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  1. As per Section 5(3), the proviso to section 6(1), section 7(4) the designated authorities, INCLUDING INFORMATION COMMISSIONERS, are required to assist the information seeker. The commission is। is also required to provide this assistance to appellant as per Para 10 of its judgement in WP(C)-7295 OF 2017 is under a statutory obligation to provide all reasonable assistance to the information seeker. Even a layman or an illiterate person may seek information as he has the constitutional right under article 19(1)(a) of the constitution of India as well as under RTI ACT. This is a very formidable tool to deal with the defying information Commissions across the country. IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 7295 of 2017 PARA 10. The provision of Section 6(1) specifically provides that the Public Information Officer has to render all possible assistance to the information seeker. The intention of the legislature is quite clear in this regard. Though in Section6, the word “Central Public Information Officer “or the “State Public Information Officer “has been used, however, the same is applicable to the appellate authorities also as it is a settled law that an appeal is the continuation of the original proceeding. Thus, the State Information Commission being the second appellate authority is under statutory obligation to provide all reasonable assistance to the information seeker. Even a lay man or an illiterate person may seek information as he has the constitutional right under Article 19(1)(a)of the Constitution of India as well as the statutory right under the Act, 2005 and if a person who seeks information under the Act, 2005is debarred from appearing in-person before the statutory authorities, the same will defeat the very purpose of the legislation. Debarring - Jharkahnd HC - Debarring information seeker illegal.pdf
  2. Version

    2 downloads

    Find here the original Supreme court judgement on Aadhaar. (1) The requirement under Aadhaar Act to give one's demographic and biometric information does not violate fundamental right of privacy. (2) The provisions of Aadhaar Act requiring demographic and biometric information from a resident for Aadhaar Number pass three­fold test as laid down in Puttaswamy (supra) case, hence cannot be said to be unconstitutional. (3) Collection of data, its storage and use does not violate fundamental Right of Privacy. (4) Aadhaar Act does not create an architecture for pervasive surveillance. (5) Aadhaar Act and Regulations provides protection and safety of the data received from individuals. (6) Section 7 of the Aadhaar is constitutional. The provision does not deserve to be struck down on account of denial in some cases of right to claim on account of failure of authentication. (7) The State while enlivening right to food, right to shelter etc. envisaged under Article 21 cannot encroach upon the right of privacy of beneficiaries nor former can be given precedence over the latter. (8) Provisions of Section 29 is constitutional and does not deserves to be struck down. (9) Section 33 cannot be said to be unconstitutional as it provides for the use of Aadhaar data base for police investigation nor it can be said to violate protection granted under Article 20(3). (10) Section 47 of the Aadhaar Act cannot be held to be unconstitutional on the ground that it does not allow an individual who finds that there is a violation of Aadhaar Act to initiate any criminal process. (11) Section 57, to the extent, which permits use of Aadhaar by the State or any body corporate or person, in pursuant to any contract to this effect is unconstitutional and void. Thus, the last phrase in main provision of Section 57, i.e. “or any contract to this effect” is struck down. (12) Section 59 has validated all actions taken by the Central Government under the notifications dated 28.01.2009 and 12.09.2009 and all actions shall be deemed to have been taken under the Aadhaar Act. (13) Parental consent for providing biometric information under Regulation 3 & demographic information under Regulation 4 has to be read for enrolment of children between 5 to 18 years to uphold the constitutionality of Regulations 3 & 4 of Aadhaar (Enrolment and Update) Regulations, 2016. (14) Rule 9 as amended by PMLA (Second Amendment) Rules, 2017 is not unconstitutional and does not violate Articles 14, 19(1)(g), 21 & 300A of the Constitution and Sections 3, 7 & 51 of the Aadhaar Act. Further Rule 9 as amended is not ultra vires to PMLA Act, 2002. (15) Circular dated 23.03.2017 being unconstitutional is set aside. (16) Aadhaar Act has been rightly passed as Money Bill. The decision of Speaker certifying the Aadhaar Bill, 2016 as Money Bill is not immuned from Judicial Review. (17) Section 139­AA does not breach fundamental Right of Privacy as per Privacy Judgment in Puttaswamy case. (18) The Aadhaar Act does not violate the interim orders passed in Writ Petition (C) No. 494 of 2012 and other Writ Petitions.
  3. A meeting was convened to discuss the mis-interpretation of the RTI act due to precedence setting judgments made by the Supreme Court. Several prominent RTI activists were present for this meeting. For more information visit website : http://foundation.moneylife.in/
  4. A meeting was convened to discuss the mis-interpretation of the RTI act due to precedence setting judgments made by the Supreme Court. Several prominent RTI activists were present for this meeting. For more information visit website : http://foundation.moneylife.in/ View full record
  5. I had seen one post some time back that the judgements of Supreme Court of India is law by vsprajan. Can any of our Hon'ble members give the link to that post or the siad judgement.
  6. BiswasBiplaw

    Judgement

    Hello Please provide any judgement on 'burden of proof entirely on PA.'
  7. M NARASIMHAN

    Judgement copy

    Hello, CASE WON IN OUR FAVOUR DURING THE YEAR 1965 TO 1977 IN CHENNAI BUT COPY MISPLACED WRT TO IMMOVABLE PROPERTY. HOW DO I GET AND FROM WHOM AND HOW TO APPROACH. ALSO I DO HAVE THE PROPERTY DESCRIPTION, SURVEY NUMBER, PLOT NUMBER AND STREET NAME, DISTRICT ETC
  8. Hello, A few of my First Appeals in a department have been disposed because I wasn't present during the appeal proceedings. The appealate authority said appellant not present and is not interested to persue the matter, so appeal is disposed in accordance to General Administration Department's circular. On persuing the matter I found that the state General Administration Department, nodal department for RTI related matter has issued. Guideline type circular for In which it is stated that appellant should be compulsarily called for first appeal hearing and provided legal help if necessary. I would be filing a second appeal with the State Information Commission but I don't think it would set aside the PIO's order easily given its past track record? Beside section 19(5) what should I add to my grounds of appeal? Is there any court judgement in the matter? Requesting learned members help in the matter.
  9. karira has just uploaded Penalty on PIO quashed because no. of queries were too long! In a judgement dated 20 Feb 2014, the Delhi HC has quashed the penalty imposed on the PIO because the number of queries
  10. karira has just uploaded Penalty on PIO quashed because no. of queries were too long! In a judgement dated 20 Feb 2014, the Delhi HC has quashed the penalty imposed on the PIO because the number of queries
  11. From an email received from Mr Venkatesh Nayak: Dear all, The Government of India has published in the Official Gazette the Terms of Reference (ToR) of the Special Investigation Team it has set up to investigate the issue of black money stashed abroad by Indians (2nd attachment). The setting up of the SIT amounts to a welcome reversal of previous government policy on this subject. The previous Government had opposed this direction despite a clear order from the Supreme Court in 2011. The SIT will be headed by Justice (Retd.) M B Shah with Justice Arijit Pasayat as Vice-Chair. The rest of the members are the same ex officio senior bureaucrats who were part of the High Level Committee set up by the previous Government to look into the cases of persons who were said to have stashed away money in foreign banks abroad. The Joint Secy. (Revenue) has been added to this list as Member Secretary of the SIT. This SIT is an outcome of the directions of the Hon'ble Supreme Court of India in the matter of Ram Jethmalani and Ors. vs Union of India and Ors., (2011) 8 SCC 1- judgement delivered in July 2011. It is also interesting to note that with the exception of the retired judges and bureaucrats of the Finance Ministry, all other members are representatives of organisations notified under the Second Schedule of the Right to Information Act, 2005 (RTI Act) which are not required to furnish any information other than that pertaining to allegations of corruption or violation of human rights.However, in my opinion, as the SIT has been set up by a notification of the Central Government and as it will be wholly financed by the same Government, it will be a public authority under the RTI Act. Terms of Reference seemingly omit an important Court direction: While going through the ToR, I found that a crucial direction given by the Supreme Court in July 2011 is missing form the Gazette notification published by the Central Government. On page 66 of its judgement the Apex Court had ordered two more things to be done by the SIT in addition to what it said on pages 38-42 (1st attachment): 1) that the SIT must take over the investigation of individuals with bank accounts in Liechtenstein as disclosed by Germany to India and expeditiously conduct the same; and 2) SIT should review concluded matters also to assess whether investigations have been thoroughly and properly conducted or not and if they conclude that there is scope for further investigation they should proceed further. On 01 May this year the Central Government had said that investigations had been concluded against 18 of the 26 individuals that had bank accounts in Liechtenstein. These names were received from Germany and investigation had concluded in 17 cases. No evidence was found against 8 individuals and the investigation had been concluded against them. You will find this information in the daily order of the Apex Court at: http://judis.nic.in/temp/17620093152014p.txt So technically the ToR should have included reopening of these cases also to assess whether everything was properly done and if there is any need to proceed further. The current ToR published in the Gazette do not explicitly refer to these two directions. However I hope the SIT in its wisdom will interpret its mandate broadly to cover these directions as well and make up for what probably is an omission due to oversight. Importance of this case to RTI Readers who have gone through the Supreme Court's judgement and those who may like to read it now, will notice that this appeal case arose from an RTI application made by the Petitioners to disclose the names of the bank accountholders that Germany handed over to the Central Government. The previous Government adamantly refused to follow the directions of the Court to hand over to the Petitioners the names of individuals against whom investigations had been completed wholly or partially. Last month the Government handed over two sealed envelopes containing the names of the accountholders to the Court. The Court again directed that the names be handed over to the Petitioners. These names have not been made public by the Government, officially, till date. There is no reference to this direction in the ToR of the SIT either. The NDA Government could change policy in this regard as well and publicise the names contained in the sealed envelopes, as it would only be dutifully following the directions of the Court. Such a step would demonstrate the NDA Government's commitment to transparency as a real one going beyond mere public relations exercises. This case is also of great use for all RTI users and activists who receive rejection orders from Public Information Officers (PIOs) and First Appellate Authorities on the ground that contracts with private parties contain confidentiality clauses and cannot be disclosed under the RTI Act. In this case also the Government of India, under the United Progressive Alliance, refused to make the names of the accountholders public saying that Germany had handed over their names to Indian authorities under a tax agreement that contains a 'confidentiality' clause. The Apex Court examined the relevant clause of the treaty and came to the following conclusion: 1) that the tax agreement did not prohibit disclosure of information provided by one signatory to another if it was required in a judicial proceeding; and 2) that confidentiality clauses contained in international treaties and agreements are not to be interpreted as set in stone. Instead they must be tested against the concept and practice of the rule of law guaranteed by the Indian Constitution and most importantly the right to freedom of speech and expression guaranteed under Article 19(1) and the right to seek redress for violation of fundamental rights guaranteed under Article 32 of the Constitution. The confidentiality clause would be tolerated only if it matched any of the grounds mentioned in Article 19(2) for imposing reasonable restrictions on the citizens' right to freedom of speech and expression. As RTI is a deemed fundamental right under Article 19(1)(a), it can also be restricted only on grounds mentioned in Article 19(2) and the RTI Act but no other ground would be valid. Readers will recognise that the Indian Government signs bilateral or multilateral treaties and agreements in exercise of its sovereign functions. When confidentiality clauses contained in such agreements are subject to the fundamental right to free speech and expression and consequently RTI, confidentilaity clauses contained in commercial agreements with private parties that public authorities enter into during the routine course of government business must also be interpreted along the same lines. The mere existence of a 'confidentiality' clause in a contract with one or more private parties is not enough to reject a request for copies of the contract under the RTI Act. This is a landmark interpretation of the Apex Court and if applied in letter and spirit can open up to public scrutiny a whole range of contracts and agreements that the Government signs with private parties. Public-Private Partnership (PPPs) agreements would have to meet this test before the public authority concerned can refuse access to such agreements. I hope readers will watch with great interest how transparently the SIT will be functioning in the days to come. Kindly circulate this email widely. Thanks RamJethmalni-v-UnionofIndia-SCI-Jul11.pdf BlackMoney-SIT-ToR-May14.pdf
  12. [h=5]Kolkata High Court - WP.33290/2013 (PIL.) AVISHEK GOENKA VS CENTRAL HOME MINISTRY & CENTRAL MINISTRY OF PERSONNEL ... THE FOLLOWING JUDGEMENT HAS BEEN PASSED, ON (20/11/13) BY THE CHIEF JUSTICE HEADED BENCH - "It will not be mandatory for RTI. applicants, to disclose their - NAME & COMPLETE POSTAL ADDRESS & only - POSTAL BOX reference can be extended" !! PETITION DETAILS ARE AVAILABLE IN THE FOLLOWING LINK -SAVE AAM ADMI[/h]
  13. On the basis of the replies received under the provisions of theRight to Information Act, 2005, the supreme court has decided that "it is averred that these authoritiesare of the unanimous opinion that black films should bebanned. Black filmed glasses help in commission of crime aswell as hiding the criminals even during vehicle checks at‘Naka’ points." Use of films or any other material upon the windscreen or the side windows is impermissible in law w.e.f 4th May, 2012. The hon'ble supreme court stated "we prohibit the use of black films of any VLT percentage or any other material upon the safety glasses, windscreens (front and rear) and side glasses of all vehicles throughout the country." The court passed the order on a plea seeking complete ban on use of dark films on car windows, including the vehicles used by VVIPs, alleging that many crimes in cities were committed by people using such cars with tinted windows. The petitioner, Avishek Goenka, had contended that he had 25 RTI query replies from various police stations to back his claim that many crimes, including sexual assault on women, were committed by offenders who used cars with tinted glasses to evade public gaze and conceal their identity. Another adverse aspect of use of black films is that even if they reflect tolerable VLT in the day time, still in the night it would clearly violate the prescribed VLT limit and would result in poor visibility, which again would be impermissible. We have created a detailed article on this issue along with the attached supreme court decision at our sister portal bighelpers.org here http://www.bighelpers.org/content/what-ban-dark-film-glassess-can-t-i-have-dark-film-permissible-limits-128/ Please join us in the discussion at our facebook page here: https://www.facebook.com/rtiindia.org Thank You.
  14. Personal information of govt employee can be disclosed if State Public Information Officer or appellate authority is satisfied that larger public interest justifies disclosure of such information, We are in agreement with the CIC and the courts below that the details called for by the petitioner i.e. copies of all memos issued to the third respondent, show-cause notices and orders of censure/punishment, etc. are qualified to be personal information as defined in clause (j) of Section 8(1) of the RTI Act. The performance of an employee/officer in an organisation is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression “personal information”, the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which would cause unwarranted invasion of privacy of that individual. Of course, in a given case, if the Central Public Information Officer or the State Public Information Officer or the appellate authority is satisfied that the larger public interest justifies the disclosure of such information, appropriate orders could be passed but the petitioner cannot claim those details as a matter of right. Supreme Court of India R.K.Jain vs Union Of India & Anr on 16 April, 2013 Law Web: Personal information of govt employee can be disclosed if State Public Information Officer or appellate authority is satisfied that larger public interest justifies disclosure of such information,
  15. Personal Information Of Government Servant relating to public duties can be assessed under RTI Act. Take a look at judgement here : Source: http://www.lawweb.in/2012/02/asset-details-of-govt-servant-can-be.html
  16. Information available in government files about employee against whom disciplinary proceedings are held should be disclosed to that employee and can be denied to 3rd party Union Of India vs R.S. Khan on 7 October, 2010 Take a Look At Judgement here : Click Here
  17. Bombay high court judgement on third party information (as attachment) procedure to be followed Third Party Information under RTI act cannot be given without hearing 3rd party Third Party Information under RTI act cannot be given without hearing 3rd party.PDF
  18. Striking a blow for transparency and accountability in government, the Gauhati High Court, Imphal bench today dismissed petitions filed by the state government challenging directives of the State Information Commission asking the government to make public information relating to various judicial and magisterial inquiries conducted since the start of insurgency in the state. A single bench of the High Court, comprising of Justice BD Agarwal, ruling on two separate petitions filed by chief secretary Jarnail Singh and the joint secretary home, Th Chittaranjan Singh, has also directed the government authorities to furnish the information sought to the applicant through the state information commission within the stipulated time. Briefing mediapersons in this connection, Wahengbam Joykumar, research and programme associate of the Centre for Organisation Research and Education, CORE, said he had filed a request under the Right to Information Act in February this year to the state information officer, home department, seeking detailed information relating to inquiries conducted under the Commission of Inquiry Act, 1952 from 1980 to 2006 in Manipur. Another request was filed in May, seeking furnishing of information relating to magisterial inquiries conducted from 1980 till March 2007. In both cases, the state information officer, home department, namely Th Chittaranjan Singh, joint secretary, home, failed to furnish the requested information, as a consequence of which Joykumar filed complaints with the Chief Information Commissioner, Manipur, RK Angousana. Ruling in connection with the first application, the CIC, Manipur, in the month of March directed the SPIO, home department, to furnish the information sought, viz. total number of inquiries conducted under the Commission of Inquiry Act since 1980, with their detailed particulars, total number of inquiry reports submitted to the government of Manipur, the copies of inquiry reports so submitted, as well as memoranda of action taken which had been laid before the appropriate legislature and discussed and approved and for which final action is over, to Joykumar within a period of 15 days. Instead of complying, the state authorities piled a petition before the Gauhati High Court, Imphal bench, being WP© case no. 478 of 2007 challenging the decision of the state chief information commission. Joykumar also disclosed that in connection with his second application, filed on May 19, 2007 seeking information relating magisterial inquiries conducted in the state since the year 1980 till March 2007, the CIC, Manipur had in August directed the SPIO to furnish the required information within the stipulated time, but the SPIO filed another case before the Guahati High Court challenging this under WP © case no 733 of 2007. In final hearings on these two petitions today, the Gauhati High Court, Imphal bench, dismissed both petitions filed by the state government and ruled in favour of the respondents, he informed. Joykumar further observed that the reluctance of the government to furnish the information he request, to the extent of approaching the High Court over it, indicated the open violation of right to information of the state government, and its preference for non-transparency and non-accountability. He also said the general public should not hesitate to seek information from the state government by using the RTI Act for bringing a transparent and accountable administration. The Imphal Free Press IMPHAL, Nov 16: HC judgement upholds SIC directive :: KanglaOnline
  19. Hey friends, Does any one know of any judgement of CIC where a company or 3rd party who was asked to whether a authority can provide an info to an applicant and an order is passed by the authority against the 3rd party. The said party has challenged the order of Appellate authority, for with helding information not to be provided by an Appellate authority to any Applicant which is very confidential and private in nature under 8(1) (d) & (J). I want judgement in favour of company or 3rd party by the CIC or SIC, restricting the Authority to part away with any info called by the applicant as per the order passed by the Authority of providing the same to the Applicant. Plz do help me and if possible send me the link for the said judgement. I would be thankfull if something related to above is also provided to me. Plz Help
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