![Delhi HC issues notice on a PIL filed by Prof. Shamnad Basheer, seeking overriding powers of RTI Act against other Statutes and for declaring S.144 of Patent Act ultravires [Read the Petition]](/static/images/error.jpg)
Delhi HC issues notice on a PIL filed by Prof. Shamnad Basheer, seeking overriding powers of RTI Act against other Statutes and for declaring S.144 of Patent Act ultravires [Read the Petition]
Live LawDelhi 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. 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. 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. The petition alleges that the provisions of the Patents Act are thoroughly inconsistent with the scheme and object of the RTI Act and contravene the constitutional mandate to promote easy and affordable access to public information.
History of this topic
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