Dear Sundeep

1) One reason Shailesh Gandhi's email was not posted to this group
is because Shailesh Gandhi is not a member of this group.

2) A second reason could be that Yahoo automatically considers
to be "Spam" posts which are sent to multiple receipients.

3) You desired that I comment on your specific suggestion to Hon'le CJI
which is as follows.

The Hon Court while passing Orders, interim or final may direct-

"Appellant/Respondents Govt/ Public Authority to update their website
about Court's directions so given and action taken in pursuant
thereof;

As long as the Appellant's/ Respondent's website doesn't show up
details of action taken, non compliance of Court Orders can and should
safely be presumed and be alleged."

My comments are, briefly,

A) Usually the subordinate courts come under the concerned High Court and follow
the appropriate HC rules and may be supervised u/a 227.

B) It is not very clear to me if the SC has power to issue such
directions to subordinate courts by way of constitutional power akin
to article 227.

C) The RTI Act  mandates Suo-moto disclosure of administrative or
quasi-judicial orders which affect the public.. Suo-moto publication
of Judicial orders seem to to be left out from RTI Act in view of
existing legislation on the subject whereby only the concerned judge
at time of passing the order may allow it to be "reported".

D) If a party to a case publishes such orders, he may be liable to
contempt of court.

E) Being an L.LB , I am sure that you would recall what a Court may or
may not "presume" to be true.

These are just a few random thoughts. I am sure Mr Shailesh Gandhi
with his much vaster legal knowledge could explain why he thinks it is
a brilliant idea and what Hon'ble Justice Swatanter Kumar would think
of it.

Sarbajit

On 11/16/08, Sundeep Jalan <[EMAIL PROTECTED]> wrote:
> Respected Moderator,
>
> rti_india yahoogroup didnt showed Shailesh Gandhi's below email. Pls check.
> thanks, sandeep.
>
> --- On Sat, 15/11/08, shailesh gandhi <[EMAIL PROTECTED]> wrote:
>
> From: shailesh gandhi <[EMAIL PROTECTED]>
> Subject: Re: Implementation Of Orders
> To: [EMAIL PROTECTED]
> Cc: [EMAIL PROTECTED], [EMAIL PROTECTED],
> [EMAIL PROTECTED]
> Date: Saturday, 15 November, 2008, 11:11 AM
>
>
>
> Sundeep has come up with a brilliant idea. Congrats Sundeep.
>
>
>
> On Fri, Nov 14, 2008 at 11:53 PM, Sundeep Jalan <[EMAIL PROTECTED]>
> wrote:
>
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>
> Respected Sir,
>
> A suggestion has been made to Hon Chief Justice of India, text enclosed.
>
> You are kindly requested the same with due substitution of words.
>
> Suggestion made--
>
> To,
> The Hon Citizen of India and the Hon Chief Justice of India,
> Mr.K G Balakrishnan.
> The Hon Supreme Court of India,
> New Delhi.
>
> Regarding:
>
> All Litigations, PILs or otherwise, involving Appellant/ Respondents as
> Govt/any Public Authority, under Article 226 or 32.
>
>
> Hon Justice,
>
> In the backdrop of,
>
> Many a times conclusive orders of the court are not complied with; and
>
> Time and again even courts have shown their inability to monitor
> implementation of their Orders,
>
> The writer takes the opportunity to bring forth a practical and easy
> solution.
>
> The Hon Court while passing Orders, interim or final may direct-
>
> "Appellant/Respondents Govt/ Public Authority to update their website about
> Court's directions so given and action taken in pursuant thereof;
>
> As long as the Appellant's/ Respondent's website doesn't show up details of
> action taken, non compliance of Court Orders can and should safely be
> presumed and be alleged."
>
>
> The Hon Chief Justice is requested to give a thought to above suggestion and
> if it deem fit to adopt the same may also please see that all High Courts
> and other Subordinate Courts adopt.
>
> Also, the Hon Justice in their discretion may direct the Bar Council of
> India to issue a circular or alike to apprise the members that they may
> incorporate above suggested measure in their pleadings if they desire so.
>
> Thanking You,
>
> Sandeep Jalan (B Com, LLB)
> Janhit Manch, Kuber Bhuvan, Bajaj Road, Vile parle West, Mumbai- 400 056.
>
>
> This is one of the reply I have received---
>
> Justice Kamleshwar Nath to me
> show details Nov 10 (4 days ago) Reply
>
> I entirely agree with your proposal for all the Ministries to have their
> Websites updated with copies of final Orders of High Courts and Supreme
> Court and place 'action taken report' in compliance thereof on the site. Do
> keep up the pressure.
>
> With best wishes,
> Kamleshwar Nath.
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> Get perfect Email ID for your Resume.. Get before others grab.
>
>
> --
> Love
> shailesh
> All my emails are in Public domain.
> Mera Bharat Mahaan..
>                     Nahi Hai,
> Per Yeh Dosh Mera Hai.
>
>
>
>       Add more friends to your messenger and enjoy! Go to
> http://messenger.yahoo.com/invite/
>
> [Non-text portions of this message have been removed]
>
>

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