Dear RA and Sharmaji etc, This went exactly the way we predicted. Although Krisha Rao is now trying to make out that it is some kind of moral victory - the truth is that not only has he personally fucked up badly he has also mucked up the scene for other expert people, far better experienced and qualified better than him, to test this proposition.
If Krishna Rao has any shame left, he should publicly apologise to the honest citizens of India for his betrayal of the RTI cause, and honestly admit THAT HE WAS WRONG. There is nothing to be ashamed of by admitting one is wrong. I also hope that his other co-Petitioners like Sunil Ahya, Mohammed Afzal etc stay on in our group and participate positively in our discussions. For the record I shall publicly state that my sources (hitherto impeccable moles within NCPRI) inform me that Krishna Rao was promised an IC-ship in Maharashtra to file this bakwaas (and very poisonous) PIL. For him, to now claim that RTI movement should not get divided, is the height of deception. With folded hands we beg him not to go to the Supreme Court. You have done enough damage to last a decade. In utter disgust. Sarbajit Roy --- In [email protected], Krishnaraj Rao <sahasipadya...@...> wrote: Friends, our case for Transparent Selection of Central Information Commissioners was heard today in Delhi High Court, and it was dismissed. We were represented by eminent lawyer Prashant Bhushan, who offered various arguments for our case to be admitted violation of Section 12(5) and Constitution Article 16, transparent ways of making CIC appointments followed in other countries like Indonesia, relevant Supreme court verdicts etc etc. *The court dismissed the case because: * (a) It opined that "Selection" of CIC was different from "Appointment". If it was an appointment, then all our arguments would have been valid, but as it was a selection, it was solely within the discretionary powers of the Selection Committee, and the court could have no say in the matter. (b) As such, the court felt that it need not look into the credentials of the present CICs, who were predominantly DOPT secretaries, government spokespersons etc. (c) The court agreed that our cause i.e. transparency of CIC selections, was basically good, but it felt that it could not enter into this matter and issue any writ. On these grounds, our case was dismissed. *What next? We intend to go in appeal to Supreme Court*, fully aware that our chances of getting this order overturned are slim. We will do this because, as the saying goes, "We have nothing to lose but our chains." For this, we shall await the Speaking Order of the court, which will hopefully be detailed as to its reasoning. Advocate Rasheed Qureshi, who is handling the nitty-gritties of our case, informs us that this order may take 10 days. When we go in appeal, we cannot add any fresh material or arguments to our case. The case will be decided based on whatever arguments we have advanced before the High Court so far. Advocate Rasheed will send us a more detailed blow-by-blow account by evening. I shall email that to you at the earliest. Warm Regards, Krish 98215 88114 --- End forwarded message ---
