Dear Irfan,

This board is read also by some bureaucrats who are friends of some of the
members in the group. I will not be surpridsed if some of member has given
the printout of the msg posted to ANT and/or by a person who patronises ANT
might have informed or given a printout of the postings.

Bhaskar

On Thu, Aug 26, 2010 at 10:31 PM, sarbajit roy
<[email protected]>wrote:

>
>
> Dear Irfan / Group
>
> This is NOT a "private" forum. Be very clear on this. Every message posted
> to this group is being archived by multiple sources, some of which are
> publicly accessible over the internet.
> In addition being hosted on Yahoo, there are Terms of Service
> conditionalities attached.
>
> For the legal position, please see our group homepage
> http://groups.yahoo.com/group/rti_india/
> <extract>
> "This publicly accessible (and essentially uncensored) group is a facility
> of convenience, and archives 
> <http://www.nabble.com/RTI-India-f28814.html>private email messages 
> circulated amongst members concerning RTI ACT and
> decisions of various Information Commissions."
> ::
> *"DISCLAIMER:* Being "essentially uncensored", legal liability (if any)
> for posts to this mailing list rests with the individual members in their
> territorial jurisdictions /laws."
>
> http://groups.yahoo.com/group/rti_india/message/1113
> <extract>
> " The rationale behind this is that RTI_India is publicly accessible and
> unmoderated whereas the other mailing lists are not. Consequently we
> have higher standards to uphold."
>
> http://groups.yahoo.com/group/rti_india/message/1108
> <extract>
> "We cannot tolerate such abuse of our group's soft moderation policy.
> Our group functions on the principle of mutual trust, ie a member once
> admitted is presumed to practice self moderation and respect the
> objectives of the group."
>
> Sarbajit
>
>
> On Thu, Aug 26, 2010 at 7:44 AM, irfan khan <[email protected]> wrote:
>
>>
>>
>> this is a privat forum . i think CIC have no business peeping into private
>> forums .Political parties shout in house of the floor "Gali Gali me shor hai
>> . Rajive gandhi Chor hai "  But no one sees contemt here .
>>
>>
>> On Thu, Aug 26, 2010 at 8:06 PM, Ramnarayan.K <[email protected]>wrote:
>>
>>>
>>>
>>> This is interesting.
>>>
>>> Umapathi ji, sorry i don't have immediate advice on how to proceed
>>> with what you should do. However your mail itself has raised some
>>> issues which are in between or below your mail.
>>>
>>>
>>> On 8/26/10, umapathi <[email protected] <umi_sbs%40yahoo.com>> wrote:
>>> > Dear Members, I wish to bring to the kind notice of all members of this
>>> > Group that I have received a notice from CIC regarding initiation of
>>> > contempt proceedings under section 10 of contempts of courts Act 1971.
>>> The
>>> > reason for this is my posting on this group wherein I had complained
>>> against
>>> > the IC AN Tiwari ( pl see my earlier posting on the subject on 17th
>>> August
>>> > -2010 under the Thread "complaint of Misbehaviour against IC AN
>>> TIWARI.) The
>>> > printout of the said postings made on this Group website is also
>>> enclosed
>>> > by CIC with Notice. According to them , the last two sentence of the
>>> said
>>> > posting constiutes contempt of Courts.the same is reprodcued here " Now
>>> > they are acting as a corrupt public servants. It is high time, such
>>> > information commissioner should be exposed to public of their corrupt
>>> > motives.
>>>
>>> So mails from / on this list, which apart from being public, are also
>>> being brought to the notice of the CIC , and i suppose other
>>> "intelligence" authorities.
>>>
>>> My larger concern here is that such info, while not private, would
>>> still need to be brought to the notice of the "said" authoriries.
>>> Which would also mean we have reverse whistle blowers on the list or
>>> the said IC's are monitoring the activities of this list. Which in
>>> turn mean that people ought to be more careful about what they say and
>>> plan while on the list.
>>>
>>>
>>> >
>>> > I have been directed to submit reply within seven days or tender an
>>> > unconditional apology within seven days to IC AN Tiwari. In this
>>> connection,
>>> > kindly suggest your views and opinions regarding the legality of CIC
>>> notice
>>> > of contempt proceedings.Can our fundamental right to speech and
>>> expression
>>> > be curtailed by CIC by initiating the contempt proceedings on us ? can
>>> CIC
>>> > exercise such power? please suggest your views so that same can be
>>> > incorporated in my reply to CIC. Regards.
>>>
>>> What are the provisions of this "fundamental freedom of speech" where
>>> does that end and where does contempt begin.
>>>
>>> Regarding what the IC can and can't do am sure the other better
>>> informed people will advise better.
>>>
>>> However a few questions (please excuse use of words that are not
>>> judicially appropriate)
>>> 1. Are the precedents of IC / CIC contempt of court actions
>>> 2. What will the "punishment" for contempt of court involve
>>> 3. What is the applicability of Contempt of court - if the IC / CIC
>>> cannot implement this can they in turn be made actionable for
>>> "illegal" actions.
>>>
>>> ram
>>>
>>>
>>
>  
>

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