Sarabjit You are too correct that ngo persons have dictated this order of Annpoorna Dikshit. Mr Venkatesh Nayak had drafted it and all his child-like arguments has been thrown out by High Court.
When a 5 member Bench of CIC which also includes Mrs Dikshit filly inquired into Dsgupta claim that it is human rights matter and finds that when undetrial is legally in jail with all rights available underthe law there is no substance in "human right violation". http://www.rti.india.gov.in/cic_decisions/FB-25082009-01.pdf 28 .. The Commission is, therefore, required to determine as to whether the information asked for by the appellant in this case pertains to allegation of human right’s violation. 29 ..The question, therefore, arises as to whether questioning detention in connection with a case and under the orders of a court can be termed as an allegation of violation of human rights. 31. A trial in a competent court of law does not take away human rights of a citizen. In a country like ours, where supremacy of Rule of Law is deeply embedded in the legal system, fairness in trial is a matter of presumption and an accused gets a fair opportunity to defend himself. Detention, therefore, under the orders of a court cannot be treated as violative of human rights. S.D. Sharma >In a smackdown for IC Annapurna Dixit, the Delhi High Court has ruled that she was wrong to overlook the 3rd party (RAW) angle in an appeal of spy Brig Ujjal Dasgupta versus CDAC. > >Ms. Dixit (formerly associated with some dubious NGOs) was probably influenced by the bunch of Human Rights RTI activists who were allowed to be present in her office while hearings took place. > >Incredibly Ms Dixit in her order held Brig Ujjals's case to be one of "human rights violation" as he is incarcerated in Tihar jail, despite a full bench of CIC in another of Dasgupta's cases finding that persons lawfully in jail / undertrials do not fall under that category. > >Shame on you Ms Dixit for wasting the taxpayers money and the High Court's time. > >http://lobis.nic.in/dhc/SMD/judgement/08-04-2010/SMD06042010CW90842009.pdf >http://cic.gov.in/CIC-Orders/AD-04052009-01.pdf > >Sarbajit ------------------------------------ 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: [email protected] [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/
