Very important decision of the Full bench of CIC

[karira]

On 2nd August 2007, the CIC held a full bench hearing of a case which has important bearings.

The case is slightly complicated and members need to read the FULL background before reading this decision.

There are several legal issues which have been addressed which will be interesting for Lawyers, Advocates, Police, Public Prosecutors and even Judges.

For laymen like me, the important points of the decision by the full bench are:

1. That any Public Authority has a right to make a First Appeal against an order of the CPIO
2. That a Public Authority can appeal against the decision of its "own" CPIO
3. It is stated in the decision that:

It may be mentioned that the word `person’ has not been defined in the Act but it is wide enough to include a Public Authority, which is a juristic entity and as such is a “person” in the eye of law.
(To me, this implies that, at the appeal stage even a company/association/samiti can appeal since all of them are a juristic entity.....which is different than a applicant who is defined as a "citizen")
4. That a Public Authority can be a "third party"
5. A Public Authority can even make a Second Appeal before the CIC/SIC.
6. If the applicant who asks for information (pertaining to a case under investigation or in the Trial Court), is the initiator of the prosecution, information cannot be denied to him under Section 8(1)(h).

The full decision can be read at:

http://cic.gov.in/CIC-Orders/Decision_02082007_02.pdf

Can other members go through the decision and correct me if I have made any mistake in my above summary.

[Debashis Basu]

I have read this judgement too. You have made a perfect summary.

But the main point is that "Public Authority" has been comprehensively defined in RTA ACT 2005. There was no need or even 1% scope of CIC Full bench or CIC Single bench to further extend the meaning of "Person" to bring "Public Authority" in the scope of "Person".

The verdict of "Public Authority" can be a "third party" should evoke loughter to all !!!!

Already 50 % SIC / CIC verdicts has to be moved before High Court to enforce. Now this vicious delay loop will start by department (Public Authority) right after any SPIO order at department level.

I am not pessimistic. Yet I forced to write that I can see that 'digging the grave' for RTI ACT 2005 has started. CITIZEN BEWARE !

This verdict must be challenged by a class action suit in Supreme Court of India immediately for striking it down.

[chanda_s]

lets not get disappointed. it is natural for all laws and statutes to evolve with time. thats the correct course of things. it happens only in india that often laws and statutes are thrown at the people out of the blue without preparation of ground required.

i do hope the hon'ble high court and supreme court do take note of the apprehensions of people and interpret the law in proper perspective.