Delhi HC sets aside CIC order to gag complainant

New Delhi: While deciding a writ petition filed by an employee with the BHEL, Hon’ble Delhi High Court has recently set aside the order of the Central Information Commission (CIC) imposing the cost on the “information seeker/ complainant”.

 

CIC has held that the complainant, Praveen Kumar Jha employed with the Education Management Board of BHEL, is in the habit of filing “frivolous applications” and hence suggested to the public authority to take disciplinary action against him and also recover the cost incurred on the transportation of the Central Information Officer for coming to Delhi to attend the hearing at the Commission.

The Commission further directed the Board to recover the cost from the salary of the complainant.

 

While challenging the decision of the CIC, Jha alleged that the Commission holds no such power to impose any cost on the complainant. He also pleaded that while deciding the complaints filed by him, the Commission overstepped its powers in imposing cost on him and directing the Public Authority to initiate disciplinary proceedings against him, without giving any opportunity to the petitioner.

 

The bench headed by Justice S Murlidhar set aside the order of the Commission imposing cost on the complainant and recommending disciplinary proceedings against him. Justice Murlidhar held that the Commission has been given some powers of a Civil Court under Section 18 (3) of the Right to Information Act, but the Commission has not been vested with all inherent powers of a civil court. In absence of any such power, there is no legal basis for imposing cost on and directing disciplinary action against the complainant.

 

For details, please contact Mr Divya Jyoti Jaipuriar, Adv. on +91-9868002365.

 

Copy of the order of the Hon’ble Delhi High Court

Juvenile Justice Board-1 orders Delhi Police to initiate stringent action against organised gangs using children for crimes in Delhi

Feb/ 2011/ Delhi

Those who are using children for crime will have a tough time ahead, as Delhi Police officers will soon be booking adults who will be found in any way involved with using children for crime. Principal Magistrate Anuradha Shukla Bhardwaj of Juvenile Justice Board has issued order to Special Juvenile Police Unit of Delhi to train its investigation officers and Juvenile Welfare Officers for proper investigation and for taking strong measures against adults in cases they are found using children for commission of thefts, robbery etc.

Advocate Bhupesh Chandra Samad from Human Rights Law Network was directed by Juvenile Board to study the issue and file a comprehensive report when Board found that several juveniles who were being produced before it were actually being systematically used by some organised adults for crime. On Mr. Bhupesh filing a detailed situation analysis report, Juvenile Board has issued orders to Delhi Police to improve its investigation techniques in such cases and to make sure that such adults behind children are traced and sent to jails. Board has even suggested in its order as to how police should be conducting investigation in such matters.

Commenting on the magnitude and gravity of this situation where a large number of children are being systematically pushed by adults and in some cases by their parents in crime, Juvenile Justice Board observed, “There is a conspiracy against the childhood of these children...the manner of investigation therefore is required to be re-worked. The case of a juvenile where he is found committing offences as stated hereinabove, the investigation shall not stop at the apprehension of the juvenile and filing the kalandra in the Board. A proper investigation in each case must be made -working on the involvement of the adults, role of the parents, role of the gangs and they should necessarily be booked for their part of act in the offence as provided under law”, ordered Principal Magistrate Anuradha Shukla Bhardwaj.

In past few years, Delhi has seen a significant rise in children committing thefts of valuable articles , laptops etc, from the cars by diverting the attention of passenger. Board gave this order when it discovered about existence of an organised gang called as “ Thak – Thak ( Knock- knock ) Gang. This gang operates through children who are sometimes caught by public and handed over to Police. Real criminals behind these children were not being caught.

Read the full judgement here

For details, contact:

Advocate Bhupesh Chandra Samad

Human Rights Law Network, Delhi

0 98 71 85 17 65

Deaf eligible to undertake driving test, licence: Delhi HC

New Delhi: February 15, 2011
In a landmark judgement which will benefit millions of deaf people in the country, the Delhi High Court has opened the doors for deaf people to take a driving test, and if they pass, to get a driving licence for the first time in India. Prior to this the Motor Vehicles Act and Rules automatically disqualify a deaf person from obtaining a licence on the presumption that deaf persons would be a danger to the public.
A public interest petition was filed in the Delhi High Court by the National Association of the Deaf submitting that there is no evidence anywhere in the world to show that deaf persons would be, per se, a danger to the public. On the contrary, some studies have shown that they are more careful drivers. In most countries, in the whole of Europe and America and elsewhere deaf people are permitted to drive after taking a test and their vehicles are required to be fitted with extra large side view mirrors and with a sign at the back of the vehicle indicating that the driver was deaf and light signals only are to be used.
The irony of the blanket ban in India which prevented deaf people from even doing the test lay in that India was a signatory to an international convention and accepted as valid international driving licences. Thus deaf persons from abroad, including Indians, who possessed an international driving licence could legally drive in India while deaf persons from India were not even permitted to take the test.
By allowing deaf persons to go through the test and drive if they are found capable, the High Court has, for the first time in this country, permitted deaf persons to legally drive a vehicle.
Court's decision