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neel_patel

Can PIO denied public documents under section 8 (G) under official secret ??

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neel_patel

Can PIO denied Inwards & outward register, movement register, petrol book, Logbook of police vehicle, Station Dairy under section 8 (G) under official secret act??

 

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Prasad GLN
Posted (edited)

If they are public records and not specifically marked as secret/ confidential, PIO is bound to provide such information.

Even if a public record has been classified as secret by the authorities through an internal circular, they can not become secret

Every public record must be disclosed as information under RTI.

As per my knowledge, Supreme Court has not defined what is secret/confidential and the present Fighter planes of France issue was treated as Secret by Government but those documents were published by Hindu Newspaper.

The OSA was enacted in 1923 by the British Government's applicability needs a study.

Go for the First Appeal with following grounds of appeal.

Grounds for Appeal:  PIO has denied providing the information stating Sec.8 (1) (g) as exemption, but has failed to justify as to how a disclosure of a general public record sought endangers the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement of security purposes.  In none of the past CIC decision, nowhere any SPIO has rejected information of providing the inward and outward register, log book, station diary applying this section 8 (1) (g).  The denial challenges the very existence and enactment of RTI where the objective is Transparency and accountability of public authorities, and as law enforcement agency Police department is expected to be more accountable to the public.  Mere rejection of information stating such exemption section without justification, as per several CIC decisions amounts to malafide denial.  Against this background of the present position, this first appeal.

PRAYER: Appellant prays for directions to SPIO to provide the information as expeditiously as possible free of cost.  If FAA also decides to agree with SPIO, FAA can provide a reference of any order/circular/directive classifying such record as secret and the past decisions by any of Information commission from the last 15 years treating the requested record as the exemption under Sec.8 (1) (g)

Members from the forum might have solicited such information and those members who have previously requested for such records may kindly provide guidance on the issue and inform whether such record was at any time denied by PIO or FAA or SIC or CIC.

 

I also suggest for making a fresh application to SPIO, Director General of Police seeking information as follows:

Information solicited:  Please provide copy of any internal order/circular/notification or FAA orders or State Information commission orders stating that Inwards & outward register, movement register, petrol book, Logbook of police vehicle, Station Dairy are covered under Official Secret Act and as such information can be denied under section 8  (1)(g) under official secret act.

Edited by Prasad GLN
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avinash_hyd007

Good point to be sought under RTI Act, 2005

Sent from my LM-Q710.FGN using RTI INDIA mobile app

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