RTI Act won't prevail over Supreme Court rules: Delhi HC

By PTI  |   Published: 22nd November 2017 10:20 PM  |  

Last Updated: 22nd November 2017 10:20 PM  | |  

NEW DELHI: The Delhi High Court has held that the Right To Information (RTI) Act would not override the Supreme Court Rules (SCR) when it comes to dissemination of information.

Justice Manmohan also observed that the RTI Act cannot be resorted to in case the information sought for is related to judicial function, which can be challenged by way of any legal proceeding.
"The SCR would be applicable with regard to the judicial functioning of the Supreme Court. Whereas for administrative functioning of the Supreme Court, RTI Act would be applicable and information could be provided under it.

"The dissemination of information under the SCR is part of the judicial function, exercise of which cannot be taken away by any statute. It is settled legal position that the legislature is not competent to take away the judicial powers of the court by statutory prohibition," the court said.
The court's order came on a plea by the Supreme Court of India, through its Registrar, who had challenged an May 2011 order of the Central Information Commission (CIC) directing the apex court to answer the queries of litigant R S Misra as to why his SLP was dismissed.

While setting aside the CIC order, the high court also deprecated the applicant's conduct of writing letter to apex court judges asking why his SLP, regarding termination of his services as a teacher, was dismissed.

Misra was holding the post of Postgraduate Teacher (Chemistry) in Kendriya Vidyalaya and his services were terminated by the Commissioner of KVS under Article 81(b) of the Education Code in November 2003.

He had challenged the termination of the Central Administrative Tribunal which was dismissed. His petition in the high court and appeal in the apex court also failed. The review petitions were also dismissed.

Thereafter, he sought information under the RTI as to why his SLP had been dismissed while contending that the same had been decided against the principles of natural justice.

On not receiving the information sought, he had moved the CIC which had directed the apex court's public information officer to answer the queries raised by him.

Setting aside the CIC order, the high court said "a judge speaks through his judgements or orders passed by him. A judge cannot be expected to give reasons other than those that have been enumerated in the judgement or order. If any party feels aggrieved by the order/judgement, the remedy available is to challenge the same by a legally permissible mode.

"No litigant can be allowed to seek information through an RTI application or a letter on the administrative side as to why and for what reasons the judge had come to a particular decision or conclusion. A judge is not bound to explain later on for what reasons he had come to such a conclusion".

It also said that the CIC should not have directed the petitioner to supply information without considering whether the queries raised were maintainable under the RTI Act.

Chennai's Sathyabama Deemed University students go on rampage after girl student commits suicide

By Express News Service | Published: 22nd November 2017 10:53 PM |

Last Updated: 23rd November 2017 01:08 AM |



The students set fire to things inside campus after a girl student allegedly killed self in her hostel room.Photo | EPS | Santhosh J)

CHENNAI: The students of the Sathyabama Deemed University here went on a rampage and set fire to things inside campus after a girl student allegedly killed self in her hostel room today. The students blamed the university staff of shaming the girl Duvvuru Raga Monica Reddy after she was caught cheating in an exam in the morning.

The first year engineering student hailing from Hyderabad allegedly committed suicide in her college hostel soon after she was sent from the exam hall. She was attending her second semester exam and writing engineering chemistry paper, when she was caught indulging in malpractice. (Photo | EPS | Santhosh J)

"At around 10.30 am, the invigilator found her suspicious and checked her answer sheet, in which he found she was copying from another paper which she managed to sneak inside the exam hall. Monica, had written a few answers in another large size paper which she brought inside the exam hall and placed it below her answer sheet from where she copied. She was caught and the invigilator asked her to leave the exam hall," said a official from the college.

"Depressed by this, she went to her hostel and sent a message to her twin brother Rakesh who studies in the same department at Satyabama University. In her message which she typed in Telugu, she apologized for her mistake of copying and asked for forgiveness," said the official.

Later, after the exam, her room mates reached the hostel only to find her hanging from the ceiling of the room. The students alerted the hostel staff and the police who rushed to the spot and recovered her body which was later sent to the Royapettah government hospital for autopsy. Photo | EPS | Santhosh J)

Later in the evening, the students of the university started setting things on fire in the campus and reportedly even not allowing fire tenders inside. Huge flames were seen inside the campus. A few students Express spoke over phone claimed that the girl was shamed in public leading to her suicide and even a boy was recently shamed publicly by the university staff.

The parents of the victim are on their way from Hyderabad and none of them blamed the university. A case has been registered under section CrPc 174 ( (unnatural death) and further investigations are on

Anna University debars 1,100 faculty from valuation

DECCAN CHRONICLE. | A RAGU RAMAN

 

Published Nov 23, 2017, 1:23 am IST

The university has formed an enquiry committee on the variations in marks.

 

 Roughly 15,000 faculty members were involved in the valuation.

 

Chennai: In a rare move, the Anna University has debarred over 1,100 faculty members from valuation following variations in marks in over 50,000 answer scripts of students who appeared for  April/May 2017 exams. The punishment varies from one to three years proportionate to the variation of marks. The answer scripts had variations up to 40 marks. 

The university has formed an enquiry committee on the variations in marks. As suggested by the expert committee, they have banned faculty members for one year for variations up to 20 marks, two years for variation up to 30 marks and three years for up to 40 marks.

Roughly 15,000 faculty members were involved in the valuation. After the results, engineering graduates had sought revaluation for 2.5 lakh answer scripts. “Of 2.5 lakh scripts roughly 50,000 scripts had marks variation. Keeping the welfare of the students in mind, the higher education department has decided debar the faculty members for their sloppy evaluation. This will prompt the teachers to evaluate the answer scripts carefully”,  said G.V.Uma, Controller of Examinations, Anna University.

The university did not punish the faculty members for up to 15 marks variation as the evaluation and awarding of marks vary to each individual. “A majority of answer sheets had marks variations between 20 and 30 marks. The university conducted an inquiry with the faculty members in three centres like in Chennai, Tiruchy and Coimbatore”, she said.

Around 12 lakh students write engineering exams every semester in the state. Usually, after the revaluation, if there is any difference in marks the university will conduct a third valuation. If the third valuation also confirms the marks variation, the faculty members would be asked to give explanation and if it is not satisfactory the faculty members face action for their laxity. But such action was not taken in the last few years.

“The university used to take strict action for sloppy evaluation of answer sheets. But, recently, it did not initiate any disciplinary action against the erring faculty members which has brought the quality of evaluation down”, senior professors said. “Earlier, the revaluation was done zone wise. This time it was done at a single centre for all over Tamil Nadu and that’s why the huge difference in marks came to light”, they added.

“The number of engineering students who seek revaluation is very high because of the change in the status from fail to pass”, said B.Chidambara Rajan, principal, Valliammai Engineering College. He said the clarity in answer key would solve the majority of the issues.  The faculty member should know the breakup of marks to be awarded for correct answers. He also suggested centralised evaluation centres for engineering exams to avoid differences in evaluation.

Jayalalithaa thumb impression row: Death probe panel summons 2 doctors

DECCAN CHRONICLE.

 

Published Nov 23, 2017, 6:05 am IST

Balaji was at the centre of controversy after he obtained the thumb impression of Jayalalithaa at the ICU of Apollo Hospitals here.

 

 

Justice A. Arumughaswamy, chief of inquiry commission to probe into former CM Jayalalitha’s death, arrives at his office in Chepauk on Wednesday. (Photo: DC)

 

Chennai: Justice A. Arumughaswamy Commission on Wednesday commenced its inquiry into the circumstances leading to former Chief Minister J Jayalalithaa’s death and is understood to have summoned two government doctors, including P. Balaji who obtained the fingerprints of the late leader during her hospitalisation, to appear before it.
The hearing began with DMK leader P. Saravanan, who unsuccessfully contested the byelections to Thiruparankundram assembly constituency in November 2016, deposing before the Commission and raising doubts about Jayalalithaa’s thumb impression that was affixed in the B-form of his rival A.K. Bose’s nomination papers. 

“There is no life in Jayalalithaa’s thumb impression that has been affixed in the papers. I see a lot difference in the thumb impression. There seems to be a larger conspiracy in this issue. Everything should be probed,” Saravanan told reporters outside the commission’s camp office here.
Saravanan also brought to the panel’s notice alleged discrepancies in press releases and the final discharge summary of the hospital where Jayalalithaa received treatment for 75 days before breathing her last at 11.30 pm on December 5, 2016.

“I will submit further documents in respect of Jayalalithaa’s signature and her thumb impression with the commission tomorrow,” Saravanan said. Sources said the commission has asked Balaji, currently the head of Transplant Authority of Tamil Nadu, and one more doctor, whose name is not known, to appear before it to answer several queries.

Balaji was at the centre of controversy after he obtained the thumb impression of Jayalalithaa at the ICU of Apollo Hospitals here. Opposition parties have alleged that the thumb impression was not affixed by Jayalalithaa and have been demanding a detailed probe into the issue.

On Wednesday, advocate R. Krishnamurthy submitted an affidavit seeking examination of 30 persons on oath including jailed AIADMK leader V. K. Sasikala, her husband M. Natarajan, and Prathap C. Reddy of Apollo Hospital.

No necessity to enter politics now: Rajinikanth

DECCAN CHRONICLE.

 

Published Nov 23, 2017, 1:12 am IST

The actor has been ambivalent on his possible entry into politics.

 

 Rajinikanth

Chennai: Actor Rajinikanth, who had asked his cadre to be “prepared for war” anytime earlier this year, said on Wednesday that there was no necessity at this juncture for him to take a plunge into politics.

“There is no necessity for that now,” the superstar told reporters, when asked when he would enter politics and begin his fieldwork. During the brief interaction, the actor said shooting for his upcoming film “Kala’ was over.

The actor has been ambivalent on his possible entry into politics. Sources say he was not in a hurry to join politics, as there are no elections in the near future.

Marriages stopped, 177 back to their childhood

Rajasekaran RK | TNN | Updated: Nov 22, 2017, 09:41 IST

 

In the past 19 months, the district childline-1098 received 177 complaints of child marriages being conducted. Withthehelp of various agencies, including the social welfare department, most of the marriages were stopped.

Only in a few cases have FIRs been registered against violators, while in some cases the parentshave discreetly conducted the marriages despite intervention. Though awareness about the childline has gone up, the number of child marriages has not come down in the district, said social welfare department officials.

As per records, 177 complaints reached the helpline between April2016 and October 2017. With August having more Muhurtam (auspicious) days, the month recorded 16 child marriage attempts in 2016 and 13 in 2017.

"The complaintswere mostly from peer-groups, estranged lovers (of 'brides'), neighbours and teachers/professors. Received complaints were conveyed to the social welfare department, which, along with revenue and police departments, would take steps to stop the child marriages. If needed, the authorities would reach the spot within a few hours," said N Aruchamy, Tirupur Childline Centre Coordinator.

District Social Welfare Officer I Poongothai, who is also Child Marriage Prohibition Officer, told TOI that "several such marriageswere attempted in rural areas, particularly Kangeyam, Vellakoil, Udumalpet and Kudimangalam. When asked, many parents admitted that they took such decisions because their teenage children fell in love with someone from other castes/communities or creed. Some others fixed the marriages when 'well to-do' alliances came their way."

"Some communitiesstillfollow the tradition of marrying children at a young age. With the district hosting a huge migrant population (from other parts of Tamil Nadu too), such illegal marriage attempts were seen equally among local people and the migrant population. There is a notion that child marriages are higher in the southern districts, but it is not true," said Aruchamy.

"In most of the 177 complaints, the brides/bridegrooms were below the legal marriage age -18 for woman and 21 for man. In some cases the brides and bridegrooms were found tohave attainedthe legal age. In one case, we had to contact a civic body in Telangana to ascertain the age of a bride and after this we allowed the marriage," said Poongothai.

"Though all illegal marriage attemptswere stopped, in 7 cases the parents managed to conduct the marriages after changing their residence or conducting the marriages in some other district. We have challenges in tracking the victims if they are from other districts," said M Dinesh Babu, childline city coordinator.

"After the marriages are stopped, the social welfare department and Childline would track them continuously. We ensure that the victims continue their education if they are dropouts. Many a time, we had to intervene to readmit the children to educational institutions/schools," Poongothai said.

Online complaint goes viral among those who lost important documents

A Selvaraj | TNN | Updated: Nov 23, 2017, 07:40 IST

 

CHENNAI: Gone are the days when a complainant had to run from pillar to post, or from police station to police station, to file a lost document report (LDR) and then wait for another two weeks to get a copy of the complaint. Now, in two minutes, a complainant can file his grievance and get its copy which could then be used to procure a new set of documents.

Online LDR has been a hit across Tamil Nadu with 84,000 people using CCTNS to file complaints ever since the State Crime Record Bureau launched the service on August 30. However, SCRB officials said documents pertaining to road accidents and first information reports (FIR) have had very few takers with only 1,432 people using the service to access them. Those involved in a road accident can download investigation material uploaded by the police from the portal www.tnpolice.gov.in.

"We didn't expect the sudden surge of people availing the facility. Now, we are trying to create mediums to propagate other online facilities," said SCRB director Seema Agarwal.

Agarwal said citizens can view and download FIR, check CSR and FIR status, vehicle status, file online complaints among others. "We have introduced all these provisions as a part of e-governance and transparency in the administration," the officer said.

Lauding the initiative, Masthan V, a software engineer, said, "This is what we actually want. I lost my identity card two weeks ago. My office asked for a copy of the FIR. I accessed the CCTNS and everything was completed within two minutes."

To create awareness about the online facility, SCRB officials have conducted separate meetings for 10,678 officials of the government-run e-service centres. An awareness meeting was held at the Madras high court campus on Monday. A team of SCRB officials led by the additional deputy superintendent of police Sri Devi and deputy superintendent of police M Raj Kumar informed lawyers about how easy access to the FIR and other documents online for road accident cases can help a victim's family get compensation at the earliest.

"We perform mock drills to check if the facilities are up and running. Sometimes, we ask our friends to check and give us feedback. This helps us rectify the glitches if any," said another police officer.

The officer said photocopying centres are charging people in rural areas, who do not have access to the portal, around Rs 300 to download documents. "All these people can avail the facility at the government's e-service centres at the collectorates," he said.

An SCRB officer said several police officers and collectors have suggested setting up of e-service centres at collectorates, and offices of district superintendents and commissioners, so that the general public approaching these offices with grievances can avail the facility. "We are working on this and will decide soon," the officer said.