Re: [HumJanenge] Delhi HC Upholds CIC Decision to provide info denied U/s 8(1)

Thanks Mr. Manoj Pai ji for sharing this important decision having far reaching consquences. 

 

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From: Manoj Pai <manojpai@yahoo.com>
To: RTI India <rti_india@egroups.com>
Cc: humjanenge@googlegroups.com
Sent: Sat, 18 December, 2010 8:34:26 PM
Subject: [HumJanenge] Delhi HC Upholds CIC Decision to provide info denied U/s 8(1)

(Maybe this post could attract an offense under the current norms set against cross posting. However, looking in to the larger public interest involved moderators may kindly over look the fault.)

In the WP filed by the Delhi Commissioner of Police against the CIC Decision allowing the disclosure of information to respondent DK Sharma against whom the police had carried out an investigation.

"The CIC found the denial of the information by the Petitioner by taking recourse of Section 8 (1) of the Right to Information Act, 2005 ('RTI Act') to be untenable. It was held that none of the clauses under Section 8 (1) covered subjudice matters and therefore, the information could not be denied."

The Delhi HC has ruled =

"The right of an applicant to seek such information pertaining to his own criminal case, after the conclusion of the trial, by taking recourse of the RTI Act, cannot be said to be barred by any provision of the CrPC. It is required to be noticed that Section 22 of the RTI Act states that the RTI Act would prevail notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 and any other law for the time being in force. "

For full text check link

http://www.indiankanoon.org/doc/580819/

Manoj Pai