Need Help: Section 8 (1)(a) & (g)

[kumari rai]

SPIO stated that under section 8(1) (a) & (g) , he may not be able to provide file notings as matters relates to issue of citizenship certificate is confidential in nature. Home department had illegally omitted inclusion of our names citizenship list reason is till date it is not known, inspite of fact that my request was processed in file yet i have not received any positive replies , in this connection i requested them to provide file notings.

Sir, above state section is applicable to this matter or not please help me .

Thanks you,

Yours sincerely.

Kumari Rai

[abhi987]

Sponsorer

I assume that the information sought by you pertains to your own-self.

If that being the fact of the case, then how can section 8(1) (a) & (g) apply for denying the requested information.

Please find quoted below section 8(1) (a) & (g) of the RTI Act for your immediate reference:

(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;

(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;

Kindly file a first appeal with the First Appellate Authority (FAA), and in the prayers of your first appeal request the FAA to invoke section 19(5) of the RTI Act and put the onus on the PIO to justify the applicability of section 8(1)(a) & (g) for denying the requested information.

Please find quoted below section 19(5) of the RTI Act for your immediate reference:

As per section 19(5) of the RTI Act, In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request.