdah Court. 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., 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 proper 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 proper 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. Governor in W.B, and President in India. P.M. in India, P. ChidambaramUnion Minister of Home Affairs, 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, 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. Bharat 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 proper 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 can’t get Judgment still now. I see they all are in sound asleep. The reason is best known to them.
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: dipakadhikari_59@yahoo.com
W.B. India. PH. 9874389190