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    Information from Exempted Organisations possible


    rtiindia

    exempted organisation under RTICentral Information Commission taking recourse to the Delhi High Court Judgement, Union Of India And Ors vs Adarsh Sharma of 9 October, 2013 directed Information from Exempted Organisations to be given 'to an extent possible'.

     

    This was decided even though the Exempted organisation submitted that information was denied as per Section 24(1) of the RTI Act, were-in CRPF is exempted from the purview of the RTI Act, except when the information pertains to allegations of corruption and human rights violations.  

    Information from Exempted Organisations

    Central Information Commission quoted the High Court Judgement as follows:

    However,  the High Court of Delhi in W.P. © 7453/2011 dated 09.10.2013 (Union of Indian vs Adarsh Sharma) had held that:­

     

    “5. …….if an information of the nature sought by the respondent is easily available with the Intelligence Bureau, the agency would be well­advised in assisting a citizen, by providing such an information, despite the fact that it cannot be accessed as a matter   of   right   under   the   provisions   of   Right   to   Information   Act………. …………………………

     

    It is again made clear that information of this nature cannot be sought as a matter of right and it would be well within the discretion of the Intelligence Bureau whether  to supply such information or not……...”

    The decision of the CIC can be read here! You can also read various Supreme Court and High Court Judgements at our wiki here http://www.righttoinformation.wiki.

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    Securing information from those Public Authorities under RTI Act has become a difficult task (Number of appeals piled on CIC), if it is voluntary, one can expect the response of exempted organisations. Even before RTI Act, there is no specific bar on writing letters and seeking information, and those willing used to respond. Every thing depends on attitude of Public Authority. On one side Act says what information is available to Parliament, citizen is also entitled to that information and exempted some organisations though that part of national security is desirable.

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    THE CIC DECISION IS CENT PERCENT CORRECTR AMD IT IS JUSTIFIABLE TO THE COMMON MAN.

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    Likewise any pvt. school/ college/ institution receiving any amount as subsidy to reduce fee/ charges or land at subsidized cost, may be asked & challenged if needed.

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