Question: How to provide strong reasons and evidence/s in case of life & liberty

[ambrish.p]

PIO has not responded in 48 hours & FAA has rejected the appeal that PIO will respond in normal time - 30 days.

1. How one can give strong reasons and evidence to prove "Life and Liberty" case?

2. First one may loose his/her life or get badly hurt then file this kind (Life and Liberty" case) of application/appeal.

3. Second appeal already filed under same clause, how much time Hon. SIC will take to respond>

4. FAA has rejected appeal after second appeal was filed

5. Addendum to Second appeal with copy of rejection letter by FAA and evidences, if any

regards

[colnrkurup]

The matter is too simple. Firstly avail this provision only when it involve life and liberty i.e., if the information is not provided within 48 hours you should have evidence to show that non provision of he information within 48 hours has affected life and liberty
Please do not misuse it. No PIO or AA will have the courage to ignore a genuine case.

[sandeepbaheti]

In case any loss of life or liberty is actually caused, the PIO will be liable to pay huge compensation under Sec 19 (8)(b)

[advocate rajesh]

Col Sir as your replies are always logical and as per law. I am quoting some examples kindly guide me whether these are covered under life and liberty.

Uncovered main holes ....... a man may get injured or can die ......any time

Unscientifically made speed breakers can cause injury in 48 hours and may not be but related to life and liberty.

A iron guarder hanging from a under construction bridge may fall any time

A branch of tree hanging on a road

old building may fall any time can cause causality . But the municipality ignoring

What happens Sir in India that we people and Govt cry after the incident. Kindly guide I have some more instances.

I have successfully used RTI against Main holes and now using against speed breakers .
I shall be highly thank full if you guide the proper meaning of life and liberty. Thanks Sir

I moved some RTI application with news paper cutting as proves and told them that these are dangerous to life . In my application I have specifically asked Whether are dangerous to life and the SPIO have accepted that theses are dangerous to life and the deptt is responsible for this.

[sandeepbaheti]

I support Rajesh Ji. Information in case of matters that can affect life and liberty is to be given in 48 hours. This does not imply that loss of life or liberty will actually occur in 48 hours or if information is not given in 48 hours.
One such matter where life and liberty clause can be invoked is when seeking information about progress of Central Government's ban on smoking in public places. Being exposed to smoke does not result in immediate death but it does affect life and liberty and this has been upheld by Hon'ble Supreme Court of India in the case of Murli Deora vs. Union of India.

[colnrkurup]

All the cases stated in Adv Rashesh's posting at 4 does fall under life and liberty clause. But such cases being too common the PIOs may not accept the applicant's contention. In the absence of actual loss of life or liberty it may not hold much water at the appeal stage also. But in similar cases I have been following a typical method. I used to add one paragraph stating "Since the information sought for concerns the life or liberty of public, it may please be provided within 48 hours of the receipt of the request as specified in proviso to Section 7 (1) of the ibid Act. However, if it is considered that it DOES NOT invove the life or liberty, the information may be provided as prescribed in the Act ". This will compel the PIO accountable in case life and liberty involve and the PIOs avoid taking risk.

So far only in one case I received prompt reply. In another case I got the reply in 10 days and in rest of the cases the PIOs replied in normal cource.

[karira]

Just a small clarification:

it is life or liberty and not life and liberty.

[dr.bsrao]

i would like to know the right to life @ liberty in rti act and how to define when the applicant seeking the information under this act.

[ambrish.p]

Dear Mr. Rao

Please go through the earlier discussions in this thread.

If you have any further doubts, please post them here and our members will be pleased to guide you further.

reagrds

[karira]

Originally Posted by dr.bsrao

i would like to know the right to life @ liberty in rti act and how to define when the applicant seeking the information under this act.

Please read some of the threads in the following search:

life or liberty - Google Search