PIL filed by Prof. Shamnad Basheer, seeking overriding powers of RTI Act against other Statutes and for declaring S.144 of Patent Act ultravires

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Delhi High Court today issued notice in a Public Interest Litigation filed by Prof. Shamnad Basheer, founder of SpicyIP and leading academician in the country, with path-breaking research in the field of Intellectual Property Rights, praying inter alia to declare that the mechanism under the Right to Information Act, 2005 overrides all other mechanisms under any other statute or rule for discharge of information from public authorities to the extent of inconsistencies therein and to declare  Section 144 of the Patents Act, 1970 is ultra vires the Constitution of India

Senior Counsel Salman Khurshid appeared for Prof. Basheer and opened arguments in the matter today  pointing out how the RTI mechanism was being frustrated by Government agencies. He was accompanied by joy Basu senior counsel.  The court issued notice to the government. Matter posted to 29th October and the government has been given time to respond by then.

The petition also praying the acceptance of the RTI applications which were rejected on the ground that there is already an information dispensation mechanism provided under the Patents Act, 1970 and Rules, enacted prior to the RTI Act. This has been alleged to be violative of Article 14, 19 and 21 of the Constitution of India, apart from the provisions of the RTI Act.

Read the Full News Report : here

Read the Petition: here