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Can PCS exam candidate inspect records? Supreme Court stays High Court order on right to information issue

Posted by rtiact2005 on July 5, 2006

Can PCS exam candidate inspect records?
Supreme Court stays High Court order on right
to information issue
S S Negi
Legal Correspondent
 http://www.tribuneindia.com/2006/20060705/main3.htmNew Delhi, July 4
Seized of an important question of law whether inspection of records of any government agency under the Right to Information (RTI) Act could be permitted by courts, the Supreme Court today stayed an order of the Punjab and Haryana High Court permitting inspection of state Public Service Commission records by a candidate who had failed in the PCS Executive class appointment exams six years ago.

While issuing notices to the Punjab Government and the Punjab Public Service Commission (PPSC), a Bench comprising Chief Justice Y K Sabharwal and Mr Justice C K Thakker directed state government counsel Swaroop Singh to submit a reply to the special leave petition (SLP) by former commission’s Secretary Jaspinder Singh Jakhar.

The High Court’s order of March 15, 2005, permitting unsuccessful candidate Rajiv Goyal to inspect PPSC records and a subsequent order passed by it on March 29 last dismissing Jakhar’s petition for impleading as a party to the case, were stayed by the apex court after his counsel Bimal Roy Jad contended that a serious question pertaining to the scope of Right to Information Act was involved.

Punjab Government counsel Swaroop Singh, who accepted the notices on behalf of the State and the PPSC, took a similar stand while bringing to the court’s notice that it had already admitted the commission’s appeal against the High Court’s March 15, 2005, order allowing inspection of the records by Goyal.

Mr Jakhar, who was the commission’s Secretary at the relevant time, in his petition said when the PPSC appeal was admitted by the apex court on April 19, 2005, it had already restrained Goyal from inspecting the documents, still the High Court dismissed his (Jakhar’s) plea on March 29, 2006, raising the same question in his impleadment application.

Counsel for both the PPSC and Mr Jakhar contended that the main question arising out of the case was whether the RTI Act could be invoked in all circumstances, particularly when the apex court had passed a restraint order. Mr Jakhar in his SLP had pointed out that the RTI Act did not give sweeping right to citizens to get access to the government documents as various conditions were attached to it, including sub-judice nature of the matters under Section 8(1)(b) of the Act.“The High Court has not properly applied the provisions of Right to Information Act, 2005, thereby allowing the inspection of (PPSC) documents,” the SLP said.

Goyal’s plea for inspection was initially allowed by a Faridkot civil court after he had failed in the 1999-2000 PCS Executive class exams, which was challenged in the High Court by the PPSC.

He had alleged that Mr Jakhar had informed him that though he was successful in the exams, some members of the commission had intervened in his case and got him deliberately failed. But his claim was contested by Mr Jakhar in his impleadment petition moved before the High Court. Nothing had transpired between him and Goyal and the latter had made unnecessary allegations against him without impleading him as a party. “Goyal cannot inspect the records to fish out a case which is not permissible by law,” Mr Jakhar contended.

5 Responses to “Can PCS exam candidate inspect records? Supreme Court stays High Court order on right to information issue”

  1. Misuse And Mockery Of Indian Laws And Justice System

    There are hundreds of victims of blackmail and extortion,
    involving NRI’s and Indian diaspora in the criminal cases
    registered in India, without any punishment to the
    blackmailers.

    NRI’s and Indian Diaspora families are separated from
    their near and dear ones in India. They have been prevented
    to visit India even for social or religious purposes for years till
    false cases are ended, for fear of arrest without bail and jailed
    without committing any offence or breaking the laws of land.

    Abuse of anti-dowry laws has become serious enough
    that the United States Department of State has
    published the following travel warning on its Web site,
    http://travel.state.gov, about “Dowry/Visa Demands” for
    travellers to India.

    Angela Aggeler, a spokesperson for the State Department
    in Washington, D.C., says that “American citizens are often
    extremely desirable” to Indian families with marriageable
    daughters.
    Aggeler, who has lived in India, says she empathises with
    citizens in this predicament. “I know how complicated the
    law is in India,” she says.
    Aggeler says the State Department decided to publish the
    travel warning after receiving information from the three U.S.
    embassies in India as well as from local law enforcement
    agencies and global agencies such as Interpol .

    The travel warning published and advisory issued to US citizens
    of Indian Origin is as under:
    A number of U.S. citizen men who have come to India to marry
    Indian nationals have been arrested and charged with crime
    related to dowry extraction.
    Many of the charges stem from the U.S.citizen’s inability to
    provide an immigrant visa for the prospective spouse to travel
    immediately to the united states.
    The courts sometimes order the U.S.citizen to pay large sums
    of money to his spouse in exchange for the dismissal of charges.

    Canadian Government has also issued following advisory:
    Growing numbers of Canadian citizens have been caught up
    in marital fraud and dowry abuse in India. Most cases involve
    Indo-Canadian males who abandon their wives in India after
    cheating them out of large sums of money. Other cases
    involve misuse of Indians Dowry Prohibition Act. This law,
    which was enacted to protect women and makes demanding
    a dowry a crime, is sometimes used to blackmail men through
    false allegations of dowry extortion. Individuals facing charges
    may be forced to remain in India until their cases have been
    settled or pay off their spouses in exchange for the dismissal
    of charges. To avoid such problems, you are advised to register
    your marriage in India along with a joint declaration of gifts exchanged,
    as well as consider a prenuptial agreement.

    I am father 77 years old, who’s son committed “SIN” of sponsoring
    a girl from India to marry her in US. I even did not attend their
    marriage or stayed with them after their marriage.. I have been
    named in this false prosecution and declared Proclaimed Offender.
    My mother died 2 years ago in India, but could not attend her funeral.

    In this case; a false Criminal Complaint was registered in India
    against entire US Citizens family under section 498A with the
    collusion and connivance of the police and law enforcing machinery
    in December 2002..

    She did not disclose in the F.I.R ” that the Divorce proceedings
    were going on against her in US court and she had filed her
    response in September 2002 asking for Rs. one crore as
    alimony alternatively restoration of conjugal rights.

    Complainant had also sought assistance of “abused women’s”
    organisation in US in her divorce matter in US, but the organisation’s
    lawyer withdrew as soon as it became clear that her case was based
    on Blackmail and Extortion.

    She did not make any allegations ( as made in the police
    complaint in India ) to the US women’s organisation’ or US
    police, during her stay in US for the period of about 6 months.

    This is clear evidence of manipulation, misuse and naked abuse of
    Indian Legal and Judicial System by the unscrupulous woman to
    blackmail for extortion in collusion with corrupt Indian Police and
    Law enforcing machinery .

    Matter is legally very simple, that the marriage was solemnised and
    registered in US. They lived in US after marriage and never visited India together.The divorce was also decided according to US laws by US Court.
    The decree of divorce was delivered and acknowledged by complainant in
    April 2003; approximately 2 months before the the arrests were made by
    Nagpada Mumbai Police. This shows that the Indian Courts have no Jurisdiction in the matter is very much clear.

    The criminal proceedings have been launched under Indian
    Dowry Prohibition Act, and section 498A under which the
    competent authority to deal with such matters is designated
    as “Cruelty Against Women’s” Cells.Even Commissioner of
    Police has no authority to deal with these complaints directly.
    In Mumbai, the “Maharashtra Commission for Women” (MCW)
    is the designated competent authority.The Officers designated
    to investigate the allegations before recommending prosecution
    to police must not be below the rank of deputy superintendent
    of police.

    In this matter the assistant police Inspector has abused, over-riding
    all the legal authorities, designated by the legislation and registered
    the criminal case and launched prosecution, without any enquiry,proof
    or investigation; with the connivance and collusion of Indian Judicial
    Machinery.

    My wife ( 70 years old medically disabled) accompanied by
    my son were arrested unaware on June 29, 2003 at Mumbai
    Airport while returning to US, after a short visit to meet her
    ailing 92 years old mother.

    They were jailed in Police lock-up for two days.
    Their US Passports were seized by the Police.

    They had to bribe Rs. One Lakh to the magistrate apart from
    paying to Police and Prosecutor to get the Bail.
    The Bail was granted after two days, against Rs, 50,000/. Cash
    Security for each accused and order of daily reporting at police
    station for interrogation for two hours.

    Then there was another Rs.Fifty Thousands bribe paid to the
    Magistrate through same Court Lawyers working as agents for
    release of seized US Passports and permission to leave India
    for six months, on the grounds of livelihood.
    The US Passports were returned after 15 days against further
    Cash Security of Rs.20,000/- for each passport.
    .
    They returned to US after 15 days of agony, brutalities and
    expenses of about Rs.Seven Lakhs for the arrest and release on
    false charges by the Indian Law and Justice regime.

    My entire family of US Citizens have been declared and notified as
    Proclaimed Offenders by Indian corrupt Judicial System.

    This is how Indian Courts & Justice System works.
    Police will arrest the accused and produce him before magistrate.
    The magistrate will immediately grant police custody, without bothering
    about nature of case.Now police will demand money, otherwise the
    accused will not get bail.
    The magistrate will grant bail only when public prosecutor gives
    him signal that money has been received and it will be honourably
    distributed.
    The Extortionists are
    1. Police
    2 .Public Prosecutor
    3. Advocate of accused
    4. Magistrate
    There is Criminal +Police+Judicial nexus for Extortion

    THERE ARE TWO VERSIONS OF PROSECUTION STORIES

    Version No. 1
    The F.I.R states that the complainant had married in India during the
    month of November 2001.She received US visa on December 06, 2001
    and travelled to US on December 09, 2001 where she was ill treated
    and returned to India on June 28, 2002.

    Version No. 2
    The same Police officer has stated in the Remand Application to the
    Court that the complainant had married in India during the month of
    February 2002 and was ill treated in India.

    The F.I.R states that she was in USA from 9th December2001 to
    28th June 2002. She lodged complaint at Nagpada Police Station
    in December 2002; about SIX months after returning to India.The
    reasons for delay of Six months in lodging the Criminal Complaint
    with Nagpada Police Station have not been recorded or explained
    in the FIR.
    .
    There are Two unexplained versions of story by the Nagpada Police.
    1. One story was for making arrests under non bailable warrants,
    showing that the complainant married in India on 17th November
    2001 and was Miss-treated.
    2. Second story for getting remand for Police custody of the
    accused persons shows that the complainant married in India
    during February 2002 and was Miss-treated.

    THE FACT REMAINS THAT THE COMPLAINANT WAS NEVER
    IN INDIA DURING FEBRUARY 2002; AND VARIATION IN
    EVIDENCE OF TWO PROSECUTION STORIES IS PROOF OF
    FALSE PROSECUTION REGISTERED BY NAGPADA POLICE
    STATION AND HANDLING THE CASE IN MOST CORRUPT AND
    HAPHAZARD MANNER.

    The FIR registered by the police states that the complainant
    FRAUDULENTLY obtained Immigration Visa from US Consulate
    at Mumbai.
    The FIR states that, since US Visa was not immediately given to
    married women by the US Consulate ; she FRAUDULENTLY applied
    and obtained US Visa as unmarried woman on 6th December 2001.

    THE VOLUNTARY STATEMENT OF THE COMPLAINANT MADE IN
    THE FIR, CONFESSING FRAUD AND DUPING THE USA GOVERNMENT
    WAS NEITHER INVESTIGATED NOR REPORTED TO US CONSULATE
    IN MUMBAI, NOR ANY ACTION TAKEN OR THE COMPLAINANT ASKED
    TO PRODUCE HER PASSPORT FOR INSPECTION AND VERIFICATION.

    The marriage and the divorce including the allegations in this matter
    are subject to US legal Jurisdiction. Nothing in this matter happened
    within the Jurisdiction and territory in India.

    The Courts in India have no jurisdiction at all to proceed and prosecute
    foreign national for the offences allegedly committed by him in his own
    country. Indian courts are not the International Court of Justice.
    The conduct of law enforcing machinery in India, in this matter is most
    irresponsible and undesirable.

    The residential property used as vacation home in India was
    searched without obtaining necessary search warrants from higher
    authorities or informing to local police jurisdiction by the said assistant
    Inspector of police.

    Under Article 226 of Constitution of India, the Prosecution has no
    Jurisdiction to even investigate the alleged offences even if TRUE.

    Under section 177 of criminal procedure code 1973 of India;
    No part of cause of action arose within the jurisdiction of the
    court where the complaint was filed and Non-bailable arrest warrants
    were obtained against entire family of US citizens without any
    investigation or evidence and arrest warrants executed.
    The entire proceedings have no foundation, and this is the question
    of law regarding lack of Jurisdiction.

    Indian Penal Code Section 188 states that courts in India can not
    take cognisance of any offence against foreign national without
    “Previous approval of central government ministry of External Affairs”.
    There is no evidence that any attempt was made to obtain approval
    Nor any attempt was made, to inform to higher authorities.
    Even higher authorities in police department of government of
    Maharashtra were not informed about arrest of foreign nationals.

    The obligations under Article 36 of Vienna consular Convention
    Treaty of which India is signatory were also not honoured after
    arrest and confiscation of passports of foreign nationals by the
    Mumbai police authorities.The US Consulate in Mumbai was not
    informed about the arrest of US Citizens.

    Under Section 406 of Indian Penal Code 1860 the alleged acts
    which took place beyond the territory of India, even if assumed
    to be correct does not make out the case to proceed against the
    accused. An FIR can only be filed in the court of concerned area
    to who’s jurisdiction the offence has occurred.

    Under Section 482 of India’s Criminal Procedure Code 1973, the
    courts in India has no jurisdiction to entertain the complaint even
    if allegation there in are accepted in Toto.

    Domicile is the key to matrimonial proceedings.
    This was held by the bench of Bombay High Court,
    comprising Justices S.B. Mhase and Dilip Bhosle.
    They held that,
    “Domicile is essential condition for both the bride
    and groom were domiciled in India at the time of
    their marriage being solemnised in India”
    They also held that,
    “Even if one of the spouse is not domiciled in
    India at the time of alleged marriage even if
    assumed that marriage took place in India,
    the proceedings in India are bad in Law.
    The foreigner’s marriage act of India also confirms
    this position.

    None of the offences shown in the FIR registered by Indian Police
    were committed within the jurisdiction of the said Police Station.
    The FIR clearly indicates that the alleged offences took place in
    New York USA. The FIR does not disclose Prima-Facie offence
    taking place within the jurisdiction of India.

    The acquittal does not wipe out the ignominy suffered during and
    prior to trial by the innocent accused family who were all arrested
    without bail and jailed without committing any offence.

    The Indian Judicial system must strongly deal with frivolous
    complaints and prosecutions by unscrupulous corrupt law enforcers;
    for wasting court’s precious time and putting financial burden on public exchequer. The costs should be recovered from guilty and the victim
    should be compensated.

    Preventing the miscarriage of justice, is just as much the work of the
    Courts, as it is their work to uphold the law of the land.

    The case registered by the Assistant Police Inspector is a criminal
    conspiracy criminal intimidation and framing of incorrect records and
    writings by Public Servant.
    This offence is punishable under section 218, 506, 167 and 120 B
    Indian Penal Code.

    The complainant is also liable to be prosecuted and punished under
    Sections 177,181,182,191,193,195,200,211,383,385,500 504 and506,
    of Indian Penal Code and section 250 of Cr. P.C.for filing false and
    fraudulent complaint to Blackmail for Extortion.

    The Indian Passport in the hands of such Dangerous manipulator
    who dares to fool the law and Law Enforcing Machinery need to be
    withdrawn, by Ministry of Home Affairs.

    The passport need to be impounded or revoked for the offences
    involving MORAL TURPITUDE under section 10 (3) (c) (d).(e) (h).
    of Passport Act.

    Misuse and Mockery of Indian law and Judiciary must be stopped
    and Blackmailers and Corrupt law enforcing machinery punished.

    Regards
    Gope Lalwani

  2. ch.subramanyam l.l.b said

    sir, your report extremly good in your report also some mistakes according to indian penal code to take cognigance iwill give bref reply later you must communicate with me

  3. All Government Court and Criminal Records Available here !

    All Government Court and Criminal Records Available here !

  4. thank for u r suggestiojn

  5. How To Cheat In Exams…

    […]Can PCS exam candidate inspect records? Supreme Court stays High Court order on right to information issue « Right2Information[…]…

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