Gujarat HC quashes order to show Modi's PG degree, imposes fine on CM Kejriwal

News Network
March 31, 2023

Kejrimodi.jpg

The Gujarat High Court allowed a petition moved by Gujarat University (GU) challenging direction of Central Information Commission (CIC) asking the varsity to provide post graduate degree of Prime Minister Narendra Modi under Right to Information Act (RTI) to Delhi Chief Minister Arvind Kejriwal. 
 
While setting aside the direction of CIC, Justice Biren Vaishnav also imposed a fine of Rs 25,000 on Delhi CM Kejriwal. The Delhi CM was party respondent in the case. The court refused to stay its order after a request by Kejriwal's lawyer for appealing the verdict. 
 
In 2016, GU had moved the court challenging the order passed by CIC directing it to provide information to Delhi chief minister Arvind Kejriwal on the graduation degree of Modi. 
 
The then information commissioner M Sridhar Acharyulu had passed the direction to the Prime Minister's Office to provide information of Modi's graduation and post graduation degrees to GU as well as Delhi University to help them in searching those documents. GU approached the court stating that CIC didn't have jurisdiction to pass such an order and pleaded the court to quash it.
 
The Delhi Chief Minister himself never filed any formal RTI application. It happened after he provided information about his electoral photo identity but criticised CIC publicly saying that it was "obstructing information on Modi's degrees." 
 
The CIC took cognisance of Delhi CM's response as an application and issued notice to PMO to provide "specific number and year" of degrees of "Narendra Damodardas Modi" for making the search for the documents easy for GU and Delhi University.
 
Solicitor General Tushar Mehta had appeared for the state government-run university and argued, "Although the varsity had nothing to hide, a very short and significant question arises for consideration before the court is whether, in principle, the Right to Information Act be applied either for extraneous purpose to satisfy somebody's curiosity or to give a job opportunity to a few individuals who are misusing the provisions. So, in principle the university is contesting." 
 
Mehta had argued, "No objection so far as degree is concerned... degree is in public domain.. degree was placed in public domain in more than one forum. This particular degree nobody is hiding. But, in principle, this needs to be examined." Mehta argued that seeking education qualification of a public person has to satisfy the RTI exemption clauses that it must be in public interest. He said that "just because the public is interested, it can't be held that it is of public interest." 
 
Mehta said that elections can't be questioned on the basis of educational qualification. "Can you seek any personal information merely because you are curious about it? Can a CM seek information about the health of a PM?," Mehta argued. He gave examples of federal laws of the United States of America and the United Kingdom, which guard personal information of citizens.
 
At the end of his submission, he had told the court that the varsity's petition should be allowed with a cost. "Otherwise, we would be doing a great disservice to the Act, which is intended for something else but it is used for something else...it is used for settling political scores, used for childish jabs against opponents."
 
Appearing for Kejriwal, senior lawyer Percy Kavina responded, saying "Settling political scores and politics is inextricably linked with this matter because of the allied parties who are politically antithetical to each other. He stated that provisions under RTI are clear that one shouldn't be required to give the purpose of seeking information.
 
Kavina argued that direction is to furnish information to the public information officer (PIO) of Gujarat University under RTI Act and not the varsity itself. There is no order against the university. 
 
"The university is a statutory body which can't hold the brief for somebody else no matter how desirable it is. The commission directed the PIO of the Prime Minister's Office and Gujarat University. Why should GU spring to the defence of a person who has not chosen to challenge this order. The PIO of the PMO, public information officer of PMO, is the principal directee... he has not chosen to challenge this order," Kavina argued. He also said that instead of challenging it in the high court, an alternative remedy was available for filing an appeal against the commission's order.
 
He argued that when a candidate contesting elections discloses his or her educational qualification, he goes out of the purview of exemption under RTI Act. "An attempt was made and we inquired that a person doesn't hold qualification. It is an offence to file wrong information. Kavina also contended that no information related to the degree was available in the public domain.
 
"Entire case of the university is being pleaded for by a person who is not before the court. If the university is directed to comply with an order then it is for the person whose information is to be given to be asked yes or no. The order can be treated as a request. Do you have a problem? If you have, I will consider it...it is how the rule of law operates. Ex-US president Donald Trump and US president Joe Biden's houses were also investigated by the FBI. No one is above the law," Kavina had argued. 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
November 28,2024

Mangaluru: The upcoming assembly session at Suvarna Soudha, Belagavi, scheduled from December 9 to 19, will primarily focus on addressing issues pertaining to North Karnataka, according to Assembly Speaker U T Khader. "While the main emphasis will be on North Karnataka, concerns from other regions will also be part of the discussions," he clarified.

Speaking to reporters at the Circuit House in Mangaluru on Thursday, Khader shared that a meeting of the Business Advisory Committee had been convened, with the Chief Minister, Leader of the Opposition, and other key figures in attendance to ensure effective deliberations during the session.

"The session was initially planned from December 9 to 20. However, it was later decided to conclude it by December 19, as the All India Kannada Literary Convention is set to begin on December 20 in Mandya," Khader explained.

When asked about the process for discussions in the Assembly, Khader assured, "Discussions will take place according to the established rules."

The Speaker also highlighted his participation in various international conferences. "As Speaker of the Legislative Assembly, I have consistently sought opportunities to represent the Assembly at overseas conventions. I am pleased to announce that I will be attending the International Peace Conference in Vatican City," he said. "It is an honor to participate as a representative of the Mangaluru constituency and as the Speaker of the Assembly."

In response to questions about government grants, Khader remarked, "Grants do not come automatically. MLAs must actively follow up with the relevant authorities rather than simply complain about the lack of grants in their constituencies."

Addressing the tragic incident of three students drowning at a resort in Ullal, the Speaker emphasized, "The Deputy Commissioner has been instructed to enforce strict safety measures in resorts to prevent such incidents in the future."

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
November 22,2024

Mangaluru: A man fell victim to an online scam, losing Rs 1.7 crore after fraudsters posed as officials from TRAI. According to a complaint filed at the CEN police station, the incident began on November 11, when the complainant received a call from an unknown number at 9:49 am.

The caller, claiming to represent TRAI, alleged that another mobile number registered under the complainant's name was involved in illegal activities in Andheri (East), Mumbai. The caller further stated that an FIR was lodged against the complainant for harassment under the guise of marketing. He was instructed to contact Andheri (East) police station immediately or risk his mobile service being deactivated within two hours.

The complainant was subsequently connected to an individual named Pradeep Sawant, who claimed the complainant was implicated in a money laundering scheme linked to the Naresh Goyal fraud case. Sawant alleged that a fraudulent bank account under the complainant's name was opened at Canara Bank, Andheri, and used to purchase a SIM card for illegal activities. He warned that the complainant could face arrest.

Later, the complainant was contacted via WhatsApp video call by individuals posing as Rahul Kumar (a police officer) and Akanksha (a CBI officer). They allegedly sent fabricated CBI documents to his WhatsApp number. The fraudsters demanded money to "resolve" the case. Fearing threats, the complainant allegedly transferred Rs 1.7 crore through RTGS in batches of Rs 53 lakh, Rs 74 lakh, and Rs 44 lakh between November 13 and 19. A case has been registered at the CEN police station and an investigation is ongoing.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
November 28,2024

Udupi: A 53-year-old woman fell victim to a sophisticated online fraud, losing ₹19.7 lakh to scammers posing as officials from telecom companies and the police.

According to the complaint filed by Vidya, the incident began on October 4 when she received a call from an individual claiming to be from Airtel. The caller alleged that a SIM card linked to her Aadhaar was being misused in Mumbai for spam and fraudulent activities. They warned her that all her mobile numbers could be blocked and connected her to a supposed "Sahara police station."

A man identifying himself as Mohan Kumar, an "investigation officer" from the Sahara police station, then contacted Vidya. He alleged that a fraudulent bank account had been opened in her name at an SBI branch in Mumbai. This account, he claimed, was being used for human trafficking and money laundering activities by someone named Vivek Das. He insisted that all her bank accounts needed to be reviewed.

On October 5, the scam escalated when Kumar, posing as a police officer, threatened Vidya with arrest and warned her not to leave her location without his permission. He demanded that she transfer funds from her accounts to specific UPI IDs and bank accounts under the pretext of "reviewing" her finances. Fearing legal consequences, Vidya complied and transferred ₹19.7 lakh in installments between October 16 and November 7.

The fraud came to light only after she realized she had been deceived. A case has been registered at the CEN (Cyber, Economic, and Narcotics) police station, and an investigation is underway.

Public Warning:

  • Beware of unsolicited calls claiming to be from telecom companies, banks, or police stations.
  • Never share sensitive personal or banking details over the phone.
  • Always verify the identity of callers through official channels before taking any action.
  • If in doubt, contact your local police or cybercrime cell immediately.
  • Stay vigilant to avoid falling prey to such scams!

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.