RTI Videos-How RTI is getting diluted by the use of Supreme Court judgements
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momita,
in RTI in Media
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By smbhappy
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
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By Priya De
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.
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Instances that involve disclosure of sensitive information, it may be rationale for the CPIO to ask for citizenship proof
Priya De posted a topic in RTI in Media,
Instances that involve disclosure of sensitive information, it may be rationale for the CPIO to ask for citizenship proof
Information Commissioner Divya Prakash Sinha held that seeking citizenship proof in case of demand of sensitive information is justified but seeking a signed copy of the application does not seem appropriate as the online portal does not mandate uploading of signatures.
Sinha was hearing the plea of an Odisha-based RTI applicant who had sought from the Army information regarding implementation of rules under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in all defence establishments.
The Army did not provide any information to the applicant, the CIC noted. Akhand approached the Commission with a complaint that the central public information officer (CPIO) of the Army has demanded a signed copy of his online RTI application as well as identity proof before providing him the records.
“In this regard, it may be noted that as far as CPIO’s request for citizenship proof is concerned, the same is not questioned as Commission in its prior decision(s) has held the view that Armed Forces stand on a slightly different footing as there may be instances that involve disclosure of sensitive information, and for such reasons it may be rationale for the CPIO to ask for citizenship proof,” Sinha noted.
Originally posted here!
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CIC rules positively on stale masked FII data release
murgie posted a topic in Post your RTI Success here,
Some of you -- at least CJ Karira, who helped me years ago in one crucial step, getting SEBI to acknowledge its own circular! -- know of a 15-year quest among desi academics to get SEBI to release its stale masked FII data for academic research. At one point years ago a parliamentary query by Shyam Benegal, then Rajya Sabha MP, sought the release of this data for academic research. He then made a subsequent RTI query asking what had done about his complaint about the terrible answer he got to his parliamentary question. We thought we had succeeded when in response to that SEBI did put in public domain that FII data and promised to update. And to their credit, they did update it from time to time, even if a bit fitfully. But thanks to a question by a curious IIT-Madras undergrad, we realized that what SEBI gave with one hand they took away with another. While the idea was that the FII IDs would be masked to preserve privacy, without telling anyone, SEBI changed the masks each month, drastically reducing the value for academic research (since you can't even tell how many distinct FIIs are there in the data base, and whether anyone traded over time). It also caused mistakes in academic research since no one imagined that SEBI would use changing masks, when no other regulator or exchange on the planet does so.
To get SEBI to finally agree to not hide by changing masks, but to keep a stable mask, has taken many years. But at least per the ruling received yesterday, it has been achieved, with no violence to anyone. I attach the ruling. I can also post the various submissions made at the Second Appeal hearing if there is any interest (need to scrub email-IDs, per the policy of this site).
Addendum_To_CIC_2nd_appeal_28th_February_2020.pdfThis RTI site, in particular Karira-ji, has been very helpful to me in the course of this long episode thru countless RTI queries. And I am grateful for that from the bottom of my heart. I am confident we will see quite a few PhD dissertations using this database within the next few years.
Addendum_To_CIC_2nd_appeal_28th_February_2020.pdf
Second_Addendum_w_Appendices_29th_Feb_2020.pdf
CIC-SEBIH-A-2017-139953-BJ.pdf
Third_Addendum to Additional Submission for RTI Second Appeal_2nd_March_2020.pdf
To_CIC_2nd_appeal_27th_February_2020_Redacted.pdf
Draft_Talking_Points_for_the_Hearing.pdf
From_SEBI_Written Submiissions - Murugappa Krishnan 139953.pdf
thanking_CIC_post_decision_Redacted.pdf-
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