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Refusal U/S 8(1)(a) of RTI Act


vijaypandeyllb

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vijaypandeyllb

I filed an application to know the status of the FIR which was lodged against a Police Officer, but the the SPIO informed that the information  is exempted U/S 8(1)(a) of RTI Act. But till date no FIR has been registered and the FIR accused is SPIO in capacity also.

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Sunil Ahya

1. If the investigation is under way then with respect to the information on the action taken on FIR, the PIO ought to have cited the exemption of section 8(1)(h) and not 8(1)(a).

2. As far the copy of FIR itself is concerned It ought to have been suo-motu uploaded on internet, please refer: Youth Bar Association of India v. Union of India, 2016 SCC OnLine SC 914, decided on 07.09.2016.

3. If no FIR has been registered then first you ought to try and get an FIR registered in accordance with the Supreme Court's decision in Lalita Kumari's case.

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