On 2nd August 2007, the CIC held a full bench hearing of a case which has important bearings.
The case is slightly complicated and members need to read the FULL background before reading this decision.
There are several legal issues which have been addressed which will be interesting for Lawyers, Advocates, Police, Public Prosecutors and even Judges.
For laymen like me, the important points of the decision by the full bench are:
1. That any Public Authority has a right to make a First Appeal against an order of the CPIO
2. That a Public Authority can appeal against the decision of its "own" CPIO
3. It is stated in the decision that:
It may be mentioned that the word `person’ has not been defined in the Act but it is wide enough to include a Public Authority, which is a juristic entity and as such is a “person” in the eye of law.
(To me, this implies that, at the appeal stage even a company/association/samiti can appeal since all of them are a juristic entity.....which is different than a applicant who is defined as a "citizen")
4. That a Public Authority can be a "third party"
5. A Public Authority can even make a Second Appeal before the CIC/SIC.
6. If the applicant who asks for information (pertaining to a case under investigation or in the Trial Court), is the initiator of the prosecution, information cannot be denied to him under Section 8(1)(h).
The full decision can be read at:
Can other members go through the decision and correct me if I have made any mistake in my above summary.