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Thread: Presence of another person while inspecting document

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    Presence of another person while inspecting document


    I had asked about a lawyer being present when I am being shown documents by a bank. Actually what I had in mind was an income tax consultant or a chartered accountant being present because they can advise me regarding framing further queries. I have now been told that since I have asked the question, they will show the document only to me and not to an outsider - not even anyone from the bank itself. They want to know under what section of the RTI Act, I am asking for an outsider to be present.

    Avinash Kapadia


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    Re: Non staff member being present


    The decision seems to be logical from the Income tax Department. However, as a work around, the Chartered Accoutant could have asked information about your details, and being 3rd party naturally the department would ask you if that a 1st party wants access to your record. In that way you could have insisted to be present along with the 1st party.

    In your case the 1st party could be your CA.

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    Re: Presence of another person while inspecting document


    Avinash,

    I agree with Kushal.
    Whenever I have a doubt while making a application under RTI, I put myself in the shoes of the PIO and try to visualise, as a devil's advocate, as to what type of problems can he create for my application. Sometimes, I have to have a very tortured way of thinking and a warped sense of logic while doing this....but the solution always stares clearly.
    If you do this before submitting your RTI application, I can assure you that you will never have any problem in getting whatever information you need.

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    Re: Presence of another person while inspecting document



    I had similar problem, for which I had found a solution which worked in my case.
    In my application I wrote,
    "I would inspect the document/site along with my collegue/lawyers/friend etc.. you are requested to provide me appointment for the same".

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    Re: Presence of another person while inspecting document


    Quote Originally Posted by avinash View Post
    I had asked about a lawyer being present when I am being shown documents by a bank. I have now been told that since I have asked the question, they will show the document only to me and not to an outsider - not even anyone from the bank itself. They want to know under what section of the RTI Act, I am asking for an outsider to be present.

    Avinash Kapadia
    They, the PA are absolutely wrong to say that an outsider cannot be allowed to inspect the documents you desire to inspect. You can counter question them to know under which section an Outsider cannot be allowed. You should play back the same hand they play.

    Note, all documents, once supplied, even if under inspection, are public documents and come under public domain. To remind you, its absolutely clear that under Section 6 (2) An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.

    So under this clause, you can do just any thing. You can even take members of the press with you while you inspect the documents. Alternatively you can take some RTI Activists. You can also cite the case where an undertrial in Sabarmati Jail, Ahmedabad was allowed to inspect documents in Punjab National Bank, Ahmedabad along with several RTI Activists, his family members and correspondents from Times of India.

    Manoj

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    Re: Presence of another person while inspecting document


    mpai,

    Tks for the reference about Ahmedabad.
    Do you have some reference of the incident.
    It will probabaly be of help to some members in the future.

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    Re: Presence of another person while inspecting document


    Quote Originally Posted by karira View Post
    mpai,

    Tks for the reference about Ahmedabad.
    Do you have some reference of the incident.
    It will probabaly be of help to some members in the future.
    Check this article on the CIC Site

    Undertrial exercises his right under RTI Act

    You can check out the PDF file containing the image of the article which appeared in the Times of India. A few other things which I did not add earlier, was that the applicant also accompanied by police escorts.

    http://www.cic.gov.in/Best%20Practic...2007_4_5_3.pdf

    Further, what would one do, if the applicant is illiterate or not able to read the language in which the documents are typed. For example, if you visit an office in Tamil Nadu and cannot read Tamil? You need somebody with you to help you read it.

    Manoj

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    Re: Presence of another person while inspecting document


    Karira, have you forgotten this thread so soon ?
    Undertrial exercises his right to info

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