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  1. #9
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    C J Karira
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    Re: Right to Life And Liberty Clause


    Another applicant asked CIC for the same details as per the application mentioned in the above post.

    Matter went up to First Appeal in CIC.

    Strangely, the FAA of CIC ruled that the PIO was correct and that no such information is maintained by the CIC regarding data about "life and liberty" cases.

    So which reply of CIC is correct ?

    This one or the reply to the previous application ?

    Full decision of the FAA can be seen at:

    http://cic.gov.in/CIC-Orders/FAAD_24032008_01.pdf


    › Find content similar to: Right to Life And Liberty Clause


    Twitter: @cjkarira

  2. #10
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    Re: relationship between rti & constitution


    here is the situation
    applicant filed an application under rti asking to decloser some official documents which are not releated to himself but only submitting that as the information is concern with the life and liberty same shall be provide within 48 hours of the receipt of the application
    Actually there is neigther evideance with application that the information is concern with the life and liberty of himself nor the violation of the Art.21 of the constitution.
    is it binding for PIO to provide information within 48 hours .

  3. #11
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    Re: relationship between rti & constitution


    Information can be sought within 48 hours only if there is reasonable apprehension of threat to the life or personal liberty of any person. Remember it's "any person", not necessarily the person who seeks information.

  4. #12
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    Re: relationship between rti & constitution



    Quote Originally Posted by wasudeotayade View Post
    Actually there is neigther evideance with application that the information is concern with the life and liberty of himself nor the violation of the Art.21 of the constitution. is it binding for PIO to provide information within 48 hours .
    You have to bring in the "Life or Liberty" clause of Sec 7(1) at every stage of the RTI process - Application, First Appeal and Second Appeal.
    Your invocation of this clause should be backed up by documents, pictures or logical arguments.
    Only then will it be considered seriously.
    Twitter: @cjkarira

  5. #13
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    Re: Right to Life And Liberty Clause


    Right to life:-
    In Maneka Gandhi v. Union of India Suprime Court ruled that “ the attempt of the court should be to expand the reach and ambit of the Fundamental rights rather than to attenuate their meaning and contex by a judicial construction “.It held that the right to live is not merely confined to physical exsistence but it includes withinits ambit the right to live with human dignity .
    In AIR 1981SC 746 it was observed by court that right to live is not restricted to mere animal existence.the court further held that non payment of minimum wages to the workers amounted to denial of their right to live with basic human dignity $ violated article 21
    In D.K.Yadav v. JMA Industries Ltd. It was held that right to life under article 21 included the right to livelihood. The order of termination of the service of any employee jeopardised “not only his livelihood but also career and livelihood of his dependents.
    It was observed by SC in fameous Keshavanand Bharti case “The Fundamental Rights themselves have no fixed content, most of them are mere empty vessels in to which each generation must pour its content in the light of its experience
    In the light of above rulling of Suprime Court we can try to laid down the meaning of the word “life”under RTI section 7(1)
    Last edited by wasudeotayade; 23-04-09 at 12:22 AM.

  6. #14
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    Re: Right to Life And Liberty Clause


    Wasudeo,

    You can cite the orders of the Supreme Court while invoking the "life or liberty" clause in Sec 7(1).

    However, as explained in my earlier post in this thread, you have to start doing it right from the application stage and with sufficient evidences.
    Twitter: @cjkarira

  7. #15
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    Gurkirat Singh Dhillon
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    Re: Right to Life And Liberty Clause


    Hi ,

    I wish to share my case with you .

    I run a business which involves lots of cash(petrol pump) .

    I applied to the SSP of my district for permission to retain my revolver

    during the course of the Lok Sabha elections giving the above reason and

    also the fact that i am an MBA from a top business school with no criminal

    record .

    SSP has not replied till date.

    In the meantime some one came to my pump and threatened my staff with

    a pistol and this happened twice for which i gave written compliants to the

    SHO concerned and i have the receipts.

    Now if i were to surrender my weapon to the police in the absence of reply

    from SSP, i am left deviod of any protection for myself(life and liberty) and

    my establishment.

    Hence, i filed an RTI application with the SSP day b4 yesterday under life

    and liberty clause ,asking him for information on my original application to

    him . After filing RTI application,I called him up on his official mobile too and

    he was very cold, that was expected but the purpose was to have proof of

    having spoken to him which could be presented to the Information

    Commission later(through call details) to show that i brought my case to

    his notice.

    I dont think SSP will respond within 48 hours, now my dilemna is whether i

    should file appeal with appellate authority of file compliant under Sec 18

    with Information Commission .

    My RTI application is attached to this post !

    Plz advise !
    Attached Files Attached Files

  8. #16
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    Sandeep Baheti
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    Re: Right to Life And Liberty Clause


    CIC has actually started taking life & liberty matters on priority basis but I don't have much idea about Punjab SIC. Since you have enough reasons to show that you are actually facing a threat to the life of yourself and your staff, you can file direct complaint.

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