Thanks for the heads up. Here is a link of interest. http://www.business-standard.com/india/storypage.php?leftnm=4&autono=330567 "Dealing with this dilemma, a constitution bench in A K Roy vs Union of India (1982) suggested that in case of such a deadlock, the issue should be agitated in Parliament. It said: The executive is responsible to Parliament and if Parliament considers that the executive has betrayed its trust by not bringing any provision into force, it can censure the executive. It would be quite anomalous that the inaction of the executive should have the approval of Parliament, and yet we should show our disapproval of it by issuing a mandamus. Thus, the court has neatly put the ball in the court of the legislature." "It would seem that even with a succession of lawyers as law ministers, Section 30 of the Advocates Act could not be implemented for three decades. When a lawyer moved the Supreme Court for its enforcement, it dismissed his petition in Altemesh Rein vs Union of India (1988). In 2002, the Supreme Court reiterated its stand in Union of India vs Shree Gajanan Trust, when an amendment to the Industrial Disputes Act was frozen for over two decades. The court stated that the enforcement of a law should be left to the good judgment of the executive. The situation suggests only a few remedies. There could be public pressure to press for a notification, the issue could be raised in the legislature and the courts can seek response from the government which would find it difficult to justify the delay." Off Topic: Our electronic media continues to provide the terrorists, with live footage on what the cops, the armed forces and the black cat commandos were doing outsite the hotels. Manoj Pai
--- On Fri, 11/28/08, sarbajit roy <[EMAIL PROTECTED]> wrote: From: sarbajit roy <[EMAIL PROTECTED]> Subject: Re: [rti_india] Re: S O S : Taking Photographs during inspections not allowed To: [email protected] Date: Friday, November 28, 2008, 9:35 AM Hi Manoj, Great to have you back online with us. This group isn't what it used to be :-( Follow this link: http://lawandothert hings.blogspot. com/2008/ 08/official- secrets-act- invalid.html Apparently Saikat Datta is not one of our more reputable journos. Arguably the OSA is in force and enforceable, its alleged non-notification notwithstanding. General caution for our members: Ignorance of fact is a defence, ignorance / defiance of the law is not. Sarbajit On Thu, Nov 27, 2008 at 10:17 PM, Manoj Pai <[EMAIL PROTECTED] com> wrote: > Thanks to RAW and Outlook Magazine, we know that OSA never made it to the > Gazette of India. Meaning it ceases to exist. So we dont have to worry about > it now. > > > Manoj Pai > Ahmedabad > > [Non-text portions of this message have been removed] [Non-text portions of this message have been removed] ------------------------------------ Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/rti_india/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/rti_india/join (Yahoo! ID required) <*> To change settings via email: mailto:[EMAIL PROTECTED] mailto:[EMAIL PROTECTED] <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
