Direct 2nd appeal can be filed in life and liberty cases?

**advocate rajesh** · 11-01-2008, 09:16 PM

Esteemed members ,....
if no response or reply is given by the PIO in case relating to life and liberty , in which reply is to be given by the PIO with in 48 hours, If direct 2nd appeal is filed with Information Commissioner will it not be entertained ? As far as I think It can save precious time also in important matter, moreover complaint can be filed if no response is given by the PIO. Kindly suggest.

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**sandeepbaheti** · 11-01-2008, 11:51 PM

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There is no specific provision in this regard and a direct second appeal will probably be more time consuming. On the other hand there are chances that the SIC has better facilities than CIC and will take your case on an urgent basis.
I wouldn't have suggested this to others but I guess since you are an advocate it will be easy for you to move to High Court. If SIC does not take up the matter urgently then go to the high court. There you can quote the GTB case.
Can't say anything for sure but hope for the best.

**karira** · 11-01-2008, 11:52 PM

The CIC might entertain it but it has to first cross two hurdles called "CIC Registry" and "Dealing Officer" in the CIC. By that time, "life" or "liberty" will be valueless.

**colnrkurup** · 11-02-2008, 06:39 AM

I feel that one should not harp much on the life and liberty clause. When someone file an application under life and liberty clause and if it is not responded within 48 hours, there is no sense in going for appeal or complaint, if life and liberty has not affected within 48 hours as prayed. All that the PIO or FAA has to say is that 'since life and liberty is not affected within 48 hours, the aplication is farce'. In that case the PIO or FAA is correct also. How will the applicant substantiate his claim ? On the other hand if the life and liberty has affected due to non-provision of the information within 48 hours the PIO become responsible for his derilication of dutiess and other legal aspects which affected the life and liberty due his non-provision of information within 48 hours.

**advocate rajesh** · 11-02-2008, 07:56 AM

Col Sir,
Dengue is such a decease that you never know when it effect and how many people are effected because people these days rush to private hospitals instead of civil hospitals . Fogging and Spray can control not fully but to some extent. More over Sir, while making direct appeal to SIC on the envelop it can be written" Most Urgent" relating to life and liberty. so that the dealing officer take up the matter on priority bases. The matter can be tried up.