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karira

Exemption of CB-CID from RIA: court orders notice

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karira

The Madras High Court has ordered notices on a writ appeal against a single judge order directing the Public Department to clarify a Government Order that exempts the CB-CID from the purview of the Right to Information Act. A Division Bench of Justice P.K. Misra and Justice K.K. Sasidharan ordered notices to the Tamil Nadu Information Commission, the Chennai City Commissioner of Police and the CB-CID Superintendent of Police, returnable in four weeks.

 

Vishwanath Swami sought a directive to the authorities to ensure compliance with the Act, besides action against the persons who denied him certain information under the Act. He was a party-in-person “trying to expose” Kalki Bhagawan and his activities.

 

He said the single judge order left him at the mercy of the Information Commission, which was reluctant to ensure that its own directives to the authorities were complied with. Besides the details of the investigation carried out by the police, Mr. Swami sought to know whether any departmental action was taken against the investigating officer and other officials named in his complaint.

 

The Hindu : Tamil Nadu / Chennai News : Exemption of CB-CID from RIA: court orders notice

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sidmis

Citizens can seek info from CID on graft, rights issues

as reported BY Rahul Mangaonkar, 29 Aug 2008,TNN

 

AHMEDABAD: A debate at the Gujarat Information Commission (GIC) whether the CID qualifies to be listed in the category of organizations exempt from the obligations of the Right to Information (RTI) Act, has taken an interesting turn.

 

The state general administration department (GAD) has clarified that citizens have a right to seek information from not just the CID but also the state intelligence bureau, local intelligence bureau (LIB) and other such organizations . This though being limited to information pertaining to allegations of human rights violations and corruption as per the provisions of RTI.

 

The state home department had issued a notification dated October 25, 2005 listing organizations including CID in the exempt category. Section 24(4) of RTI states that its provisions shall not apply to 'intelligence and security ' organizations as notified by the state government.

 

GAD had asked the home department to take necessary action in light of the instructions received from the department of personnel and training (DoPT) of the Union ministry of personnel, public grievances and pensions. DoPT had on November 14 last year written to all state governments to designate public information officers (PIO's ) and appellate authorities in exempt organizations.

 

The DoPT letter states that since the RTI does not exempt these organizations from its purview in respect of allegations of corruption and human rights violation, thus the citizens have a right though limited to seek information from these organizations . Acting on the DoPT letter, state GAD had written to the home department on May 17 this year.

 

This was revealed in a reply sent by GAD to activist Mahesh Pandya of NGO Paryavaran Mitra this month following Gujarat High Court's order to the state government to decide on Pandya's representation seeking action on implementation of provisions of RTI.

 

GAD has also now revealed that its controversial circular dated November 11, 2005 which stated that file notings do not fall under the definition of information and are not to be given under RTI has been cancelled. The circular was cancelled through notification dated July 22 which also lists the do's and don'ts for the PIOs.

 

Exempted intelligence and security organizations

State Intelligence Bureau Criminal Investigation Department Anti Terrorist Squad Commando Unit Border Wing Home Guards State Reserve Police Force Local Intelligence Branch. (LIB) Local Crime Branch. (LCB.) Special branches of CP Detection of Crime Branch (DCB) Prevention of Crime Branch (PCB) Special branches of Home department Forensic Science Laboratory (FSL)

 

'Citizens can seek info from CID on graft, rights issues' -Ahmedabad-Cities-The Times of India

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  • Similar Content

    • crusader
      By crusader
      I want to know that I have got information from Nagar nigam, Can I use it as an evidence in the court of law? What are the provisions related to that?
    • Shrawan
      By Shrawan
      Central Information Commission


       
       

      Decision No.292/IC(A)/2006
      F. No.CIC/MA/A/2006/00588


       

      Dated, the 21st September, 2006


       
       

      Name of the Appellant : Sh. Sharabh Dubey, 11/7 Civil Lines, Kanpur –208 001. (U.P.)
      Name of the Public Authority: The British India Corporation Limited, 14/136 Civil Lines, P.B. 77, Kanpur-208 001.
      DECISION
       
      Facts of the Case:
       

      The appellant is an employee of the respondent. He was transferred to another Unit of the company. The office order was challenged by him in the Court, which adjudicated on the matter. Subsequently, he has filed a few more petitions on service related matters in the Court. In this backdrop, he has sought documents relating to the legal opinion obtained by the respondent, file notings by the senior officials on the issue of transfer, letters/correspondence with other officials, etc.
      The CPIO has denied the information and sought exemption u/s 8(1)(d) & (g) of the Act.
      The case was heard on 12.9.06. The appellant could not be present. The CPIO and the appellate authority were present. In the course of hearing, the CPIO showed a copy of the petition filed by the appellant in the Court, whic hcontained almost all the documents asked for by him. The CPIO contended that the documents asked for by the appellant relate to the various petitions filed by him in the Court. He, therefore, pleaded that the disclosure of the documents might adversely affect the disputed cases. Hence, the relevant documents are treated as confidential.
       
      Commission’s Decision:
       

      There is a dispute between the appellant and the company on service matters, including transfer of the appellant to another unit. The matter is pending before the Court for adjudication. There is every possibility that the appellant would get opportunity for his effective defense. The information sought is in the interest of the seeker. And, as such, there is no overriding public interest, u/s 8(1)(j) of the Act, for disclosure of the information.
      The appeal is therefore dismissed.
       

      Sd/-
      (Prof. M.M. Ansari)
      Information Commissioner


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