mr. M.PAI: IT IS NOT AROUND BUSH BUT VERY IMPORTANT ISSUE. MR.KARIRA made good point ,i learnt a new angle,mr.ABHAYPATIL agreed with what i posted. amongst few major confusions or contraversies under RTI ACT this is one which needs interactions from us. other day i was discussing this point and concept of 'SUBSTANCIALLY FINANCED' with chief of RTI cell of YASHADA and he found the issues very important for widening and smooth operation of RTI.
Some topic started in this forum long ago , comes back into the news again.
At least the Kolkata High Court has agreed that OC'sI can apply for information under RTI. If that is the case, I come back to my original contention...that even Person of Indian Origin (PIO) can apply under RTI.
Will be interesting to see the final outcome !
NRI moves apex court challenging denial of information
New Delhi, Dec 12 - The Supreme Court will hear Thursday a petition challenging the denial of information under the new Indian transparency law to a US-based non-resident Indian on the grounds that he was not an Indian citizen but only an Overseas Citizen of India.
The plea filed by medical practitioner and AIDS expert Kunal Shaha, working at the Ohio University in the US, will be heard by a bench of Justice A.B. Sinha and Justice H.S. Bedi.
Shaha has moved the apex court challenging an August 2007 ruling of a division bench of the Calcutta High Court, dismissing his plea seeking information on a probe by the West Bengal Medical Council (WBMC) into the alleged negligence by some city doctors in treating his wife in 1998.
According to the petition filed by the Shaha's counsel R. Venkataraman, Anuradha Shaha, a child psychologist, had developed an allergic skin condition, which results in the peeling of the skin.
The petition said this disease is treated with a medicine known as Depomedral, which is administered between in doses of 40mg to 80mg a week, while the doctors treating her in Kolkata in April 1998 had administered at least 80 mg of it twice a day.
This, according to international medical experts, resulted in Anuradha's death, alleged Shaha, who subsequently lodged a complaint with the WBMC against the erring doctors, accusing them of gross medical negligence.
Meanwhile, under a new Indian law, Shaha became an Overseas Citizen of India (OCI).
As the WBMC kept dithering on his plea to provide him the requisite information under the two-year-old Right to Information Act, he approached the Calcutta High Court seeking a direction to the medical panel.
But a single-judge bench of the high court dismissed the plea saying he was not entitled to information under the Right to Information Act, as he was not an Indian citizen when he sought the information and the benefit of the law on dual citizenship could not be granted to him with retrospective effect.
Shaha challenged the single-judge bench's ruling before a division bench, which too dismissed his petition.
After the high court's rulings, the WBMC too informed Shaha that he was not entitled to the information under the Right to Information Act, 2005, as he was not an Indian Citizen.
It is against this communication of the WBMC and the high court's rulings that Shaha has come to the apex court.
Overseas Indian Citizens entitled to info under RTI Act: SC
NEW DELHI: The Supreme Court opined that an Overseas Indian Citizen (OIC) is entitled to seek information from the authorities under the Right to Information Act (RTI).
A bench of Justices S B Sinha and H S Bedi asked Kunal Saha, an OIC from the US to move a fresh application by citing his OIC status before the Medical Council of India (MCI), Kolkata branch for seeking information on the inquiry report pertaining to his wife's death.
Earlier, two doctors were convicted by a court in Alipore (in Kolkata) for their alleged medical negligence relating to the death of Kunal Saha's wife Anuradha, a paediatrician who was suffering from a rare skin disease.
However, the Calcutta High Court acquitted the doctors of the charges following which he filed an appeal in the apex court.
During the pendency of the SLP, Saha under the Right To Information Act (RTI) sought the report of the inquiry committee appointed by the MCI to probe Anuradha's death, which was declined by the regulatory body on the ground that as an NRI, he was not entitled to it.
1. more and more Indians are taking up citizenships of other countries, becoming OCIs and then residing in India. If application comes from within India - not a whole lot of PIOs are likely to seek proof of citizenship. [quote=compuser1973;3780]
I'm an Indian citizen, US PR, and was required to satisfy each of my PAs (RBI and SEBI) of my citizenship before they would touch my case. In my case I filed my requests thru the Indian Consulate in NYC. Still RBI made me fax and mail my passport pages a couple of times before they were adequately satisfied.
But I agree it's generally not a big or problematic requirement. Folks who ask me regularly about my RTI efforts to get data for academic research, include many who have similar interests (especially to compare India with other places). Some are in India; some, in the US. Some are desi citizens; some are not. Once the data becomes publicly available, it will be available to all. So it hardly matters if the applicant is a desi citizen. Best, -Murgie