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Thread: Can a PIO or a OIC apply under RTIA 2005 ?

  1. #25
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    C J Karira
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    Re: Can a PIO or a OIC apply under RTIA 2005 ?


    In response to the above Complaint to CIC (please see post # 24 above), the EoI, Washington DC has given its comments to the CIC.

    It is attached to this post.

    My reply to the comments is also attached to this post.


    Twitter: @cjkarira

  2. #26
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    Col NR Kurup (Retd)
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    Re: Can a PIO or a OIC apply under RTIA 2005 ?


    The point at issue is "Has anyone who is not a cityzen of India in every respect the Right to information under the Right to Information Act 2005" ? The answer is 'NO'. With the type of unscruplulous appeasement politics and corruption prevelent in India, one can get any information including the top secret information or those exempted under Section 8 and 9 FOR A CONSIDERATION from the right contact. That does not mean that he is entitled to get it. So is the ignorance or wisdom of certain babus and vindictiveness of some other. These hypothetical exceptions does not nullify the explicit provisions of the Act.

    Section 3 of the RTI Act leave no doubt. "Right to Information" - Subject to the provisions of this Act, all cityzens shall have the right to information" That is the end.

  3. #27

    Can Overseas Citizen of India seek info. under RTI Act


    Can a person holding Overseas Citizenship of India or Person of Indian Origin Card obtain information from any indian embassy or high commission under the RTI Act. The Hyderabad Police website at WHO CAN ASK FOR INFORMATION UNDER RIGHT TO INFORMATION ACT that they can but some indian embassy website clearly state that it is only for Indian passport holders. Can someone clarify the position? thanks

  4. #28
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    Re: Can Overseas Citizen of India seek info. under RTI Act



    Quote Originally Posted by newcomer View Post
    Can a person holding Overseas Citizenship of India or Person of Indian Origin Card obtain information from any indian embassy or high commission under the RTI Act. The Hyderabad Police website at WHO CAN ASK FOR INFORMATION UNDER RIGHT TO INFORMATION ACT that they can but some indian embassy website clearly state that it is only for Indian passport holders. Can someone clarify the position? thanks
    Merged post with an existing thread.

    Santosh,

    Please read the full thread above.
    Twitter: @cjkarira

  5. #29
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    Re: Can a PIO or a OIC apply under RTIA 2005 ?


    Based on my Complaint (available here: Complaint under Sec 18 against Embassy of India Washington DC - OCI & PIO Card holder - RTI Directory) , the CIC has, as usual passed the buck stating:

    However any modification of the provision of law can be done only by a Legislative and/or Parliamentary action/intent. In view of the fact that no information exists on record, nor any provision of law provides for modification of law under the RTI Act 2005, nor does the RTI Act 2005 provide for the creation of information, therefore the instant Complaint does not merit any indulgence at this stage. The prayer sought by the Complainant does not fall within the purview of the functions of the Commission and the Complainant may approach the appropriate forum seeking relief. Accordingly the Complaint is dismissed.

    The full order is attached to this post.

    This is contrary to what was said at the end of the hearing - that another hearing will be held and views of MHA will be ascertained in the meantime. It seems someone started coaching the IC after the hearing was over.
    Attached Files Attached Files
    Twitter: @cjkarira

  6. #30

    Re: Can a PIO or a OIC apply under RTIA 2005 ?


    This embassy website statement is retrogressive not only on the grounds that you have raised -- that OCIs are also entitled to use RTI -- but also because it now explicitly disallows sending an RTI request to the consulate unless the subject matter pertains to the consulate itself. Years ago when applying to SEBI and RBI, in order to persuade them to even acknowledge my RTI requests, the NYC consulate information officer had agreed to accept my RTI request on email so she could forward them directly on to SEBI and RBI. While this is sad, this constitutes for the most part I think not a prohibitive barrier but a nuisance, and is an attempt by the bureaucracy to raise costs and difficulties for applicants: someone else will have to make the RTI request on behalf of an OCI. Best, -Murgie

  7. #31

    Re: Can a PIO or a OIC apply under RTIA 2005 ?


    I concur with 'compuser1973'. Theoretically, an information that is open to all 'Indians' automatically becomes accessible to anyone (even non-Indians) as there is no bar as to whom an 'Indian' can give the information obtained. In other words, the Public authority has no way of effectively barring 'indirect access' by a non-Indian, simply if he/she has the information request filed by an Indian.

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