RTI India Join Big Helpers! RTI INDIA SMS


Join RTI India!


Welcome to RTI India: The complete Online Portal for Right to Information in India.

Right to Information has an important economic dimension, as it embraces not only political freedom but also the freedom to lead a life with dignity, unfettered by domination and discrimination.

Our aim is to provide authentic and analytical help regarding Right to Information in India to Officers, Lawyers, Citizens, RTI Activist, Associations, & NGO's. Our strength is in bringing them all at one platform.


Purpose Of Information Asked For

This is a discussion on Purpose Of Information Asked For within the RTI General Discussions forums, part of the Right to Information category; HI everbody, I just read in HT that Mrs. Rupam Bajaj , Panjab Information Commissoner denied information or better say disposed off petition with a plea " Information Commission with ...


RTI India Official Toolbar
Go Back   RTI India > Right to Information > RTI General Discussions

522209 Webpages

Register Tags Members Mark Forums Read

Reply

 

Thread Tools Display Modes
  #1  
Old 09-07-2007, 04:02 PM
neeraj Chauhan's Avatar
Just Popping In


 
Join Date: Mar 2007
Posts: 42
neeraj Chauhan is on a distinguished road
Purpose Of Information Asked For


HI everbody,
I just read in HT that Mrs. Rupam Bajaj , Panjab Information Commissoner denied information or better say disposed off petition with a plea " Information Commission with in its jurisdiction can see what LETTER AND SPIIRIT OF ACT DEMANDS " . And further she goes on to say it is not the intent of act to supply information for research purposes and roving & fishing inquiries. Petitioner actually asked for data of nine years of Distt. Red Cross Society , Patiala to study trends and practices of Red Cross Society. He got similar data from DIET , Distt. institute of Elementary Training , Nabha (Panjab) . I GUESS It does not fall in ambit of SIC or CIC to deny something vehemently on the pretext of anything whatsoever. Act nowhere gives such discretion to any RTI implementor.
NICK
Reply With Quote
Alt Today
RTI INDIA
Related Links
 
Standard Guests Links

  #2  
Old 09-07-2007, 04:12 PM
Abhinav Bohare's Avatar
Just can't stay Away


 
Join Date: Apr 2007
Location: India
Posts: 306
Abhinav Bohare will become famous soon enough
Re: Purpose Of Information Asked For


Hi Nick,

In fact I am unable to understand that why a researchers was asking for any information pertaining to Red cross , for research purpose, from IC of the concerned state. He could have done it directly without an RTI ....

Data's of Red Cross Societies are with their heads and can be asked for, for research purpose, if that research is being conducted under legitimate authority .

Well even in case the data for research were asked via SIC or CIC , I would ask you to refer the Act or I would await some of our subject specialist to come with riposte....Because I think Punjab State IC is largely correct...

{Note I would also request not to quote the State IC name , instead you can mention her office, as it is against rtiindia.org ethics...General suggestion)
Reply With Quote
  #3  
Old 09-08-2007, 12:47 AM
Satish Gupta's Avatar
Quite a regular


 
Join Date: Jul 2007
Location: Los Angeles
Posts: 106
Satish Gupta will become famous soon enough
Re: Purpose Of Information Asked For


The purpose, for seeking information under RTI , is IRRELEVANT!! This has been established beyond any doubt, by CIC decisions, and by courts in USA (under FOIA). Therefore whether a person was seeking information for research or just for fun, the Red Cross must provide it.

The logic of the above decisions goes like this. If PA takes into consideration the reason why a person is asking for information , then PA can deny information based upon his decision as to why a person is asking for information . PA would deny information , and then the courts would have to decide on each case if requester's reason is legitimate or not.

For example, let us say I ask for Red Cross information , claiming that I am a reporter for a newspaper, and have reason to believe that there was irregularity within Red Cross. The PIO at Red Cross will have to check my credentials with the newspaper I claim to work for. Then PIO might say that he wants to know the reason why I believe there was irregularity within Red Cross. Only if PIO is satisfied, he would release the information . Once he releases the information to me, I can publish it on web, or in a newspaper. Everyone can see the information . So what was the purpose of PIO checking all my credentials etc., before releasing the information .

If some information is public, it is free for all to see, not just those select few who can show that they have some special public interest in mind.

Last edited by Satish Gupta; 09-08-2007 at 12:48 AM..
Reply With Quote
  #4  
Old 09-08-2007, 08:17 AM
kushal's Avatar
Name: Kushal Pathak


 
Join Date: Sep 2006
Location: New Delhi
Posts: 2,548
kushal has disabled reputation
Re: Purpose Of Information Asked For


I am not sure about the exact decision, would anybody care to put that for us?
If the information is not exempt under Section 8 (1) (d)

Quote:
information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party , unless the competent authority is satisfied that larger public interest warrants the disclosure of such information ;
http://act.rtiindia.info/index.html?section_08.html
It should invariably be in public domain.
__________________
RTI India Chief Dreamer & Network Staff Administrator
Reply With Quote
  #5  
Old 09-08-2007, 12:53 PM
neeraj Chauhan's Avatar
Just Popping In


 
Join Date: Mar 2007
Posts: 42
neeraj Chauhan is on a distinguished road
Re: Purpose Of Information Asked For


Hi there,
Well Abhinav i must tell you Petitioner first asked info from PIO of Red Cross Society , AA of Red Cross Society. Then matter came up for SIC hearing there Panjab IC says " Why he (Petitioner ) needed the information , he stated he required this data in Public Interest and to study broad impact and trends/Changes in working over the years. During the hearing IC directed petitioner to personally inspect all records " . Petitoner didnot wish to visit Distt. RCS and choose docs he wanted .
Then IC order reads " It appears the complainant in the present case has no definite purpose but a generalised goal and would like to study these records at leisure later. As such he has himself not taken blanket opportunity afforded to him ie.. to inspect the records and files. Therefore complaint is disposed off "
Here i infer from IC views that RTI panel is against casual inquires and Act also not meant to faciilitate research or Ph.D. Is it in accordance with any of RTI Section/Subsection or just personal whims only.

NICK
Reply With Quote
  #6  
Old 09-09-2007, 07:39 AM
colnrkurup's Avatar
Name: Col NR Kurup (Retd)
Home away from Home


 
Join Date: Aug 2007
Location: Kerala
Posts: 1,936
colnrkurup is just really nicecolnrkurup is just really nicecolnrkurup is just really nicecolnrkurup is just really nice
Re: Purpose Of Information Asked For


To me it appears to be a clear case of misuse of the Act. Here the Appellant is not very keen on getting the information but want the entire spade work of his research done by the CPIO . In such cases the the CPIO could have refused the information under Section 7 (9) viz., "it would disproportionately divert the resources ofthe public authority .

Last edited by colnrkurup; 09-09-2007 at 07:41 AM..
Reply With Quote
  #7  
Old 09-09-2007, 05:55 PM
karira's Avatar

 
Join Date: Mar 2007
Location: Secunderabad
Posts: 13,891
karira has much to be proud ofkarira has much to be proud ofkarira has much to be proud ofkarira has much to be proud ofkarira has much to be proud ofkarira has much to be proud ofkarira has much to be proud ofkarira has much to be proud ofkarira has much to be proud ofkarira has much to be proud ofkarira has much to be proud of
Re: Purpose Of Information Asked For


Please read the attached word doc to see the two full decisions.
(Please ignore the line/word gaps due to formatting issues)

Something seems fishy in this whole episode.
Read very carefully to understand the motives of the parties involved.
Attached Files
File Type: doc PUNJAB STATE INFORMATION COMMISSION - RED CROSS.doc (45.5 KB, 9 views)

Last edited by karira; 09-09-2007 at 05:56 PM.. Reason: spelling corrections
Reply With Quote
  #8  
Old 09-09-2007, 06:09 PM
Debashis Basu's Avatar
Quite a regular


 
Join Date: Aug 2007
Location: Kolkata
Posts: 96
Debashis Basu is on a distinguished road
Re: Purpose Of Information Asked For


Dear Karira

Please post the word (.doc) file in Notepad. Copy & paste again in to our website reply space and use formatting tools. This way this important decision can be easily read.
Reply With Quote
  #9  
Old 09-09-2007, 06:19 PM
Debashis Basu's Avatar
Quite a regular


 
Join Date: Aug 2007
Location: Kolkata
Posts: 96
Debashis Basu is on a distinguished road
Re: Purpose Of Information Asked For


Dear Kushal

Do you agree that IC has acted beyond his scope by making self assumption in his order that " It appears the complainant in the present case has no definite purpose but a generalised goal and would like to study these records at leisure later. As such he has himself not taken blanket opportunity afforded to him ie.. to inspect the records and files. Therefore complaint is disposed off " What is this "disposed off means ? rejected ?

Colnkurup Sir. I need your further valuable views on application of section 7 (9). If this section is not very conservatively applied - a query on Ration card or Land matter because of our huge population and fragmented land records.It will be always 'disproportionately divert the resources of the public authority
"in Food Dept or Land Dept of the Govt.

Last edited by Debashis Basu; 09-09-2007 at 06:20 PM..
Reply With Quote
  #10  
Old 09-09-2007, 10:13 PM
karira's Avatar

 
Join Date: Mar 2007
Location: Secunderabad
Posts: 13,891
karira has much to be proud ofkarira has much to be proud ofkarira has much to be proud ofkarira has much to be proud ofkarira has much to be proud ofkarira has much to be proud ofkarira has much to be proud ofkarira has much to be proud ofkarira has much to be proud ofkarira has much to be proud ofkarira has much to be proud of
Re: Purpose Of Information Asked For


Quote:
Originally Posted by Debashis Basu View Post
Dear Karira

Please post the word (.doc) file in Notepad. Copy & paste again in to our website reply space and use formatting tools. This way this important decision can be easily read.
I tried doing that twice but I get some funny looking formatting symbols like double arrows, etc...Hence foiund this to be easier.
Reply With Quote
 
Reply

Bookmarks

Tags
purpose, information

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off
Forum Jump


TwitterFacebook

Copyrights

New to Site?

Need Help?

Powered by vBulletin. Copyright ©2000 - 2010, Jelsoft Enterprises Ltd.
Search Engine Optimization by vBSEO 3.2.0 Web Technologies by Dr. Kushal Pathak

All times are GMT +5.5. The time now is 06:06 AM.