Delhi High Court - Orders
Samir Sardana vs Union Of India & Anr on 23 April, 2024
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~55 & 57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5371/2024
SAMIR SARDANA ..... Petitioner
Through: None.
versus
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
UNION OF INDIA ..... Respondent
Through: Mr. Rakesh Kumar, CGSC with Mr.
Rahul Kumar Sharma, GP and Mr.
Sunil, Adv.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 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 Allowed, subject to all just exceptions.
W.P.(C) 5371/2024 W.P.(C) 5443/2024
1. 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.
2. W.P.(C) 5371/2024 has been filed with the following prayers:
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 24/04/2024 at 22:56:48 "i. to allow an "in chamber hearing to the petitioner, for the reasons stated in Para RRR 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.
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.
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.
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.
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."
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 24/04/2024 at 22:56:48
3. W.P.(C) 5443/2024 has been filed with the following prayers:
"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 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.
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."
4. The Petitioner vide RTI application dated 23.10.2020 sought the following information:
5. The aforesaid information was denied on the ground that the Department of Research and Analysis Wing (RAW) is included in the 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 24/04/2024 at 22:56:49 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.
6. 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.
SUBRAMONIUM PRASAD, J APRIL 23, 2024 S. Zakir 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 24/04/2024 at 22:56:49