Question: Citizenship Proof

[shiv Om]

Dear Sir,
Certain Govt offices , especially Defence , do not entertain the RTI application till a proof of indian citizenship is forwarded to them. This delays the application by almost a month.
What is the rule position on this and should we attach the proof along with the application itself?
Shiv Om

[murgie]

The PA is entitled to ask for proof of eligibility to use RTI (not limited to citizens for all kinds of information ... see Can a PIO or a OIC apply under RTIA 2005 ? for a thread discussing this).

While some PAs do not ask for proof of such eligibility it seems wise to provide it early and save yourself time. (What I actually did was to state at the start "I, Indian citizen, passport number ___" and the CPIO and the AA [at RBI and SEBI] did not ask. The CIC did, but accepted a scanned copy of relevant passport pages as proof.) Best,

Murgie

[murgie]

Addendum to #2: In case of my first pass with RBI I recall now they actually came back in the middle (well after acknowledgment and close to the first CPIO deadline) and asked me for proof, despite my having filed my application thru the desi consulate in NYC. So PAs are "quirky:" sometimes they ask for proof, sometimes they don't. Best, -Murgie

[karira]

Shiv Om,

Sec. 6(2) states:

2. An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.

If the PIO did not accept your application since you did not provide proof of citizenship along with your application OR did not accept your RTI application if you did not attach your proof of citizenship, then it is deemed denial of information. Please directly go for Complaint to CIC under Sec 18(1)(a) or (c) as appropriate.

If he accepted your RTI application and prepared the information but said that he will only give it to you if you present proof of your citizenship, then he might have his reasons and you have to abide by his request in order to get the information.

All this process of asking for proof of your citizenship is not counted as part of the 30 day mandatory period for reply.

Please also ask the PIO (through RTI or otherwise) as to what will he accept as a CONCLUSIVE proof of your citizenship.

Please also read all the posts in the following thread:

Delay Tactics by PIO
RTI petitioner finds cops at doorstep
RTI Application Format for Vice President's Secretariat
Strange request by CPIO
30 days starts from which date? (especially posts after #23)