S. 20(1) RTI Act Which Prescribes Penalty For Default In Supplying Info Within Specified Time Not Mandatory: Chhattisgarh High Court

The Chhattisgarh High Court has held that the provision of ‘penalty’ prescribed under Section 20(1) of the Right to Information Act, 2005 (RTI Act), for default in supply of information within the period specified under Section 7(1), is not mandatory in nature. While dismissing a writ appeal against the same conclusion reached by a Single Judge Bench, the Division Bench of Justice Sanjay...

RTI Act | Public Information Officer Cannot Challenge Appellate Authority's Order Directing It To Disclose Information: Karnataka High Court

The Karnataka High Court has made it clear that under the Right to Information Act, a Public information Officer has no authority to prefer an appeal against an order passed by the Appellate Authority, directing him to furnish information to an applicant under the Act. The power to prefer an appeal challenging an order passed by the Appellate...

Delhi High Court Upholds CIC Order Denying Information To 2006 Mumbai Train Blast Convict On Documents Related To UAPA Ban On ‘Indian Mujahideen’

The Delhi High Court has upheld an order passed by the Central Information Commission denying information under Right to Information Act to a death row convict seeking documents related to the ban on Indian Mujahideen under Unlawful Activities (Prevention) Act, 1967.Justice Prathiba M Singh dismissed the plea of Ehtesham Qutubuddin Siddique, a...

Anti Dumping Rules Not Inconsistent With RTI Act, Disclosure Of Confidential Information Can Impact India's Economic Interests: Delhi High Court

Observing that disclosure of confidential information in anti-dumping proceedings can have a significant impact on country’s economic interest and trade relations, the Delhi High Court has said that same cannot be sought or subjected to disclosure under the Right to Information Act, 2005.Justice Prathiba M Singh observed that when the Anti-Dumping...

Restricting Right To Information Only To Citizens Contrary To Constitution, RTI Act; No Absolute Bar On Disclosure To Foreigners: Delhi High Court

Observing that restricting the right to information only to citizens would be contrary to the Constitution of India and Right to Information Act, the Delhi High Court has ruled that Section 3 of the RTI Act would have to be read as a "positive recognition of the right in favor of citizens but not as a prohibition against non-citizens."Under Section...

Reports And Dossiers Of Intelligence Agencies Can’t Be Disclosed Under RTI Act, State Police ATS Exempted: Delhi High Court

The Delhi High Court on Friday observed that the reports and dossiers prepared by intelligence agencies cannot be disclosed under the Right to Information Act, 2005. Justice Prathiba M Singh said that major public interest is in protecting safety and security of the country and not in disclosing such reports. “Reports and dossiers by intelligence...

Exempted Organisations Can’t Be Asked To Disclose Outcome Of Complaint About Money Laundering, Hawala Transactions Under RTI Act: Delhi High Court

The Delhi High Court has ruled that an exempted intelligence or security organisation under the Right to Information Act, 2005, cannot be asked to disclose the outcome of a complaint which does not relate to corruption or human rights violations. Setting aside a Central Information Commission (CIC) order directing the CPIO of Central Economic...

RTI | Personal Info Not Serving Public Interest Can't Be Disclosed: Gujarat HC Tells Judicial Officer Who Sought Transfer Communications Of Other Officers

Allowing a petition preferred by the Gujarat High Court administration, a single bench of Justice Biren Vaishnav quashed the order of the State Information Commission requiring the administration to disclose certain third party, personal information sought by a judicial officer under Right to Information Act.The bench reiterated that information...

Delhi High Court Upholds CIC Order Denying Information To Navy Commander On ACR Marks, Promotion Merit Lists

The Delhi High Court has observed that information relating to Annual Confidential Reports (ACRs) and senior personnel of Indian Navy would not be liable to be disclosed under the Right to Information Act, 2005. Justice Prathiba M Singh upheld an order passed by Chief Information Commission (CIC) rejecting an RTI application filed by a commander in...

Supreme Court's 1993 Order On Salaries To Imams Violated Constitution Of India, Set A Wrong Precedent: CIC

The Central Information Commission has observed that the Supreme Court's Judgment in All India Imam Organisation and v.Union of India and ors. [May 1993] was passed in violation of the constitution and had set a wrong precedent. It may be noted that in the All India Imam Organisation case (supra), the Supreme Court had directed the State...

Digital Personal Data Protection Bill Proposes To Amend RTI Act To Completely Bar Disclosure Of Personal Information

The draft of the Digital Personal Data Protection Bill, which was released by the Ministry of Electronics and Information Technology on November 18 for public comments, has a provision which proposes to amend the Right To Information Act 2005.Clause 30(2) of the draft proposes an amendment to Section 8(j) of the RTI Act, which will have the effect...

CBI Not Liable To Furnish Information Under RTI Act, Exempted U/S 24: Kerala High Court

The Kerala High Court recently observed that the Central Bureau of Investigation (CBI) is not liable to furnish any information sought under the RTI Act, as it is included in the second schedule in contemplation of Section 24 of the RTI Act which exempts certain organisations from the Act.As per Section 24 of the RTI Act, the Act shall not apply to...