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Thread: Delhi High Court Judgment Aganist CIC Decision

  1. #1
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    C J Karira
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    FIRST High Court Decision in favour of RTI applicant


    I think this is the FIRST High Court Decision in favour of any RTI applicant.
    Hopefully, the various other RTI matters pending before the courts, are also decided in favour of RTI applicants.

    RTI information can't be denied on ground of pending probe: HC


    December 04, 2007 21:03 IST

    The Delhi high court has held that a person cannot be denied information under the Right to Information Act merely on the ground that an investigation is pending in a case and that the public authorities have to explain to the applicant how sharing the information would hamper the probe.

    "The mere existence of an investigation process cannot be a ground for refusal of information and the authority withholding information must show satisfactory reasons as to why the release of such information would hamper the investigation process," Justice S Ravinder Bhat said.

    "Such reasons should be relevant, and the opinion of the process being hampered should be reasonable and based on material," the court said while emphasising that the Act which was akin to welfare measures should be liberally interpreted.

    The court passed the order on a petition of Bhagat Singh who was denied information on the earnings of his wife, with whom he has a discord, by the Income-Tax department on the ground that the matter was being investigated.

    Singh, who was accused by his wife Saroj Nimal of taking a dowry of Rs 10 lakh from her, had filed a complaint in the I-T department against his wife for tax evasion in order to get details of her wife's earning.

    Singh filed a request with the I-T department for investigation of his wife's sources of income in view of the fact that she was a primary teacher and she had alleged paying him Rs 10 lakh as dowry, something which seemed unlikely with her limited source of income.

    After some time, he sought information from the department under the RTI Act about the details of preliminary inquiry which was refused by officials on the ground of pending information.

    Directing the department to provide all the details on the preliminary inquiry, the court said, "The order of Community Information Centre (sic) and the department do not reflect any reasons why the investigation process would be hampered."

    Pending probe not ground for denial of RTI request

    ===================

    For the benefit of readers I am also attaching the relevant decision of the CIC, against which, this applicant went to Court.

    Applicants who were denied information on the basis of Section 8(1)(h) & 8(1)(j) can take heart and probably retry !


    Attached Files Attached Files

  2. Re: FIRST High Court Decision in favour of RTI applicant


    "I think this is the FIRST High Court Decision in favour of any RTI applicant.
    Hopefully, the various other RTI matters pending before the courts, are also decided in favour of RTI applicants."

    There have been several decisions if favour of disclosure of information under RTI. I have put some of them on internet at

    Apka Adhikar ยป Court Cases - Decided

    Satish Gupta


  3. Re: FIRST High Court Decision in favour of RTI applicant


    Good compilation Satish Gupta. I am sure your blog will serve a useful reference to many RTI activists.
    Defeat is not final when you fall down. It is final when you refuse to get up.

  4. Delhi High Court Judgment Aganist CIC Decision



    Dear Friends,
    there is excellent judgment against CIC decision, which was given by Delhi high court, regarding "Public interest" and 8(1)(j). So people, who got denied information by any information commission under the clause " Public Interest", 8(1)(j) and cases, which were pending in the courts, can refer this judgment. Information Commissions are escaping in most of the cases by shoing the reason 8(1)(j) impede the process of investigation or prosecution. Now Information commissions can not escape from the above cited situation. I am here with enclosing the complete judgment.
    Attached Files Attached Files
    Ravindrababu.

  5. Re: Delhi High Court Judgment Aganist CIC Decision


    Thank you for sharing this. I have replaced it with the .PDF format.

  6. #6
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    Re: Delhi High Court Judgment Aganist CIC Decision


    Moderators,

    Can you please merge this thread with:

    https://www.rtiindia.org/forum/2131-f...applicant.html

    Both talk about the same topic/case.

  7. Re: Delhi High Court Judgment Aganist CIC Decision


    Quote Originally Posted by kushal View Post
    Thank you for sharing this. I have replaced it with the .PDF format.
    Dear kushal,

    I have been unable to open the pdf. It is showing that it is not supported /might be corrupt /sent by email and not decoded properly. Kindly help.

  8. Re: Delhi High Court Judgment Aganist CIC Decision


    Tks for the news and msg.

    Rgds/Pawan Anchal

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