Potential Cabinet Papers Yet To Be Brought Before Council Of Ministers Exempted From Disclosure Under RTI Act: Kerala High Court

The Kerala High Court has ruled that potential cabinet papers which have not yet been brought before the Council of Ministers are exempted from disclosure under the Right to Information Act.Section 8(1)(i) of the RTI Act exempts disclosure of cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers.Justice Murali Purushothaman held that...

RTI Act | Penalty U/S 20(2) For Destruction Of Information Sought Not Attracted In Absence Of Malafide: Gujarat High Court

The Gujarat High Court has held that where any information sought under the Right to Information Act is destroyed and it is not the case of malafide destruction of information, penalty under Section 20(2) of RTI Act shall not be attracted.Section 20 stipulates disciplinary action against a Public Information Officer where information sought is not...

Plea Of Army For Exemption From RTI: An Approach Devoid Of Merits

In the landmark judgment of SP Gupta Vs Union of India (1981), Supreme Court of India held, "the concept of open government is the direct emanation from the right to know, which seems to be implicit in the right of free speech and expression guaranteed under article 19(1) of Constitution." Besides Apex court, many high courts and civil...

"Will Benefit Students" : CIC Directs Bar Council Of India To Publish Inspection Reports Of Law Colleges On Website

The Central Information Commission has directed the Bar Council of India to publish on its website the inspection reports of law colleges. The CIC observed that the disclosure of the inspection reports of the law colleges in the public domain will benefit the student community at large.The Information Commissioner Saroj Punhani passed the order in...

Delhi HC Dismisses Students' Plea Requiring GGSIP University To Provide Certified Copies Of Answer Scripts As Per Fee Prescribed Under RTI Rules

RTI Rules shall not apply in derogation of procedure/fees prescribed by University.

Certified Copies Of Answer Scripts Written By Applicant Can Be Provided Under RTI Act During Ongoing Criminal Investigation: Karnataka High Court

The Karnataka High Court has dismissed a petition filed by the state government challenging an order of the State Information Commission which directed the authority to provide certified copies of answer scripts written by the applicant for the post of Assistant Public Prosecutor, in the year 2013. The Member Secretary of APP Cum AGP...

IBBI First Appellate Authority Allows RTI Application By A Company Seeking Information Regarding Complaint Against IRP

The Executive Director and First Appellate Authority, Santosh Kumar Shukla, IBBI in Utility Premises Private Limited v. Central Public Information officer allowed the RTI application filed by Utility Premises Private Limited seeking information regarding the complaint filed by it against the IRP, Mr. X. The Central Public Information...

Tripura High Court Dismisses PIL Challenging Constitutionality Of Section 11 Of The Right To Information Act

The Tripura High Court last week dismissed a Public Interest Litigation (PIL) plea which challenged the constitutional validity of Section 11 of the Right to Information Act, 2005 on the ground that the same is ultra-vires of Article 14 and 21 of the Constitution of India.Essentially, the petitioner was concerned with the 'deplorable' condition of...

Take A Decision Over Establishment Of Online RTI Portal In UT In 3 Months: JKL High Court Directs UT's Chief Secretary

The Jammu and Kashmir and Ladakh High Court on Thursday directed the Chief Secretary of the Union Territory of J&K to take a decision over the establishment of an RTI portal for the UT of J&K within the period of 90 days.The Bench of Chief Justice Pankaj Mithal and Justice Sindhu Sharma issued this order on a Public Interest Litigation...

Social Worker Not Exempt From Exceptions U/S 8 RTI Act, Must Demonstrate Bona Fides In Larger Public Interest: Bombay High Court

Claims of being a "social activist" are not enough to get information under the RTI Act, the application must show details sought are bona fide in larger public interest, and without causing "unwarranted invasion of privacy of the individual" under Section 8(1)(j) of the RTI Act, the Bombay High Court has held. "The logic seems to be this:...

'Public Authority' & 'Public Information Officer' Under RTI Act, 2005: Jharkhand High Court Explains Difference

Upholding the order of the State Information Commission, the Jharkhand High Court recently held that the State Information Commission has the power to pass an order of compensation by resorting to the provision of Section 19(8)(b) of the Right to Information Act, 2005. Noting the difference between Public Authority and Public Information Officer,...

RTI Plea Seeking Details Of Supreme Court Collegium's December 2018 Meeting Rejected By CIC

The Central Information Commission (CIC) in a recent decision upheld an order of the First Appellate Authority under the Right to Information (RTI) Act denying information sought regarding the decisions taken by the Supreme Court Collegium in a meeting held on December 12, 2018. Importantly, activist Anjali Bhardwaj had filed an RTI Application...