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About bhandaridilip

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  • Birthday 11/10/1969

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  1. Right to information – a fundamental right ?

    This article has come in a journal written by Mr. M. GOVINDARAJAN, which is thought to be shared among us.
  2. Friends i have come accross a wonderful article "RIGHT TO INFORMATION – A FUNDAMENTAL RIGHT?" Section 2(j) of the Right to Information Act defines the terms ‘Right to information’ as the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to- • Inspection of work, documents, records; • Taking notes, extracts, or certified copies of documents or records; • Taking certified samples of material; • Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through print outs where such information is stored in a computer or in any other devise. Section 3 of the Act provides that subject to the provisions of this Act, all citizens shall have the right to information. It is to be discussed in this article whether such right is a fundamental right to the citizens. The concept of active liberty, which is structured on free speech means sharing of a nation’s sovereign authority among its people. Sovereignty involves the legitimacy of a governmental action. Sharing of sovereign authority suggests intimate correlation between the functioning of the Government and common man’s knowledge of such functioning. On the emerging concept of an ‘open government’ the Constitution Bench of Supreme Court in ‘State of UP V. Raj Narain’ – AIR 1975 SC 865 held that the people of this country have a right to know every public act, everything, that is done in a public way, by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearing. The right to know, which is derived from the concept of freedom of speech, though not absolute, is a factor which should made on wary, when secrecy is claimed for transactions which can, at any rate, have no repercussion on public authority. To cover with veil of secrecy, the common routine business is not in the interest of the public. Such secrecy can seldom be legitimately desired. In ‘S.P Gupta V. President of India’ –AIR 1982 SC 149 the Supreme Court Constitution Bench held that the concept of an open government is the direct emanation from the right to know which seems to be implicit in the right of free speech and expression guaranteed under Article 19(1)(a). Therefore disclosure of information in regard to the functioning of Government must be the rule and secrecy an exception justified only where the strictest requirement of public interest so demands. The approach of the court must be to attenuate the area of secrecy as must as possible consistently with the requirement of public interest, bearing in mind all the time that disclosure also serves an important aspect of public interest. From the above judgment it can be inferred that the right to information is basically founded on the right to know which is an intrinsic part of the fundamental right to free speech and expression guaranteed under Article 19(1)(a) of the Constitution. In ‘Reliance Petrochemicals Limited V. Properties of Indian Express Newspapers Bombay (P) Limited’ – (1988) 4 SCC 592 the Supreme Court held that the right to information is a fundamental right under Article 21 of the Constitution. It was further held that we must remember that the people at large have a right to know in order to able to take part in participatory development in the industrial life and democracy. Right to know is a basic right which citizens of a free country aspire in the broader horizon of the right to live in this age in our land under Article 21 of the Constitution. That right has reached new dimension and urgency. That right puts greater responsibility upon those who take upon themselves the responsibility to inform. In ‘Secretary, Ministry of Information and Broadcasting, Government of India V. Cricket Association of Bengal’ – (1995) 2 SCC 161, the Supreme Court held that right to acquire information and to disseminate it is an intrinsic component of freedom of speech and expression. In ‘People’s Union for Civil Liberties V. Union of India’ – (2004) 2 SCC 476 the Supreme Court held that right to information is a facet of the right to freedom of speech and expression as contained in Article 19(1)(a) of the Constitution of India. It was also held that right to information is definitely a fundamental right. In coming to the conclusion the Supreme Court traced the origin of the said right from the Universal Declaration of Human Rights, 1948 and also Article 19 of the International Covenant on Civil and similar enunciation or principle in the Declaration of European Convention for the Protection of Human Rights and found that the spirit of the Universal Declaration of 1948 is echoed in Article 19(1)(a) of the Constitution. The preamble to the Right to Information Act shows that the Act was enacted to promote transparency and accountability in the working of every public authority in order to strengthen the core constitutional values of a democratic public. It is thus clear that the Parliament enacted the said Act keeping in mind the rights of an informed citizenry in which transparency of information is vital in curbing corruption and making the Government and its instrumentalities accountable. It is to harmonize the conflicting interests of Government to preserve the confidentiality of sensitive information with the right to citizens to know the functioning of the governmental process in such a way as to preserve the paramountcy of the democratic ideal. The Supreme Court is also conscious that such a right is subject to reasonable restrictions under Article 19(2) of the Constitution. In ‘Dinesh Trivedi, M.P., V. Union of India’ – (1997) 4 SCC 306 it was held that sunlight is the best disinfectant. But it is equally important to be alive to the dangers that lie ahead. It is important to realize that undue popular pressure brought to bear on decision makers in Government can have frightening side effects. If every action taken by the political executive functionary is transformed into a public controversy and made subject to an enquiry to soothe popular sentiments, it will undoubtedly have a chilling effect on the independence of the decision who may find it safer not to take any decision. It will paralyze the entire system and bring it to a grinding halt. So we have two conflicting situation almost enigmatic and the Court thought the answer is to maintain a fine balance which would safe public interest.
  3. Compiled List - Successful Consumer Complaints in RTI Cases

    Hon’ble District Consumer Dispute Redressal Forums as under have ordered supply of information and compensation to applicants of RTI Act 2005: a. Decision dated 30.11.2011 of II Addl Bangalore in CC/1714/2011 b. Decision dated 19/05/2011 of Faridkot in CC/102/2011. c. Decision dated 09/11/2011 of Ludhiana in CC/ 662/2011. d. Decision dated 25/03/2011 of Tuticorin in CC/59/2010. e. Decision dated 29/04/2011of Vizianagaram in CC/ 116/2010 f, Decision dated 08/09/2011 of Mohali in CC/249/2011 g. Decision dated 28.05.2009 of IInd Addl. Bangalore in CC/162/2009. h.Decision dated 20/04/2010 of Mandi, H.P in CC/14/2009. i. Decision dated 21/05/2009 of Mumbai South in SMF/MUM/301/2009. j. Decision dated 24/05/2011 of Nizamabad in CC/41/2010 k. Decision dated 29/11/2011 of Pune in F/564/2010 l. Decision dated 07/01/2011 of Guntur in CC/204/2010 m. Decision dated 08/09/2011 of Mohali in CC/249/2011 n Decision dated 29/12/2011 of Salem in C.C. NO.54/2011 o. Decision dated 03/02/2011 of Tuticorin in CC/57/2010 p. Decision dated 24/08/2011 of Medak in CC/10/2011 q. Decision dated 02/12/2010 of Nagpur Addl in CC No. 140/ 2010 [order in Marathi] r Decision dated 27/12/2010 of Vizianagaram in CC/ 118/2010 s. Decision dated 21/01/2011of Vizianagaram in CC/ 124/2010 t. Decision dated 11/05/2011of Naupada in CC/ 08/2011 v, Decision dated 07/04/2011of Coimbatore in CC/ 399/2010 –com Rs.5000 + cost Rs.1000 [order is in Tamil ] All orders can be accessed at Computerization and Computer Networking of Consumer Forums in Country( Confonet)
  4. Compiled List - Successful Consumer Complaints in RTI Cases

    Congratulations ! for your successful winning. With this win you have opened a new door for the RTI Act from which on can go to The Consumer Forum.
  5. Thank your for providing an important and useful aspect of the law, which one may not have noticed by reading the act.
  6. Compiled List - Successful Consumer Complaints in RTI Cases

    Thanks for providing such valuable information. I was not aware that an RTI applicant can be treated as a consumer under the CPA
  7. Thanks to all of you, for having a very healthy debate of this issue. I have filed and FAA and not i am planning to file an complaing U/s 18 with SIC.
  8. I have filed and RTI application with the PIO but i have not received the information within the stipulated time and it is more than 50 days from the date of filing the application. I am planning to file and appeal before the FAA as i want the infomation. Can i also file an complaint with the SIC againt the PIO as he has not furnished the information within the mandatory period.
  9. Thank your Raveena for your valuable advice
  10. I had made an RTI application on 10.10.2011to Vasai-Virar Municipal Corporation and has affixed court fees stamp of Rs.10/= dated 2.2.2011. I received a reply stating that the court fees stamp affixed is invalid as it is valid only for 6 months from the date of issue. I had checked the Bombay Court fees act, their is no such validity period mentioned. Kindly guide me.
  11. introduction

    Hi Friends Its nice to be part of this family, I am trying to frame few RTI for the creating a better society at Vasai (E) Evershine city, Thane. I Would be glad if any friends could guide and help me. Dilip Bhandari

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