Re: FOR HEARING AT CIC SCHEDULED ON 21ST APRIL-08. and clarification on sec 8(1)(g)
CIC as under:
A Through this Order the Commission now wants to send the message loud and clear that quoting provisions of Section 8 of the RTI Act ad libitum to deny the information requested for, by CPIOs/Appellate Authorities without giving any justification or grounds as to how these provisions are applicable is simply unacceptable and clearly amounts to malafide denial of legitimate information attracting penalties under section 20.1 of the Act CIC/OK/A/2006/00163 dtd <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com</st1:date>7 July 2006
B Reasons for rejection of requests
The PIO has to give the reasons for rejection of the request for information as required under Section 7(8)(i). Merely quoting the bare clause of the Act does not imply that the
reasons have been given. The PIO should have intimated as to how he had come to the conclusion that rule 8(1)(j) was applicable in this case CIC/OK/C/2006/00010 – <st1:date Month="7" Day="7" Year="2006">7 July 2006</st1:date>.
Section 8.1.d relates only about such matters of commercial confidence in possession of public authority obtained from third party, the revelation of which would harm that third party. This section does not provide protection to public authority. It provides protection to third party only.
Judgement of HON’BLE HIGH COURT OF <st1:City>DELHI </st1:City>in WP(C) No. 3114/2007 decided on 03.12.2007 :
…As is reflected in its preambular paragraphs, the enactment seeks to promote transparency, arrest corruption and to hold the Government and its instrumentalities accountable to the governed. This spirit of the Act must be borne in mind while construing the provisions contained therein.
Access to information under Section 3 of the Act, is the rule and exemptions under Section 8, the exception. Section 8 being a restriction on this fundamental right, must therefore is to be strictly construed. It should not be interpreted in manner as to shadow the very right itself
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