Framing Question Under Section 7(1)

[nile0611]

I think we should now work on framing question under section 7(1) for reply within 48 hrs. as concerned of life and liberty of person.

If a person is not receiving water he might lost his life due to non availability of water. We should think on all the subject or nature of problem which we will be able to cover under section 7(1) and then prepare a format or sample question for the same.

[kushal]

That is a good suggestion. If you can start by enumerating topics and departments to frame a question into this topic, we could thence make the model question under Right to Information.
Also I am transferring this post to Suggestions and Feedback forum for ready follow up.

[wagh7]

dear friends,

I would like to quote the section 7(1)

7. (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request undersection 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9: Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.

If the applicant feels that it is a life and liberty of a person and the PIO feels that it is not, then how to decide it as LIFE AND LIBERTY.

RAKATKAM.

[ganpat1956]

It is not a mere question of somebody feeling something. When an applicant seeks an immediate reply by invoking this clause, it becomes his responsibility to substantiate his claim of "life & liberty", through appropriate grounds. The ways by which it can be done will differ from case to case and cannot be generalised.

[wagh7]

ganpat ji,

thanks for your reply. but what I wanted to know that how it can be decided by PIO that it comes under "Life and Liberty".

It is quite possible that the PIO will very nicely refuse to give information under "Life and Liberty" and may take total 30 days just to delay the information.

I wanted to know whether the PIO can refuse saying that this will not come under Life and Liberty of RTI Act,2005.

rakatkam.

[ganpat1956]

The PIO can treat it as an ordinary application, if the applicant is unable to properly convince and substantiate his claim of life & liberty. The onus rests on the applicant, not on the PIO.

[wagh7]

ganpat ji,

thnk you for your quote.

rakatkam

[colnrkurup]

Normally the PIOs won't take any risk. If the request prima facie appear involve life and liberty, the PIOs tried to furnish the reply. In case, by not furnishing the reply within 48 hours or at the earliest the life and liberty is found involved, though the RTI Act does not specify the cource of action the PIO become accountable to certain extend. Let us take an example. One find that a huge tree on the ide of the public road is about to fall. No one is sure as to the ownership of the land in which the tree is standing or person responsible. It become the life and liberty issue to find out the person/department responsible to ensure the safty. Normally you ask the Municipality/person responsible tomaintain that part of the public road as to the persson/department responsible to cut own the tree. If it is not cut down by the person responsible, it will involve the life and liberty of those travelling through the public road. No PIO is likely to delay it.

[rcbhardwaj]

The Supreme Court of India has expanded the meaning and interpretation of Article 21 of the Constitution of India thru its various landmark judgements.

Section 7(1) of the RTI Act also makes a clear cut distinction between inforemation and inmformation concerning life and liberty of the applicant and can denial of this information concerning life and liberty be accrued as intellectual cold blooded murder?

[colnrkurup]

By now you might have gone through all the postings on the issue referred to you by members of this forum. You know the views of the Central Information Commission also. You are the best judge to decide further course and may put forth your better interpretation if any on this clause.. In case you need any further clarifications on the aspects brought out, members of this forum will only be too happy to give their views.

[rcbhardwaj]

To wagh7.
Life and Liberty are two words that have dictionary meanings and legal meanings. The legal meanings have to be interpreted in association with Article 21 of the Constitution of India which is a Fundamental Right and Constitutes part of Articles of United Nations Declaration of Charter of Human Rights to which India is Signatory.
Ancestral Property gives an identity to whom the estate passes and if the ancestral property falls in states like Himachal Pradesh where, except under special circumstances, non Himachalis cannot buy any reral land, then that property is doomed to be qualify under "right to life" and denial of information concerning life and liberty has been claimed by me as amounting to intellectual cold blooded murder as taking away life amounts to murder.
rcbhardwaj

[rcbhardwaj]

that is exactly the case...in my case the H.P. Government is trying to prove that the RTI Act is not applicable in my case. I had sought information regarding my ancestral property, from 1950 onwards and it was just a petty work as all records are available with the district authorities as jamabandi records...I am now filing the case in High Court at Shimla. Further, the information sought has a direct impact on the partition of my ancestral property and couple of my ancestral land could not be partitioned due to the information not given to the undersigned.

[shakti]

If possible mail/show your application submitted under RTI Act-2005.I feel that you should go for first appeal before the concerned appellant authority even then if you are not satisfied you should go for second appeal before SIC and even then you are not satisfied you can file third appeal before CIC,New Delhi because the process of Courts are very costly,time consuming & it takes a lot of time for getting decesion.
Moreover if you go for appeal under rti act-2005.You can manage maximum thing from your base/house even you can argue your case through Video Confrencing.(Available at CIC only)

[karira]

Originally Posted by shakti

If possible mail/show your application submitted under RTI Act-2005.I feel that you should go for first appeal before the concerned appellant authority even then if you are not satisfied you should go for second appeal before SIC and even then you are not satisfied you can file third appeal before CIC,New Delhi because the process ......

Shakti,

The CIC hs no jurisdictional powers or any power to review decisions of the SIC.

[shakti]

I regret for the same.I was in the impression of Judical Systems of Courts.

[colnrkurup]

Please remember that there is nothing called a "Third Appeal" under RTI Act. The CIC is not the Superior judicial authority of the SiCs. The CIC has no jurisdiction over the SICs and enjoy the same powers as enjoyed by the SICs with the only difference that the SICs deals with cases pertaining to the respective State government and the CIC deals with cases pertaining the Central government departments

[prbhat_gen]

coln shaib,

i think, third appeal can b in the form of filing a writ in the subsequent high court against all PIO, FAA & SIC/CIC

[prbhat_gen]

on of my know, Dr. (Prof.) Nath from Agra file multiple RTI applications to ASI, Agra. He also filed his first appeals and also went to CIC.

after all, he has very recently filed a writ in Delhi High Court against the decision of CIC

[revribhav]

If the High court is to be approached regarding immediate relief,recourse to RTI is of little use.

[prbhat_gen]

but what do you do if you dont get any relief even form the CICs/SICs ?

[karira]

Even the CIC is not very clear about this matter of "life and liberty" clause.

Please read the following thread:

Right to Life And Liberty Clause

The following thread and the links therein will also be interesting:

Expert opinion