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Need clarification on the section 7(1) under the life and liberty


kikirthi
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Dear all!,

Yesterday morning my friends house comes in the newly declared national highway, on 7.30 a.m city municipal council authority had with out public notice had demolished the compound, my protest went in vein, police had interviewed in the matter and they were able to demolish the compound, immediately i applied under the rti for the details under the section 7(1) accordingly they have to give the information within 48 hrs.

Kindly explain the section and details for the first appeal. Thanks, Vijai kirthi

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After 91 posts, you are asking for section on First appeal (sec.19) and still have a hope in RTI. My dear friend RTI is not a solution, it is a way to destination. Approach to Court with the help of a honest advocate and that is National High way in such matters.

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Sir,

With due respects to your comment, i just put across the situation in which i applied and used rti as tool, my question was i need to know more on the life and liberty of the relevant section of the rti act.

As all know the pio i.e. AEE will not give the information i assume, my next move will abously to approach the FAA. Then, i need to learn more about the relevent sec. Of the act, for my further stand to approach SIC in Karnataka.

 

Very sorry for the very less informative query, my intention was not hurt your feelings, i always respect all members sentiments and the time you people devote for the community work. I respect you a lot sir!. Thanks, vijai kirthi

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  • Super Moderator

Vijay achieved many success through RTI. He is instrumental to help his whole villagers in getting right compensation for their land acquired with the help of RTI.

 

You may file First Appeal 48 hrs after filing RTI Application with PIO if no information is supplied or not satisfied with the decision of the PIO. You may specifically mention that the appeal is preferred for deemed denial under the Life or Liberty clause and pray to decide the appeal immediately.

 

The life or liberty provision can be applied in cases where there is an imminent danger to the life and liberty of a person and non-supply of information may either lead to death or grievous injury to concerned person. Liberty of a person is threatened if she or he is going to be incarcerated or has already been incarcerated and disclosure of the information may change that situation. If disclosure of information would obviate the danger, then it may be considered under the proviso of Section 7(1). The imminent danger has to be demonstrably proven. When a citizen exercises his or her fundamental right to information, the information disclosed may assist him or her to lead a better life. But in all such cases, proviso of Section 7(1) cannot be invoked unless imminent danger to life and liberty can be proven.

 

Also please go through the discussion on Life Or liberty in this thread:

 

http://www.rtiindia.org/forum/1584-right-life-liberty-clause.html

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Hello!

 

Cheers!

Many thanks for the guidence and support given to me, that's why i seek support from this platform.

Definitely i will update the developments, yesterday there was public holiday for sankranthi, By and large this is to help for the community. Thanks, Vijai kirthi

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you have to wait for the decision/ indecision of the FAA and then only you can go for second appeal in my opinion as per the elaborative comments and also highlighting life and liberty clause by Raveena ji, your case will not come under this clause. as no life danger is involved.

you can also explore giving legal notice to the land aquisition officer for encroaching and demolishing your compund wall without notice/ consent/payment of comphensation.

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"NAMASTE"

Yes respected member, my case will come under liberty issue, giving notice to the land acquisition officer is the legal remedy, i'm searching in the rti route and to help other members who are in the same situation.

My requirement is to know when to apply for the second appeal, is there any time frame to reply from the FAA. Eager ti know the procedure. Thanks

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Appellate Authority has normal time of 30 or 45 days to decide the FA, even in case involving Life or Liberty. Consequently, time limit for SA is also normal i.e. 90 days after FAA decision or 120 days after submission of FA in case of no reply.

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1. There is no wrong if a person who made 95 posts and still raises fundamental question or doubt.

 

2. Those who are in need, needs to be addressed and redressed. Yours is a serious issue. It is difficult to imagine such a nightmare. I express solidarity with your probably frightened family.

 

3. The best option on hand and an immediate remedy is to move the High Court under Writ jurisdiction. No notice, consent or compensation feasible at this stage. One has to immediately get a stay/injunction. Need to take pictures of damage to property and use them as documents for writ.

 

4. RTI application made using provisio under sub-section 1 of Section 7 and the first appeal constitute wonderful documents making out prima facie case of infringement of fundamental rights, an essential ground for an interim order of stay/injunction under writ jurisdiction.

 

5. You are right in invoking provisio under sub-section 1 of Section 7 for seeking info in 48 hours. The right to liberty guaranteed under Article 21 of the constitution includes right to shelter and right to livelihood. If one's house is bulldozed, it is understandable to any reasonable minded person that the life of inhabitants in that residential property is threatened as well. In your case both right to shelter and right to livelihood are threatened and therefore article 21 is infringed and hence a fit case for invoking provisio under sub-section 1 of Section 7.

 

6. To me you are going in right direction. But you need to go in adequate directions as well - prefer a writ immediately engaging an honest lawyer. You must find one first. Little time left, I feel.

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The issue is Mr.Vijai is not an affected party but a good social worker and a good samaritan and has to depend on consent of affected party and can not take independent decision. I have got my own reservations on L&L clause as Mr.Vijai has filed RTI for some one else and not on his own.

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Still the affected person can make use of that RTI documents done by vijay for his/her writ. The deemed refusal constitutes prima facie case of arbitrariness and lack of fair play by the concerned Department. The department that has to object such RTI Application should have at least objected. It is callousness of the authorities to go on rampage on private residential premises without notice and also keep silent to RTI. Therefore, the writ petitioner, the affected person, can still use the RTI documents done by vijay as evidence for his/her writ. May be the affected person is either illiterate or ill informed on RTI. There is no such bar for writ, which is the immediate recourse for remedy.

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Mr.Vijay knows all this better than all others. But as informed, co-operation of affected party is a must. Unfortunately most citizens of old generation do not like clashes with authorities and always proceeding in pleading them for mercy. This is the very problem that knowing well that we can handle a case properly at the end of the issue, appellants withdraw just from a phone call from any Govt. Authority, that makes all efforts till then a wasteful exercise, remember personal relations also matters in these issues. This is not to specific to Mr.Vijay case as I do not know the particular case and I am speaking of general tendency why some cases are not going till logical ends.

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"PRAISE THE LORD" i have got the support from all the members, respect you a lot, i will move with the second appeal as per ravena ji's advice, it is now sure i have to wait for the n normal 120 days this will be difficult for me, anyway this issue will help other community members also, my sole intention is to help my friend and to learn from this issue, thanks for the kind support

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Learned Mr. Kikirthi sir,

 

it is now sure i have to wait for the n normal 120 days this will be difficult for me,

 

I invite your attention to Learned Ms. Raveena Madam post at #10 which I reproduce below:

 

Consequently, time limit for SA is also normal i.e. 90 days after FAA decision or 120 days after submission of FA in case of no reply.

 

The 120 days is upper limit and you do not have to wait for 120 days but only 30/45 days. Kindly see the difference between can do TO Till do (30/45 days to 90/120 days).

 

And to tell you the time tested method of undersigned in which I filed applications under life or liberty seeking information within 48 hours and after 48 hours on non receipt of information filed First appeal and after 48 hours of first appeal filed second appeal.

And believe me I got the famous order of jail inmates information to be put on web-site from SIC, Haryana with three 2 months of filing RTI Application under life or liberty clause. The information sought was of jail inmates who had completed half of their maximum possible sentence under the section they have been charged. Mind you, this information was about jail inmates in Haryana and touch wood none of them was undersigned relative or friend. This information was strictly third party.

 

And the caveat is that above method is not as per rules which learned madam has rightfully explained to you. So, sometimes, this way also things happen. You may try your luck with no guarantee of results.

 

thanks for your time Sir,

 

harinder dhingra

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Thank you mr. Harinder, well you have shared the experience, it is like a citation to me and the raveena madam ji' s suggestion is always worth remembering, she helps me in my critical time, i always salute the blog. HAPPY INDEPENDENCE DAY to all fellow members. Thank you very much

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Learned Mr kikirthi sir,

Thank you and wishes on our Republic day.

May God gives you healthy life so that you keep working for commoners like undersigned.

 

Hd

 

 

Sent from RTI INDIA Mobile App

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Learned Mr. Kikirthi Sir,

 

"NAMASTE" to all, sorry for the misquoting of the wishes,

HAPPY REPUBLIC DAY TO ALL, thanks a lot for the encouraging and inspiration message.

 

Do keep us posted about developments Sir,

 

hd

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