Former CIC challenges notice by CIC

[Raminder Singh]

Reliable sources, who decline to be quoted, inform that former Chief
Information Commissioner Wajahat Habibullah has refused to part with a
copy of the contempt notice served on him by the Supreme Court of
India in December 2009. The information had been requested under RTI
by a citizen from Bengaluru S Umapathi on 7th September 2010 when Mr
Habibullah was the Chief Commissioner. When Mr Habibullah refused to
divulge the contempt notice to the PIO of the Commission, he was
served a third party notice immediately after he demitted office. It
is now reported that Mr Habibullah has denied that any such contempt
notice, as widely reported in the media, was ever served formally on
him.

[wajahat]

I don't recall having seen any such mention in the press. Can you let me have a copy?

Wajahat

[sroy1947]

http://timesofindia.indiatimes.com/india/RTI-Act-being-used-to-dislodge-CIC-himself/articleshow/5410903.cms

"MUMBAI: Ironically, the Right to Information (RTI) Act is being used
to unseat Chief Information Commissioner (CIC) Wajahat Habibullah
himself.
Habibullah's woes
After serving as CIC for four years, Habibullah tendered his
resignation on October 20, 2009 in order to become chief State
Information Commissioner of J & K. He would have been the first to
hold this post.

However, on December 4, 2009, the Supreme Court served him a contempt
notice for publishing on the CIC website a detailed reasoned order
concerning the need for transparency in the elevation of high court
judges to the SC. The SC said the order lowered the dignity of the
court. "

Also

"THE SUPREME Court on Friday (December 4), issued notice to India's
Chief Information Commissioner Wajahat Habibullah on a criminal
contempt petition filed by the Union of India and mentioned by
attorney general GE Vahanavati.

The petition alleges that publication of two controversial decisions
on the website of the Central Information Commission lowers the
dignity of the court and interferes in the administration of justice.
The petition also alleges that the two CIC decisions were in fact
written by Prashanth Bhushan advocate for the appellant one Subhash
Chandra Agrawal.

The contempt petition goes on to state that the appellant Subhash
Chandra Agrawal is a professional information seeker fronting for a
coterie of Supreme Court advocates styled as ‘Committee for Judicial
Accountability’ seeking to promote a few candidates for judgeship and
the CIC is collaborating with busybodies bent on tarnishing the
court's image.

Habibullah has now decided to stay on as chief information
commissioner to answer these charges levied against him in his
personal capacity.

The Supreme Court had decided to take the unusual step of staying the
CIC's orders directed against it for the reason that Agrawal's right
to information (RTI) appeal had raised queries concerning the passing
over of Chief Justice AP Shah of the Delhi High Court who is himself
hearing a previous matter of Agrawal's in the Delhi High Court versus
the apex court."

and

"New Delhi: The Chief Information Commissioner of India Wajahat
Habibullah has consented to withdraw his resignation from the office
to the President of India. Wajahat Habibullah, who had resigned as the
ChiefInformation Commissioner of India, on 20th Oct 2009 was supposed
to take up his new assignment as the watchdog to the Right To
Information in Jammu and Kashmir on Oct 26.

According to informed sources the development was consequent to the
criminal notice issued today by the Supreme Court of India in a
contempt of court motion filed against Shri Habibullah by the
Solicitor General of India citing 2 recent decisions of the
CentralInformation Commission ordering the court's Public Information
Officer to disclose cerrtain information pertaining to the recent
appointment of some judges of the court. If Habibullah had taken up
his new assignment in J&K he would have had to defend the case in his
personal capacity.

The Union of India has alleged that the publication on the CIC's
website of these controversial decisions containing scandalous
pleadings of the appellant has tended to lower the dignity of the
Court and interfere in the administration of justice by busybodies in
collaboration with the CentralInformation Commission."

Sarbajit

[wajahat]

Sorry! I never knew of any such notice nor was I served any, but I did withdraw my resignation on governement's advice.

Wajahat

----- Original Message -----

From: sroy1947 <sroy...@gmail.com>
Date: Saturday, October 30, 2010 9:02 am
Subject: [HumJanenge] Re: Former CIC challenges notice by CIC
To: HumJanenge RTI India Right to Information Act 2005 <HumJa...@googlegroups.com>

> http://timesofindia.indiatimes.com/india/RTI-Act-being-used-to-
> dislodge-CIC-himself/articleshow/5410903.cms

[Dr. Jagnarain Sharma]

Dear all
If during the service, on a matter relating to the office if
Hon. apex court has issued contempt notice, that stand discharged,
after he retires, if the officer has replied to the satisfaction of
Court Notice or sent a written Mafinama, which normally every officer
does.
So many contempt notices are served by court every day,
which we can peruse from the cause list of the HC/SC and in most of
the contempt cases, the reply is submitted with mafinama ( if there
is some not a willful mistake).
In the courts number of contempt notices are issued even
against Advocates,
we should not make a hue and cry for such matters.
May be any one, LIKE uMAPATI who was prejudiced with the
action of Mr Wazahat, he want to take him to task. Any one will do
it, who is aggrieved and was hurt with some action of Mr Wazahat,
during the period he was CIC.
If he has sent reply to PIO that there is no contempt notice
against him, PIO should send the reply/information to the person who
sought the information under RTI.
I am sure, that the new CIC is competent enough to deal with
the matter himself, without further involving Mr Wazahat and let him
attend the complaint if any pending in the office of CIC, which might
have been filed by any person like Mr S. Umapati.
REGARDS
DR. JN SHARMA
ADVOCATE/HUMANRIGHTS/RTI ACTIVIST