Fwd: [iqolms] Dismissed: Case for Transparency in CIC Selection in Delhi HC

so high court says that an arbitrary , biased selection made through
favouratism is legal in the eye of law ????

what a great folly ?

kanoon ki aankhon par aur moti patti bandh gayi hai .

anyway where is amitabh bacchan of andha kanoon?

urvashi

---------- Forwarded message ----------
From: Krishnaraj Rao <sahasipadyatri@gmail.com>
Date: Wed, 18 Nov 2009 14:54:03 +0530
Subject: [iqolms] Dismissed: Case for Transparency in CIC Selection in Delhi HC

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

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