Yes i understand that....Thanks for the answer,one more quickie though how about cases where the judgement has been passed ..... like 1993 bombay riots...and a very specific persons postmortem report ?
I just want to know if it is possible under RTI to do such a thing and if it did not come under invasion of personal privacy.
A man named "x" was killed under some mysterious condition (According to me)
but as it was during the riots the cops come and book it under "TADA" and conduct a post mortem report and present it in the court.
Now we all know that it took 10 years for the courts to complete the sentences in 1993 mumbai blasts
So now who do i write to get the Post mortem report of the person "X" who died.
I hope i have not confused you guys
This is a very important question and knowing the stance of RTI on this case would be benifitial to all the members
You can get the post mortem reports even if the investigation is still on because your being given the reports will in no way hamper or impede the investigation.
Thats all u need to state !
And quote the following judgement of the Delhi High Court in your RTI Application for the desired effect !
Extract of Judgement of HON’BLE HIGH COURT OF <st1><st1:city w:st="on">DELHI</st1:city></st1><o></o> in WP(C) No. 3114/2007 decided on 03.12.2007 :<o></o><o></o>
13. Access to information, under Section 3 of the Act, is the rule and <o></o>exemptions under Section 8, the exception. Section 8 being a restriction on this fundamental right, must therefore is to be strictly construed. It should not be interpreted in manner as to shadow the very right itself. Under Section 8, exemption from releasing information is granted if it would impede the process of investigation or the prosecution of the offenders. It is apparent that the mere existence of an investigation process cannot be a ground for refusal of the information; the authority withholding information must show satisfactory reasons as to why the release of such information would hamper the investigation process. Such reasons should be germane, and the opinion of the process being hampered should be reasonable and based on some material. Sans this consideration, Section 8(1)(h) and other such provisions would become the haven for dodging demands for information. <o></o><o>