Dar Sir,
- I had asked certain info from Small causes court under RTI.
For info which they should have furnished to all under 4(1) (a) PIO replied that " compilation of such kind of information as sought by you is not maintained by the office.
The first appeal was dismissed without reasons.
Second appeal was lying idle as there was no SIC. Now on 23rd August there was a hearing before Shri Gaikwad. Myself and Shri Chugani attended. Inspite of my request that order be issued to PIO to give these info as required by law under RTI 2005. Shri Gaikwad just replied that inspite of orders from High court not many have given info under 4(1)(a). So as per him since it is customary in India that court and bureacrates are above law here too they are exempted to follow law.
I once again humbly requested him that atleast he can pass order to furnish these details in next sixth months or so if he is so sympathetic about Indian courts. He did not pass any order accordingly and remained silent in his order about 4(1)(a).
2. I had asked for copies of certain orders passed in 2010 in appeal court , Bandra. The PIO curtly replied that The information sought by you is in respect of judicial proceedings and record. Hence as per "The Maharashtra dist. courts Right to information( revised ) rules , 2009 , Chapter II rule no. 10 (3)", the information as sought by you is in respect of judicial proceeding/ record you shall obtain information as per the procdure prescribed for obtaining certified copy / inspection of documents by the rules and order, for time being in force in that behalf.
The SIC Shri Gaikwad has upheld the order of PIO. He has also upheld the 1st appeal which was just dismissed by one word appeal dismissed without citing any reasons.
My worries are :
1. I was subsequently sent my man to PIO for copy of these rules which he cited. But same was not given.
2. I searched on net but could not find on net too. ( Pl. f some one can help me with the link).
3. While RTI was made to simplify the life of harrassed , busy citizens who did not find time to chase delaying , red tap officers the court has misused the power given to them by making mockery of that spirit and franmed same rules and procedures which existed since the time we were enslaved in 1948. The folowing of these procedure means to make several visit, waste hours, bribe court clerk, take inspection of court register, make individual application, wait in court room for hours, and submit so many applications. Court has not chosen to simplify the procedure for citizens alraedy being persecuted, victimised , harrased made to pay heavy taxes , heavy fees for not efficient advocates but given the same path to follow.
4. If you go to registrar or any of office clerkthan you have to wait, explain, come in their eyes, oblige, please, etc etc which wa happenin for last shameful 60 years. RTI brought revolution and gave some dignity to citizens , gave some life to suffocated citizens living under rule of heavy taxes, delays, red tal[pe, anarchy, non accountability, partiality, arbitrarism, whims of system.The above rule thus enacted gives food to same deadly, poisonous venomus snake.My RTI to Mantralaya,police commissioner etc was just sent by post and I received detailed reply from them in time.
Howeever Indiasn courtsspecially Maharashtra High court does not want to give this relief, peace, grace, dignity to citizens of Maharshtra/ India and hence introduced above changes in their act.
can some one pl. comment, guide, help, fight, advise, raise voice against such draconian act " "The Maharashtra dist. courts Right to information( revised ) rules , 2009 , Chapter II rule no. 10 (3)".
Thanks and Regards,
Alok Tholiya,
Alok Tholiya,
Marigold Hall,Tholiya Bhavan,
10Th Rd., Santacruz East,
Mumbai 400055
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