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murarikabra

application of Sec 8(1)(b) for spouse

Question

murarikabra

URGENT

I require information from the Police Station for role/involvement/inquiry/questioning of my wife in a murder case. But the PIO has refused to provide the information u/s 8(1)(b) with reference of " all the documents have been presented in the Court and the case is sub judice in the Court ",  but without any documentary evidence provided to me. 

I would like to have your opinion on the following points:

1. what are the provisions under RTI Act if the Third Party like spouse is effected from the information

2. whether Sec.8(1)(b) is applicable even in such case where the personal interest of spouse effects

3. what are the provisions or Case Laws where Sec.8(1)(b) can not effect for providing such information

4. where the PIO has not provided any documentary evidence from the Court for instructions for not sharing of such information

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3 answers to this question

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Prasad GLN

While dealing with Police, always explore alternates also.   Once the case is submitted to Court, the papers are not in exclusive custody of the public authority.  Instead of begging them, give vakalat and get all the papers filed in the form of certified copies  before court from any advocate .  If PS has not provided any documentary evidence before court, he can never order court not to disclose the same.  Every citizen is entitled to any document from court. Any advocate can guide you in the matter.  In urgent/priority matters never depend only on RTI alone.

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murarikabra

can you provide Case Law for my case. Awaiting your response. Thanks.

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Prasad GLN

You are a citizen and entitled for such information under Life  o Liberty.

\Any public authority must provide such documents within 48 hours.

If that information is not available he can go for first appeal on Life or liberty clause.

Mere claiming exemption is not sufficient, PIO must state such exemption under Sec. 8 (1) and he must provide satisfactory justification for such denial.   In absence of such denial with jorstification, the denial appears to be deliberate and malafide.

After seven days you have to second appeal.

Every common, citizen can not have adequate knowledge on RTI in a place like India and he need not submit any such citations/case law.

The burden of proof for providing information is always on PIO.

During hearing, appellant has state and file such decision relevant, and  surprise PIO to get decision in his favour depending on such facts.

Do not go on theory and just understand stipulations in RTI and there is no need for a common man to provide citizens to those dealing with hundreds of application.

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