RTI can be used even if information not relevant or germane and even if applicant has access to material through other means; Delhi HC [Read the Judgment]
10 years, 2 months ago

RTI can be used even if information not relevant or germane and even if applicant has access to material through other means; Delhi HC [Read the Judgment]

Live Law  

Setting aside an order passed by the CIC, the Delhi High Court remanded a case back to CIC for consideration in the light of the observations. Justice Vibhu Bakhru emphasized on two points, first being that the question whether the information sought by the petitioner is relevant or necessary, is not relevant or germane in the context of the Act; a citizen has a right to information by virtue. Justice Vibhu Bakhru emphasized on two points, first being that the question whether the information sought by the petitioner is relevant or necessary, is not relevant or germane in the context of the Act; a citizen has a right to information by virtue of Section 3 of the Act and the same is not conditional on the information being relevant. The second point was that the petitioner has access to the material relied upon by the prosecution does not prevent him from seeking information, which he considers necessary for his defence The petitioner, Mr. Adesh Kumar had challenged an order dated 16.04.2014 passed by the Central Information Commission rejecting the petitioner's appeal against an order passed by the First Appellate Authority. Referring to section 8 of the Act, the Court observed, "A plain reading of the aforesaid provision indicates that information which would impede the process of investigation or apprehension or prosecution of offenders could be denied….In the present case, neither the FAA nor the CIC has considered as to how the information as sought for would impede the process of investigation or apprehension or prosecution of the petitioner and other accused."

History of this topic

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers
3 weeks, 6 days ago
PM Modi degree row: Delhi HC reserves verdict on Delhi University's plea against info disclosure
1 month ago
The RTI is now the ‘right to deny information’
1 month, 1 week ago
Right To Information (RTI) Act: All India Annual Digest 2024
1 month, 2 weeks ago
Passport, Personal ID Details Can't Be Disclosed To Third Party Under RTI Act: Delhi High Court
1 month, 2 weeks ago
Info Requiring Analysis Of Legal Proceedings Outside Purview Of RTI Act: Delhi HC Quashes Order To Inform On Ex-Parte Injunctions Given By ADJ
Trending News
1 month, 4 weeks ago
Info Requiring Analysis Of Legal Proceedings Outside Purview Of RTI Act: Delhi HC Quashes Order To Inform On Ex-Parte Injunctions Given By ADJ
Trending News
1 month, 4 weeks ago
Delhi High Court Asks CIC To Decide If 'Ram Janmbhoomi Teerth Kshetra' Trust Is Public Authority Under RTI Act
1 month, 4 weeks ago
RTI's Purpose Not To Satisfy Curiosity: Delhi University Opposes Disclosure Of PM Modi's Degree Information
2 months, 2 weeks ago
RTI Act's purpose not to satisfy curiosity: Delhi University in PM's degree row
2 months, 2 weeks ago
[PM Modi Degree Row] 'RTI Act's Purpose Not To Satisfy Someone's Curiosity': DU Tells Delhi High Court
Trending News
2 months, 2 weeks ago
For enforcing RTI, High Courts come under the jurisdiction of Central and not State Information Commission
2 months, 3 weeks ago
Commissioner Cannot Use Its Power U/S 107(2) CGST Act To Review Order Passed By Appellate Authority: Delhi High Court
2 months, 4 weeks ago
Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It
3 months, 2 weeks ago
RTI Act: CIC Upholds Denial Of Information On Blocking Of 'X' Accounts Covering Farmers' Protests And Those Critical Of Government
3 months, 4 weeks ago
RTI Act Not Applicable To CBI, Punjab & Haryana HC Rejects Former Income Tax Officer's Plea Seeking Info On Agency's 'Trap' Against Him
3 months, 4 weeks ago
After RTI Activist Flags Vacancies In Information Commissions, Supreme Court Seeks Data From Centre & States On CIC/SICs
4 months ago
High Court Allows Review Petition, Recalls Direction to Respondents to Appoint Petitioner Due to Low Merit
5 months, 2 weeks ago
Notice slapped on Chandigarh engineering dept for not providing RTI info
7 months, 1 week ago
"Improper": Kerala High Court Pulls Up State Public Service Commission For Destroying Records During Pendency Of RTI Application
8 months, 1 week ago
CIC has powers to frame laws, set up benches: SC
8 months, 2 weeks ago
RTI Act | Should Documents Available In First Appeal Records Be Necessarily Filed At The Time Of Second Appeal? Supreme Court To Consider
8 months, 3 weeks ago
CIC upholds decision of Rashtrapati Bhavan on RTI query
9 months, 2 weeks ago
Madras High Court Asks CIC To Conduct Fresh Inquiry Into Alleged Non-Disclosure Of Information Regarding Govt Action During COVID Pandemic
10 months ago
Can’t refuse information under RTI on grounds that it’s ‘bulky’, says Delhi High Court
11 months ago
Delhi HC sets aside CIC order asking CBDT to give information on Ram Mandir Trust
1 year, 1 month ago
Official not furnishing info sought via RTI Act, alleges petitioner in TN
1 year, 1 month ago
CBI not totally exempted from RTI Act: Delhi High Court
1 year, 1 month ago
Delhi HC quashes CIC order on PM CARES Fund information disclosure
1 year, 2 months ago
Delhi HC quashes CIC order directing I-T dept to disclose PM CARES Fund info
1 year, 2 months ago
Right To Information Act will become a dead letter if...: Supreme Court to Centre
1 year, 5 months ago
Explained | Has the Right to Information been weakened over the years?
1 year, 7 months ago
Punjab & Haryana High Court Issues Directions To RTI Authorities Amid Rise In Cryptic, Non-Speaking Orders
1 year, 7 months ago
High court: Cryptic orders being passed in RTI complaints
1 year, 7 months ago
Central Info panel pulls up IIT-M for delay in providing information on ‘Mission Mode Recruitment’
1 year, 10 months ago
RTI Act | Public Information Officer Cannot Challenge Appellate Authority's Order Directing It To Disclose Information: Karnataka High Court
1 year, 11 months ago
Delay in RTI info: Central commission warns Bhalwal official for violating RTI Act
1 year, 11 months ago
What Is The Scope Of Scrutiny An Officer Is Required To Make While Clearing A Petition For Listing? Delhi High Court Asks Registrar To Clarify
1 year, 11 months ago
Delhi High Court Seeks Centre’s Response On Pleas Seeking Information Relating To Collegium Recommendations Under RTI Act
1 year, 11 months ago
Anti Dumping Rules Not Inconsistent With RTI Act, Disclosure Of Confidential Information Can Impact India's Economic Interests: Delhi High Court
2 years ago
[RTI Act] Second Appeal By PIO Maintainable Even If He Did Not File First Appeal U/S 19(1): Karnataka High Court
2 years ago
PIO Can't Be Compelled To Furnish Information If RTI Application Doesn't Contain Particulars Of Information Sought: Karnataka High Court
2 years, 1 month ago
RTI | Delhi High Court To Hear Pleas Seeking Copies Of Documents Relating To Collegium Recommendations On April 12
2 years, 1 month ago
Delhi High Court refuses 2006 Mumbai train blast convict’s plea to disclose probe report on the case
2 years, 1 month ago
Exempted Organisations Can’t Be Asked To Disclose Outcome Of Complaint About Money Laundering, Hawala Transactions Under RTI Act: Delhi High Court
2 years, 2 months ago
RTI | Personal Info Not Serving Public Interest Can't Be Disclosed: Gujarat HC Tells Judicial Officer Who Sought Transfer Communications Of Other Officers
2 years, 2 months ago
Lawyer Moves Delhi High Court Seeking Disclosure Of Information Regarding Procurement, Funding Of COVID-19 Vaccines
2 years, 3 months ago
RTI Act: Delhi High Court Quashes CIC Order Asking MEA To Disclose Passport Details Of 'Estranged' Husband To Wife
2 years, 4 months ago
India is losing its cherished right to know
2 years, 4 months ago
‘CBI Exempt from RTI Act’: Kerala High Court Upholds Single-Judge Bench’s Order
2 years, 4 months ago

Discover Related