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 .
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.
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.
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.
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.