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manjun_papanna

RTI Section 11 & 8(1)(d) - sub-judice matter

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manjun_papanna

Sir,

Requesting suggestions in this regard. I have 2nd appeal hearing this week

RTI application came to be denied for all points under section 8(1)(d) and 7(9) by CPIO.

FAA up-held CPIO decision and also invoked additional Section 11 to deny the information under the response from 3rd party.

Reason for invoking section 11 (no sub-section mentioned) is that pending court case. My contention is that, public interest outweighs personal interest / commercial confidence / trade secrete, and involved in this public project ~200Cr rupees public money and seeking the information so that I could seek appropriated agency investigation.

CPIO/FAA arguments is that applicant is also involved in the project thru 3rd party and exited the project abruptly and litigation on-going.

While checking web-site, I could find few decisions about sub-judice can not be the reason to deny information. However, in this case it involves litigation/court case b/w applicant and 3rd party which came to be filed only after filing RTI application.

Appreciate any suggestion/help with earlier decisions. Thanks.

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Prasad GLN

When PIOs do not want to part with information, without application of mind, they will select all 8 (1)  clauses one by one to deny information.

Mere quoting of section and denying information is not lawful denial.  They have to justify as to how such exemption clause applies to this specific information now being provided in the query..

Unless you provide the exact query, it is not possible to guide you on 8 (1) (d) you have to inform name of public authority also.

 

Application of 11 as exemption is unknown.  It is only formal letter written to third party seeking objections if any as courtesy and that is not binding on PIO and when larger public interest is involved there are never any exemptions.  It is not clear as to whether they have referred your application to third party and also informed you of his objections if any.

Subjudice is never a reason for denial.  TO use such exemption, the court should order for not disclosing that information specifically and then only it can be rejected.

I could find these smart tricks only of one Public sector oil company notorious in their RTI implementation 

Appellant should always stress larger public interest and transparency and acccountability, and PIO can not claim any exemption.

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manjun_papanna

Thanks sir. With this I made a submission citing  sub-judis previous decision. Now the order is reserved.

Since the order is reserved, can i submit addendum with additional points at this time based on the reply/statement filed by respondent with the commission. ?Infact I wanted to put-forth my response during the VC but due to time shortage it could not be done. If addendum can be submitted, is it required to submit a copy to respondent as well ?

 THX.

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Prasad GLN

By the time your written addendum reaches, IC might have despatched his orders.  During oral submissions IC might have already decided and he reduces the same in writing within few minutes.  (I apprehend that IC may give one line decision and rest is done by Registry, and here local PIOs keep registry in good moods and get decision in their favour)

Try to send the same by Fax .  Any submission made to IC by one party, he should necessarily make a copy to the other party.  It is clearly written in your Hearing notice and that notice also states that written submissions much reach them 7 days before hearing.

Just wait for the decision of IC.

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manjun_papanna

I submitted addendum by way of LINK Documents online attached to case number. Also sent copy to respondents. I presented case of larger public interest and submitted sufficient documentary evidence that discloses. I shall wait for decision. Thx for the suggestion.

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manjun_papanna

It's been more than 10days now since the date of second hearing and "Order Reserved". Till date no order uploaded on the website. Please let me know how long does it take for Decision to come-out from Order-Reserved status.

I remember that at the end of the hearing IC did say that it's difficult and decision to be made carefully. Does this mean wait may be longer than normal wait period?

Thanks Sir,

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manjun_papanna

Order announced yday. The decision for case No. CIC/BHELD/A/2018/124481 available on the web-page.

Case remanded back to FAA for adjudication. I have submitted complete written arguments, response to respondent statement point-by-point stating why information to be disclosed, voluminous evidences of larger public interest, etc...

Any suggestion on the Order interpretation?

Thanks sir.

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Prasad GLN

Unless the ground for appeal and prayers are informed, one can not guide further.  The decision must also have stated what should be done after such FAA adjudication.  It is not clear as to the version of PIO.  If PIO has submitted his version, appellant should also get copy of such version filed by PIO before CIC..  Wait for the response of FAA.

But when FAA has already delivered his orders, once again remanding the second appeal to FAA is unknown.

As known to all, when authorities do not wish to part with information, they attribute personal motives and wish to brand appellant as unsocial element and abuser of rti.  Hence the final verdict in all such cases remedy is only through  appeal to High court 

 

Edited by Prasad GLN
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