People can now cite the Supreme Court order and Central Information Commission (CIC) orders to demand information from the Reserve Bank, says Shailesh Gandhi
The Supreme Court (SC), hearing a set of 11 transferred cases, had said that the Reserve Bank of India (RBI) cannot withhold information citing 'fiduciary relations' under the Right to Information (RTI) Act. The apex court also said, the Central Information Commission (CIC) has considered elaborately the information sought for and passed orders which in its opinion do not suffer from any error of law, irrationality or arbitrariness. Significantly, as many as 10 of these 11 orders, were issued by Mr Shailesh Gandhi, in his capacity as CIC. He is one of the only two activists who had been appointed a central information commissioner. 
On the issue of Open Spaces, Mr Gandhi pointed out that the Mumbai municipal corporation has proposed an ‘adoption policy’ for the open spaces under its control, which will allow various bodies to take possession of open plots and maintain them. He pointed out that several spaces, which were given earlier under such a scheme, have been usurped by private parties. This leads to the creation of private interests on public lands.
Mr Gandhi said that only active citizens, keeping tabs on the government will lead to an improvement in governance. Mr Gandhi’s talk was followed by an open discussion on what the implications of the judgment and on RTI itself. Among those who spoke on the occasion were Mr Vishwas Utagi, office bearer, the All India Bank Employees Association (AIBEA) who strongly welcomed the SC orders and was emphatic that bad loans would reduce only when the top management of banks was made more accountable. Mr Utagi mentioned how the AIBEA had defied the banking secrecy laws and started to publish the list of bank defaulters. Now that the SC judgement had thrown out the RBI’s secrecy on the grounds of ‘fiduciary’ information, he urged people to come forward to file more RTI applications and keep up the pressure on banks to be more fair and transparent in their dealings.
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Last week, at a seminar where the Chief Justice Of India spoke, the CJI also mentioned that people talk only of pending cases; not of the 2 crore cases disposed of in a year. Big country, many litigants. As an ex-CJI had said, it is heartening that people come to court to resolve disputes; not go to dons, no matter how over worked the system.
As for more judges, of course it will help. Yet, the calibre must not suffer. Another way of solving the issue is to also make lawyers responsible when frivolous litigation is filed. They need to advise clients correctly. especially for PILs and Writs. The low cost involved in meant to help the needy and poor. Not to be misused by the rich and powerful.
Heavy fines should be imposed on plaintiffs for uselessly rushing to court, especially when the case smacks of vendetta or for seeking judicial decisions to legitimise criminality.
That way half the burden will be removed. It is already being done in our Bombay High court.
I warned him that I would report it to the magistrate. He countered by reminding him that I was HIS lawyer! When I explained to him that my duty was first to the court, he discharged me.
AND did not pay me.
The problem is that people think that they MUST lie in court. I agree, judges must be more strict. The law says that perjurers must be thrown out. It needs be implemented.