Dismissed

Samir Sardana v. Union of India & Anr.

Delhi HC23 Apr 2024W.P.(C)/5371/2024

Case brief

AI extract

What is this about?

The petitioner filed under Article 226 challenging CIC orders denying RTI requests based on RAW's inclusion in the RTI Act's Second Schedule. The High Court, noting the petitioner's non-appearance, dismissed the writs on merits and for non-prosecution without examining the substantive RTE Act grounds.

What did the court decide?

Writ petitions dismissed on merits and for non-prosecution.

Samir Sardana Vs Union of India & Anr. — RTI and Transparency | Delhi HC (2024)

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$~55 & 57

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IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5371/2024 SAMIR SARDANA ..... Petitioner

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Through: None. versus

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UNION OF INDIA & ANR. ..... Respondents Through: Mr. Rakesh Kumar, CGSC with Mr. Rahul Kumar Sharma, GP and Mr. Sunil, Adv. + W.P.(C) 5443/2024 SAMIR SARDANA ..... Petitioner Through: None. versus

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UNION OF INDIA ..... Respondent

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Through: Mr. Rakesh Kumar, CGSC with Mr. Rahul Kumar Sharma, GP and Mr. Sunil, Adv.

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CORAM:

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HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R

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% 23.04.2024 CM APPL. 22110/2024 (Exemption) in W.P.(C) 5371/2024 CM APPL. 22474/2024 (Exemption) in W.P.(C) 5443/2024

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Allowed, subject to all just exceptions.

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W.P.(C) 5371/2024

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W.P.(C) 5443/2024

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There was no appearance on behalf of the Petitioner on the first call and the matter was passed over. There is no appearance on behalf of the Petitioner even on the second call.

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W.P.(C) 5371/2024 has been filed with the following prayers:

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2024 at 12:25:11

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“i. to allow an “in chamber hearing to the petitioner, for the reasons stated in Para RRR

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ii. to set aside the orders passed by the CIC, in case ref.no.CIC/CABST/C/2020/692696 and CIC/ CABST/ C/2020/691053,dated 06.09.2022 and CIC/CABST/C/2019/603938 and CIC/CABST/C/2019/603939,dated 07.10.2021.

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iii. issue a writ, order or direction in the nature of mandamus or any other writ to the Respondents, to provide all the information, as is sought by the petitioner,in the RTI Applications attached, in Annexure 3 to 6,of this writ, in the interest of justice, wheren the information will be taken by the petitioner, personally from the respondents, with only an "inventory list" of the "documents handed over to the petitioner" by the respondents, to be provided to the Court.

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iv. issue a writ, order or direction in the nature of mandamus or any other writ to the Respondents, to provide all the information, as is sought by the petitioner, in Para UUU of this writ, in the interest of justice, wheren the information will be taken by the petitioner, personally from the respondents, with only an "inventory list" of the "documents handed over to the petitioner" by the respondents, to be provided to the Court.

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v. issue a writ, order or direction in the nature of mandamus or any other writ to the Respondents, to compensate the Petitioner and his father for torture, defamation and vilification by the Union of India and violation of the Article 14,19,21 and 25 rights, of the petitioner, and his father.

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vi. Pass any other or further order or orders, as the Court may deem fit and proper, in the facts and circumstances, of the case.”

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3. W.P.(C) 5443/2024 has been filed with the following prayers:

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“i. issue a writ, order or direction in the nature of mandamus or any other writ to the Respondent to accept the 1st Appeal of the petitioner and, to provide all the information, as is sought by the petitioner, in the RTI Application attached, in Annexure 2,of this writ, in the interest of justice and public interest

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ii. issue a writ, order or direction in the nature of mandamus or any other writ to the Respondent, to set aside the order passed by the CIC, in case ref.no..CIC/MHOME/C/2019/600661,dated 6.02.2021.

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iii. Pass any other or further order or orders, as the Court may deem fit and proper, in the facts and circumstances, of the case.”

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The Petitioner vide RTI application dated 23.10.2020 sought the

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following information:

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The aforesaid information was denied on the ground that the Department of Research and Analysis Wing (RAW) is included in the

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Second Schedule of the RTI Act and the Act will not apply to the Organization. There is nothing mentioned in the writ petition which shows that the information sought by the Petitioner either deals with allegations of corruption or violation of human rights.

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This Court is not inclined to interfere with Order of Ld. CIC which has rejected the Second Appeal on the very same ground. 7. The writ petitions are dismissed on merits and for non-prosecution, along with pending application(s), if any.

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SUBRAMONIUM PRASAD, J

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APRIL 23, 2024 S. Zakir

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2024 at 12:25:11

Samir Sardana v. Union of India & Anr.

Case brief

What is this about?

What did the court decide?

Samir Sardana v. Union of India & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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