Friday, January 4, 2013

Re: [IAC#RG] Citizens to attach ID proof with RTI applications: HC


Citizens to attach ID proof with RTI applications: HC
http://www.hindustantimes.com/Punjab/Jalandhar/Citizens-to-attach-ID-proof-with-RTI-applications-HC/SP-Article1-984553.aspx

This News Item is in respect of the order oh Hon'ble Punjab & Haryana High Court in C.W.P. No. 4787 of 2011 passed on 02 November 2012 against the order passed by Hon'ble Mr. R.I. Singh, Chief Information Commissioner Punjab in CC-341 of 2011 dated 03.03.2012. Both the Hon'ble P&H HC Jusdgement as well as order of Hon'ble RI Singh is attached. 

 I have been advocating that the ID proff must come with the RTI Application for long. This was to ensure that the applicant is genuine. However there is still a flaw in it. Theese days the Citizens have to submit proof of identity in almost every matter while dealing with the government, banks, share market, telephone companied and what not. The ID proof submitted to them are prone to misuse as has been seen in the case of Mobile SIM Cards etc, and in MGNREGA. it still donot give any guarantee that genuine person is making RTI Application. Many people see it a harrassment of genuine information seeker. This may also be revealation of the Name & Address of the applicant, while apllicant may chose a different address to keep his identity under veil for the reasons of security, as is generally the RTI Activists are under threats from the vested interests and in past many were killed or assaulted. The RTIApplication once received in the office of a Public Authority should be treated as CONFIDENTIAL and the identity must not be disclosed. 

With this order, atleast one grevience of the Public Authorities is assuaged. The fake information seeker will be iliminated, without having to rsort to the amendment of the RTI Act, 2005.

IMPORTANT 
Para No. 20, 21, 22, 23 & 24 are also very important and points a fingure towards the functioning of the Punjab Information Commission. 


WITH WARM REGARDS
Surendera 

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On Fri, Jan 4, 2013 at 8:05 PM, Sandeep gupta <drsandgupta@gmail.com> wrote:
Please find enclosed a news regarding an order of the High Court of Punjab and Haryana. This news is available at the following link:
The citizens will now have to attach their identity (ID) proof along with the applications seeking information under the Right to Information (RTI) act from the public authorities, the Punjab and Haryana high court has ruled. Justice Rajesh Bindal while disposing off a case between Fruit and Merchant union, Amritsar and the state information commission (SIC), Punjab, recently said that it has come to the notice of this court that in some cases, the RTI applicants were not identifiable.

"Further, in all the complaints before the public information officer, the appeal before the first appellate authority or any proceedings before the state information commission, Punjab, it should be ensured that the applicant files his or her proof of identity along with the application. It will ensure that only genuine persons file applications," the court said.

Besides, the court directed the registry to send a copy of the order to the Central Information Commission, New Delhi, State Information Commission, Haryana and the Chandigarh home secretary for compliance.

Meanwhile, the SIC, Punjab authorities were contemplating on issuing a list of the ID proofs, which would be admissible for lodging second appeal or complaint cases with the commission. "The passport, photo identity card issued by the Election Commission of India and ration card are amongst the other official documents currently being considered as ID proofs in this regard even as a final decision will be taken soon. The same will be notified accordingly," the sources said.

--
Dr. Sandeep Kumar Gupta
1722, Sector 14, Hisar-125001, INDIA
Phone: 91-99929-31181





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