Re: [HumJanenge] Info on cars registerd in the MV dept in 2009

Dear Mr Bhanot

1) There is nothing specific in Bhagat Singh to support your case. In
any case Bhagat Singh has been weakened by so many subsequent
judgments of the same Delhi High Court, and as Mr A.N.Tiwari so aptly
demonstrated in that famous "split decision"

2) The proviso to 8(1)(j) is merely a reiteration of the principles of
the Representation of People Act, ie. MPs (and Parliament by
extension) are merely representing the citizens at large. It is not an
enabling provision at all.

3 Lastly, your remark that information submitted for statutory
processes cannot be deemed to be personal information is flawed.

There is a large body of orders / caselaw which upholds the SIC's
order in the present MV case.

On Fri, Jan 14, 2011 at 7:35 PM, Surendera M. Bhanot
<surendera@avissoftware.com> wrote:
> Section 8(1)(j) says: information which relates to personal information the
> disclosure of which has no relationship to any public activity or interest,
> or which would cause unwarranted invasion of the privacy of the individual
> unless the Central Public Information Officer or the State Public
> Information Officer or the appellate authority, as the case may be, is
> satisfied that the larger public interest justifies the disclosure of such
> information:
>
> Provided that the information which cannot be denied to the Parliament or a
> State Legislature shall not be denied to any person.
>
> Information disclosed as a Statutory Requirement is NO PERSONAL INFORMATION
> and does not fall under section 8(1)(j).
>
> For one - you may see the link
> cic.gov.in/hc-rulings/bhagatsingh-vs-cicandors.pdf and
> www.rtigateway.org.in/Documents/CaseLaw/Section%208.pdf
>
> If you search the net you will find a score of information in this regard.
>
> Moreover the proviso to thection 8(1)(j) syas ; the information which cannot
> be denied to the Parliament or a State Legislature shall not be denied to
> any person.
>
> This is the acid test.
>
> Have a good time.
>
> On Fri, Jan 14, 2011 at 6:59 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
>>
>> Dear Mr Surendra Bhanot
>>
>> You have made many sweeping assertions which do not correspond
>> with the ground realities in terms of a) citizens's experience b) CIC
>> orders c) High Court judgments/decisions.
>>
>> I therefore request you to provide the supporting basis for your
>> assertions, and so as to update my own knowledge of this subject
>>
>> Warmly
>> Sarbajit
>>
>> On Fri, Jan 14, 2011 at 2:48 PM, Surendera M. Bhanot
>> <surendera@avissoftware.com> wrote:
>> > Any information provided to the authorities in compliance of a statutory
>> > requirement is not a personal information. Only information related to
>> > commercial interest or of copy right/patent/trademark etc. cannot be
>> > disclosed.
>> >
>> > The Income Tax Returns of the people are disclosed under the the RTI.
>> > There
>> > are many examples/orders to this effect.
>> >
>> > Surendera M. Bhanot
>> > surendera@avissoft.com
>> >
>> > On Fri, Jan 14, 2011 at 11:46 AM, Sarbajit Roy <sroy.mb@gmail.com>
>> > wrote:
>> >>
>> >> Yes the PIO/FAA/CIC/SIC was justified in denying you the information.
>> >> The information requested is clearly under the scope of exemption
>> >> 8(1)(j) being personal information which can cause invasion of privacy
>> >> of individuals.
>> >>
>> >> Sarbajit
>> >>
>> >> 2011/1/11 Ashok R. Mansata <ashokaol@hotmail.com>:
>> >> > Dear Friends,
>> >> > I had made an application to the Motor Vehicles Dept asking them for
>> >> > the
>> >> > names and addresses of all the persons who had purchased cars in 2009
>> >> > and
>> >> > registered them in the MV Dept. However the information was refused.
>> >> > Even on
>> >> > a second appeal before the State Info Commissioner, the Info was
>> >> > denied
>> >> > to
>> >> > me.
>> >> > Please advise:
>> >> > a) Wes the tate Chief Info Commissioner justified in denying me the
>> >> > info?
>> >> > b) What is the remedy before me?
>> >> > Thanks,
>> >> > Ashok
>> >> >
>> >
>> >
>> >
>> > --
>> > Warm Regards
>> >
>> > Surendera M. Bhanot
>> > - President, RTI Help & Assistance Forum Chandigarh
>> > - Youth for Human Rights International YHRI - South Asia
>> > - CEO, Avis Software, Chandigarh
>> > - Convener & Life Member, Consumers Association Chandigarh
>> > - Jt. Secretary, Amateur Judo Association of Chandigarh
>> > - Member, SPACE - Society for Promotion and Conservation of Environment,
>> > Chandigarh
>> > No. 3758, Sector 22-D, Chandigarh-160022
>> > Mob: 919-888-810-811
>> > PHONE: 91-172-3013240
>> > FAX: 91-172-2655763
>> > Mail Me
>> >
>> >
>
>
>
> --
> Warm Regards
>
> Surendera M. Bhanot
> - President, RTI Help & Assistance Forum Chandigarh
> - Youth for Human Rights International YHRI - South Asia
> - CEO, Avis Software, Chandigarh
> - Convener & Life Member, Consumers Association Chandigarh
> - Jt. Secretary, Amateur Judo Association of Chandigarh
> - Member, SPACE - Society for Promotion and Conservation of Environment,
> Chandigarh
> No. 3758, Sector 22-D, Chandigarh-160022
> Mob: 919-888-810-811
> PHONE: 91-172-3013240
> FAX: 91-172-2655763
> Mail Me
>
>