Dear Anand This is indeed a welcome order, but can hardly be said to be a "Landmark Judgement".
At best it is routine direction to the Assembly security / Police to not impede the citizen's access to the right to information. It would have been a landmark order if the Appellant / Complainant had filed a Criminal case u/s 339/341 IPC "Section 339. Wrongful restraint Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has right to proceed, is said wrongfully to restrain that person. Exception: - The obstruction of a private way over land or water which a person in good faith believes himself to have lawful right to obstruct, is not an offence within the meaning of this section. Illustration A obstructs a path along which Z has a right to pass. A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z." : : "341. Punishment for wrongful restraint.-- Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both." Avail real remedies, not illusory ones !!! Sarbajit --- In [email protected], Anand acf <acfan...@...> wrote: > > Dear RTI Activists, > > Please read below the KIC Order passed by State Inforation > Commissioner J.S. Virupaksha which is a Land Mark Judgement directing > the Secretary, DPAR, Governent of Karnataka to allow the RTI applicant > to both the Vidhana Saudha and Vikasa Saoudha of Kanrantaka with out > any hindrance. > > KIC 6734 COM 2008 > Karnataka Inforation Commission > (S. Ananda V/s Deputy Police Commissioner, Central Division, Bangalore > ORDER > 13-5-2009 > 1. Sri B.H. Veeresh represents the complainant and files authorisation > letter. Sri Virupaksha, Police Incpector, Vidhana Soudha Police > Station, Bangalore is present. > 2. Complaint was losr heard on 18-2-2009 when the commission and > directed Sri Veerupaksha, PIO and Police. Inspecor, Vidhana Soudha > Police Station, Bangalore to show cause within 30 days why penalty > under section 18(1) of the Act should not be levied for the undue > delay in furnishing the information. > 3. In his explanation dated 15-3-2009, respondent has explained the > reasons. He has stated that he has reported for duty on 15-12-2008 and > on 19-1-2009 he received the counication and has provided endoresement > on the samae day and states that he has acted promptly and prays that > proposed penal action may be dropped. > 4. Commission presued the explanation offered and comes to the > conclusion that it is not a fit case to impose penalty. However warns > the respondent to be more careful n future in dealing with RTI > application. > 5. Sri. Veeresh, representative of the petitioner states that RTI > applicants are feeling it difficult to file RTI applications or even > to file first appeal under section 19(1) of the Act or even for > inspection of the files and even to appear during the hearings of the > first appeal due to the security measures imposed for the entry of > Vidhana Soudha nad Vikasa Soudha preimises and requests the commission > to issue suitable directions to the Government to make appropriate > arrangements and see that RTI applicants are not unneceessarily > harassed. > 6. Through a copy of this order Commission directs Sri K.R. Srinivas, > IAS, Secretary, DPAR to issue suitable instructions to the Security or > the Departmental Heads to allow the RTI applicants or allerenatively > the appellant authority ay be directed to hear the firsp appeals after > 3:30 p.m. and also to direct the security in all the gates of Vidhana > Soudha and Vikasa Soudha to allow RTI applicants or to issue necessary > authorisation to the applicants to enter Vidhana Soudha and Vikasa > Soudha during the time prescribed. > 7. Commission obserced that a lot of RTI applicants are complaining > about the arrangements to receive RTI applications in 5th floor of > M.S. Building. Secretary, DPAR may have to look into this and take > appropriate measure to see that RTI applicants are not unnecessarily > harassed. > 8. Copy of this order may also be marked to Sri Kumara Sway, Deputy > Commisioner of Police, Vidhana Soudha with a direction to see that > security in all the gates may be properly advised in this regard. > 9. In view of the above, complaint is disposed of as having been allowed. > 10. Dictated, draft corrected, signed and pronounced in the open > court, this 13th of May 2009. > Sd/- > (J.S. VIRUPAKSHAIAH) > STATE INFORMATION COMMISSION > -- > Anand S. > Coordinator, Anti Corruption Forum > P.B. No. 8512, > Bangalore 560 085. > Cell No. +91-92410-12730 >
