Dear Vikram, RTI act has been passed by the Parliament, and it is very clear under sec. 23 that the orders/decisions passed under the act cannot be entertained by any court of law.
In my view if a Court has entertained any order/decision passed under the RTI act it is bad in law. Kindly elaborate your point of view. Warm Regards. On Tue, 10 Mar 2009 11:37:07 +0530 wrote >Dear Freind , >I have gone through your arguments , but sorry to say that your arguments find >no water . >You suggest me to quote section 23 of the RTI Act . The KIC has deceided and >the Appeal is before Karnataka High Court (by way of appeal under this act WP >under Article 226&227 of the constitution) >The RTI application was made under RTI Act , First Appeal was not heard and >Hence 2nd Appeal was made with KIC , KIC has Deceided the case , Provided >Compensation(sec 19.8.b--- ""Require the public authority to compensate the >complaiant for any loss or other detriment suffered"" ) >Hence every thing has been made under RTI Act 2005 and not under any law , Do >you mean state that we should argue that RTI Act 2005 overides RTI Act 2005 . >We have also made our appeal in Confirmity of Gujarat High Court Orders >Reported in AIR2007 Gujarath 2003 , Reliance Industries ltd Vs Gujarat State >Information Commission & others . >The Matter is not that of Sec 22 &/or 23 but questioning of Sec 19.8.b which >has been quoted by me above . > >N vikramsimha , KRIA Katte , #12 Sumeru Sir M N Krishna Rao Road , Basvangudi >< Bangalore 560004. > >--- On Tue, 10/3/09, abhi987 wrote: > > >From: abhi987 >Subject: Re: [rti_india] BBMP Questions Karnataka Information Commissions >Power To Provide Compensation in Ka >To: [email protected] >Cc: "Vikram Simha" , "Karnataka Intiative RTI" >Date: Tuesday, 10 March, 2009, 10:16 AM > > >-----Inline Attachment Follows----- > > > >Dear Vikram, > >The interim stay order passed by the Karnataka High Court is BAD IN LAW. > >Kindly bring this to the notice of the KHC by quoting sec. 23 of the RTI Act, >2005 which has been passed in the Parliament. > >Also quote sec. 22 of the act which clearly states that in case of conflict, >RTI act will prevail over any other law for the time being in force. > >I have copy - pasted below sec.23 and sec. 22 of the RTI Act, 2005 for your >immediate reference. > >Section 23 TITLED: > >BAR OF JURISDICTION OF COURTS > >Section 23. No court shall entertain any suit, application or other proceeding >in respect of any order made under this Act and no such order shall be called >in question otherwise than by way of an appeal under this Act. > >Sec 22 TITLED: > >ACT TO HAVE OVERRIDING EFFECT > >Sec 22. The provisions of this Act shall have effect notwithstanding anything >inconsistent therewith contained in the Official Secrets Act, 1923, and any >other law for the time being in force or in any instrument having effect by >virtue of any law other than this Act. > >Warm Regards, > >On Tue, 10 Mar 2009 Vikram Simha wrote : >> >>Freinds , >>Activist From Our RTI Study Centre Mr Kaldas Reddy has today been served >>Karnataka High Court Interim Order Staying KIC Order No KIC 564COM2008 dt >>31..10.2008 .in WP 2816/2009(GM-RES) . The Interim Order also Speaks There is >>a Pendency of Issue of Rule Nisi in the WP . >>The Matter Relates to KIC Providing Rs 1000/- as Compensation for Detreiments >>Suffered by Our Activist . >>The Original Matter Relates to Five Bus Shelters which were not constructed >>from MP Sri H T Sanglianas MPLADS Funds >>Details of the WP and Averments etc Follows . >>Our RTI Study Centre will ensure that Sri Kalidas reddy Gets an Very Senior >>Advocate to Fight the Case though the Matter is More of the Powers of the >>Information Commission To Provide Compensation Under Sec 19(8)(b) >>We May Require Assistance of all Activists Especially of Cases Where >>Compensation is Awarded and also Cases where the Gujarath High Court Order No >>AIR 2007 Gujarat 203 was adhered to Seek Reliefs of Information and Penalty & >>Compensation Sepratly >>N vikramsimha , KRIA Katte & Trustee RTI Study Centre #12 Sumeru Sir M N >>Krishna Rao Road , Basvangudi < Bangalore 560004. >> >> >> Get your own website and domain for just Rs.1,999/year.* Go to >> http://in.business.yahoo..com/ >> > > > > > > > > > > Add more friends to your messenger and enjoy! Go to > http://messenger.yahoo.com/invite/ > >[Non-text portions of this message have been removed] > > [Non-text portions of this message have been removed]
