Dear Ajay, The SIC did not take an administrative or quasi-judicial decision to get the activists arrested. That "executive" decision was taken by the Police. I can further opine that your reasoning (which you have set out below) is illogical and untenable in law.
Instead of reading RTI Act, you should read IPC (Indian Penal Code) especially sections about interfering with public servant in discharge of his lawful duties, use of criminal force, tresspass, wrongful restraint/ confinement, conspiracy etc. etc., The FIR is a record of the Mumbai Police - you should apply to them. It is also a public document as per the Indian Evidence Act. PS: We are all on the same side (ie. citizen's side), I am merely suggesting "hosh" and not "josh". Sarbajit --- In [email protected], ajay marathe <marathe.a...@...> wrote: > > ---------- Forwarded message ---------- > From: ajay marathe <marathe.a...@...> > Date: Sat, May 23, 2009 at 9:47 AM > Subject: Request to provide Sumo Moto Information about Arrest of RTI > activists on your website > To: suresh joshi <sure...@...>, sureshj...@..., > sureshjoshi_...@..., sureshjoshi_...@... > Cc: rajbha...@..., lokayukta_...@..., > uplokayukta_...@..., wajahat <whabibul...@...>, " > supremeco...@..." <supremeco...@...> > > > Request to provide Sumo Moto Information about Arrest of RTI activists on > your website > > > > > > 1) Dr. Suresh Joshi, Maharashtra State Chief Information Commissioner > 2) Registrar / Secretary Maharashtra Information Commission > > > Respected Sir, > > > I would like to start with qouting preamble of the RTI act > > " > > *AND WHEREAS democracy requires an informed citizenry and transparency of > information which are vital to its functioning and also to contain > corruption and to hold Goverments and their instrumentalities accountable to > the governed;* > > " > > Please refer RTI Act 2005 Section 4 , 1, (d) & 4 , 2 > > > > 4,1,d :---> " provide reasons for its administrative or *quasi > judicial *decisions > to affected persons." > > 4 , (2) --> " It shall be a constant endeavour of every public authority to > take steps in accordance with the requirements of clause *(b) *of > sub-section (1) to provide as much information *suo moto *to the public at > regular intervals through various means of communications, including > internet, so that the public have minimum resort to the use of this Act to > obtain information. " > > > > I being an RTI activist am worried & disturbed by the above incident & am > not sure about consequences Imay face after attending any hearing in future > on RTI matter in your office now ( thus we are affected persons) > > I can definitely file RTI on your office to know more about the incident but > as per section 4 ( 2) above , I request you to provide all the information ( > held by you or under your control) about the incident *sumo moto* on your > website. ( for e.g. complaint to police given by yr office , FIR copy, FIR > lodged against Sh. Ramanand Tewari ( if any), letters submitted by the > activists to your office, reason for filing FIR against the RTI activists) > > I hope you being responsible for implementation of RTI in Maharashtra will > set an example by publishing this information on your website. > > Thanking You > > Yours Faithfully > > > > Ajay Marathe > > Vashi, Navi Mumbai, Maharashtra > > > > -- > Thanks & Rgds > > Ajay Marathe > > Vashi, Navi Mumbai, Maharashtra > > > [Non-text portions of this message have been removed] >
