RTI 2005
Dr Ambedkar
However good a constitution may be if those who are implementing it are not good, it will prove to be bad. However bad a constitution maybe, if those who are implementing it are good, it will prove to be good
RTI
Public bodies hold information not for themselves but as custodians of the public good and everyone has a right to access this information subject only to clearly defined rules established by law.
Access to info is key to a participatory democracy which enables citizens to actively participate in matters of public affairs
The objective behind these enactments is to ensure that government activity is transparent, fair and open.
Except matters of defence, atomic energy and matters concerning the security of a country, there is no room for secrecy in affairs of the Government.
Success of RTI across world
Japan 2001 revealed that govt tired to limit the geographic def of areas affected by Minamata disease in order to reduce compensation
Mexico 2002 law Human Rights commissio to address more than 3400 complaints logged by citizens only a fraction were resolved
South Africa - Controversial oil contracts with Nigeria
Irish - uncovered the collusion among 4 pvt license holding companies and govt that has stymied the development of wireless and broadband internet access in Ireland
Life and Liberty - Section 7(1) - Threat to life and liberty
PIO is bound to provide information within 48hrs
Act gives PIO the liberty to determine whether such an application in-fact constitutes threat to one’s life and liberty or not
Exemption Test
Exemption is in built under Section 8,9, 10
An authority may face a situation where a record/document contains the exempted information along with information which can be legally disclosed
Rule of severability - Section 10 - The Rule is applied to grant access to that part of the record which does not contain the exempted information and can reasonably be served from from any record that contains such information
GOLDEN RULE : Info that cannot be denied to Parliament or a state legislature shall not be denied to any citizen as provided under proviso of Section 8
Case
Central Board of Secondary Education Vs Aditya Bandopahyay
UPSC V GS Sandhu
Denying the noting altogether would not be justified when teh intended objective can be fully achieved by adopting safeguards such as blocking names, designation or any other indication which would disclose or tend to disclose the identity
CPIO SC Vs Subhasah Chandra Agarwal
Confidentiality is protected and preserved in law because the public interest requires such protection.
However public interest in protecting confidentiality is subject to a few exception … The principle of confidentiality does not apply when concern relates to matters which are an integral part of free speech and expression and entitlement of everyone to truth and fair comment about it
Public interest is not undermined, but serves the public interest by promoting free and open discussion on a matter concerning free and fair election.
BHagat Singh Vs CIC
APplication of mind and passing of reasoned orders are inbuilt into the scheme of the RTI act - 8(1)(h) - Justice Ravinder Bhat - while dealting
Authorities withholding information MUST SHOW Satisfactory reasons … such reasons should be germane, reasonable and based on some material.
The mere existence of a particular exemption clause under section act is not sufficient to withhold information, there should be reasonable nexus b/w the exemption clause cited to withhold info and the objective sought to be achieved by withholding it.
UoI Vs R.Jayachandran W.P 3406/2012
Anjali Bhardwaj Vs UoI 2019
RTI act is a time bound legislation and prescribes statutory timelines for providing information and the Central/State Information Commissions out to decide the appeals/ complaints within the shortest possible time, which should normally be a few months from date of service of complaint or appeal to the opposite side.
CIC
CIC Ordered to create dedicated email Id to receive ‘life & liberty” RTI - 22nd April 2020
Information Commissioner Vanaja N. Sarna of the CIC has directed DopT to create unique email ID for every public authority in order to facilitate receiving of “life & Liberty” RTI, especially in the view of pandemic when postal services were hit
Political
Donations
Rahul Gandhi is a public servant as per provisions of Section 2(c) of Prevention of corruption Act 1988
Public Interest
Sometimes criticised as inherently amorphous and incapable of a precise definition, is a time tested and historical conflict of rights test which ofent appolied in right to info legislation to balance to access and protection of conflicth righ
Supreme Court on RTI
- SC -
- Do not cite RTI replies
- It is NOT reliable as per our experience, lawyers to refrain citing RTI Replies
- if Letter ends with some other authority, reply is something completely different.
RTI Judgements
PIO cannot deny information for want of RTI fee
If a Public Authority has a procedure of disclosing certain information which can also be accessed by a Citizen using the Right to Information Act, it is the Citizen’s prerogative to decide which route he wishes to take. - CIC/SG/C/2009/000702/4128 - link
Continuous Transfer of RTI application under section 6(3) is ground for penality under section 20(1) and 20(2) for RTI Act 2005 -
Birth certificate marriage certificate public - link
Judicial Proceeding and records are public documents and applent ha righ to secure desired information - CIC/DSESJ/A/2016/305423 - 16th October 2017 - link - Yashovardhan Azad
Section 11 - link
Subjudice
Fight 8(1)(j) - link
Spouse entitled to know remuneration - link
Service record of Retired Government employee - public document - CIC/AD/A/2012/002874 - Dated 13/5/2013
Service record of employee is public document - CIC/AD/A/2012/002874 - Dated 13th May 2013 link
Attendance and Leave public record - -CIC/CCUBL/C/2017/173158-B Dated 23/01/2018 - link
Rejecting RTI request for being lengthy is vioaltion of RTI act -CIC/SB/A/2015/000639 - Dated 12/01/2017- link
Broad outcome of TEP investigation should be provide to the applicant - link
Internal procedures are public information under RTI - Bombay HC - link
Annual Performance Assesment Report - 14th May 2009 - Not personal document - No 8(1)(j) - link
Counter to 8(1)(e) - Fiduciary relation - internal documents and procedures should be provide under RTI - HC Kerala - Canara bank VC CIC - link
RTI Act does not exempt voluminous info from disclosure - link
Pension related matters come under section 7(1) of RTI Act - disposs withing 48hrs - link
CIC Order with respect to RTI fee - link
IPO should be accepted with filled up names of payee - need NOT put the receiver name
Section 5(3) - CPIO to render “reasonable” ASSISTANCE to the information seeker
Rule 6 RTI rules 2012- Mode of Payment - cash against proper receipt, demand draft or banker's cheque or IPO, electronic means - Refusal result into imposition of penalty under section 20 of the Act
Application fee and copying charges in cas from information seeker
Terms
Judicial Proceedings - Section 4 of CrPc
Fiduciary Relation Ship 8(1)(e) of RTI Act 2005. - Doctor and Paitent, Lawyer and client
What is Public Interest?
R. K. Jain Vs. Union of India (1993) 4 SCC 120 it was held that factors to decide the public interest immunity would include
where the contents of the documents are relied upon, the interests affected by their disclosure;
where the class of documents is invoked, whether the public interest immunity for the class is said to protect;
the extent to which the interests referred to have become attenuated by the passage of time or the occurrence of intervening events since the matter contained in the documents themselves came into existence;
the seriousness of the issue in relation to which the production is sought;
the likelihood that production of the documents will affect the outcome of the case;
the likelihood of the injustice if the documents are not produced……”
It was further stated “The courts would allow the objection if it finds that the documents relates to the affairs of the state and its disclosure would be injurious to the public interest, but on the other hand, if it reaches the conclusion that the document does not relate to the affairs of state or that the public interest does not compel its nondisclosure or that the public interest in the administration of justice in the particular case before it overrides all other aspects of public interest, it will overrule the objection and order disclosure of the document”.
Appendix
RTI Act 2005 to secure access to information under the control of the public authorities, in order to promote transparency and accountability in working of every public authority,
The RTI Act has been enacted to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a central Information commission and state information commissions and for matters connected therewith or incidental thereto. The basic object to the Act is to empower the citizens, promote transparency and accountability in the working of the Government contain corruption and make our democracy work for the people in real sense. It goes without saying that an informed citizen is better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed. The Act is a big step towards making the citizens informed about the activities of the Government.
The Act is a part ana parcel of the Right to Freedom of Speech and Expression as contained in Article 19(1)(g) of the Constitution. The Act gives statutory safeguard to the Freedom of Speech and Expression guaranteed under Article 19(1)(g), Which cannot be curtailed except with reasonable restrictions provided under 19(2) of the Constitution, in the interest of sovereignty and integrity of India, security of the State, friendly relations with foreign State, public order, decency or morality or in relation to the contempt of court, defamation or incitement to an offence only and the
Provided that information which cannot be denied to the parliament or state legislative assembly shall not be denied to any person.
If RTI Act is applicable to whole of India, then one commissionerate cannot take stand contrary to other . This is not a case where public interest demands withholding of the information, rather it mandates disclosure of such information
Informed citizenry and to contain corruption so as to hold the bank which is an instrumentality of the state, accountable to the people which are the avowed objects of the Act, as proclaimed by the preamble of the act.
The point about conciliation and conjugal harmony seems absurd because criminal law is meant to punish the wrongdoers and is not a mechanism to firts drag husband and his wholefamily into criminal cases and hoping that pressure of arrest/criminal trial/appearance of accused will result in creating harmony! Alos, the statment of object san dreasons of IPC 498A and Dowry Prohibitiona Act world not refere to creation of conjugal harmony as the objectives
Judgements Remarkable
Appendix
Lack of RTI fee is not ground for denial of information under RTI ACT 2005 CIC order No: CIC/EPFOG/A/2017/101847 - Order - https://dsscic.nic.in/files/upload_decision/101847_Sridharan_V.pdf
Lengthy RTI cannot be only ground for denial of information under Rule 3 of RTI rules 2012 CIC order CIC/SB/A/2015/000639 Dated 12th January 2017
https://dsscic.nic.in/files/upload_decision/2017-01-17-161557639.pdf
Annual performance report is public document - as per DoPT
http://www.irpof.co.in:8080/irpofcoin/ACR.pdf and such information should not be denied under RTI as per CIC order .CIC/RM/A/2014/000913-YA Dated : 11th January 2017
https://ciconline.nic.in/cic_decisions/CIC_RM_A_2014_000913-YA_M_176568.pdf
Spouse is not 3rd Party and should not be denied any information under RTI Act 2005, CIC order No: CIC/MA/A/2008/00866 - https://ciconline.nic.in/cic_decisions/MA-05082008-09.pdf
Judicial proceeding and records are public documents under RTI Act 2005. CIC order CIC/DSESJ/A/2016/305423 Dated: 16th October 2017
Mere existence of investigation cannot be ground of denial of information, authorities should provide germane reason how it would impeded Investigation - Bhagat Singh Vs CIC - Civil Writ Petition - http://www.rtifoundationofindia.com/hc0001-412
PIO cannot mechanically invoke 8(1)(h) under RTI Act 2005 should provide information even when consent is denied. CIC order No: CIC/AD/A/2012/003341-SA Dated 7th January 2014 https://dtf.in/wp-content/files/Decision_dated_07.01.2014_-_Ms._Jyoti_Seherawat_Vs._Home_General_Department_Govt._of_Delhi.pdf
PIO cannot deny information under 8(1)(h) without explicit order of court even if matter is subjudice. CIC order : CIC/BS/A/2015/001578/11769 dated 26th November 2016 https://dsscic.nic.in/files/upload_decision/CIC-SB-A-2016-000935-BJ--.pdf
PIO cannot deny information as 3rd party with respect to assets of a public servant CIC order : CIC/SG/C/2011/001282/17913 https://ciconline.nic.in/cic_decisions/CIC_SG_C_2011_001282_17913_M_75720.pdf
Section 22 - of the RTI Act has an overriding effect over the provisions of the other statutes - ( Shakti Singh Vs State of Punjab by Punjab HC)
Spouse Medical condition - phyciatrice - 8(1)(j) and 8(1)(e) https://ciconline.nic.in/cic_decisions/CIC_KY_A_2014_001348-SA_M_151923.pdf
Father In Law - furnish net Taxable Income -CIC/LS/A/2010/001044DS
Date:
Place:
To
The Public Information Officer
Address of Public Authority
Sub: Request for Information u/s Section 6 of RTI Act 2005.
Sir,
I am Robin Ganguly, resident at ……..
Kindly provide the following information Point wise
ABCD
EFGH
Towards the RTI application Fee, please find the payment of Rs10/- affixed.
Please provide the information in English and kindly transfer my application to relevant public authority in case the information seeks is does not concern your office
Thank you.
Yours Sincerely
(Robin Ganguly )
Applicant Address
Robin Ganguly
WB - 500034
RTI Good Arguments
Golden Rule - if parliament can access info, citizen also has access to such info
That I am not a trained professional as Delhi Police Personnel hence it will be more time consuming for me.
That to inspect the records of SHO’s /NDD I would incur charges beyond my capacity. Example – Travel, Office Leave, Hourly Charges etc.
That the information required can also be asked through CRPC 91 through Court Order as well and RTI is just an alternative way of obtaining information. And if PIO cannot ask Court to come and inspect the records and find the information of itself then the same applies to the people seeking information through RTI.
That this RTI seeks to find the information that should be the part of the records maintained by the law enforcement agency and does not intend to ask the authorities to conduct any investigation or enquiry.
