Wednesday, August 18, 2010

Re: [rti_india] Re: expert advice of rti activits/users

 

Dear sroy
 
thanks for y r advice on subject,
 
i was present for every hearing, i made my best, he/she Ms did not argue the case, i did to best of my knowledge of RTI law.
 
could this decision may be challaned in Court at this stage,
 
 
 
 
some excerpts of judgement
 
18. The Commission has carefully considered the whole issue. It is certainly within the domain of the concerned Public Authority, which is the agency competent to do so having been thus authorised, to decide and determine as to whether disclosure would adversely affect the economic interest of the State or not. The Commission can only look into as to whether the determination by the Department about the probable effect of a particular policy disclosure is based on objective criteria or not or as to whether the Department has arrived at a particular conclusion in a reasoned, or in a mechanical or arbitrary manner. Here is a case where a Public Authority at the highest level has analyzed the whole issue at our behest and has given its considered opinion to this Commission about the possible effect of the disclosure on economic interest of the State. We must conclude that the implications of disclosure have been put to the closest scrutiny.
 

if every public authority is competent to decide whether information should be disclosed or not  ( i.e. has discretion to decide whether dissemination of information prejudicely effect the ecnomic interest, safey of state or impede the process of investigateion etc) , Then what Commission is suppose to do,
 
 
regards,
 
Kamal Anand


--- On Wed, 8/18/10, sarbajitr <sroy1947@yahoo.com> wrote:

From: sarbajitr <sroy1947@yahoo.com>
Subject: [rti_india] Re: expert advice of rti activits/users
To: rti_india@yahoogroups.com
Date: Wednesday, August 18, 2010, 2:12 PM

 
Hi

Once again this was Mr Tiwari's case which he put up to a
Full Bench for complete consideration on your issues.

You have not argued your case properly. I think it was
something to do with the fact that the person representing
you "Ms. Divya Jyoti Jaipuriar" was confused between her
sexuality.

PS: The link is in correct, here is the correct one
http://rti.india.gov.in/cic_decisions/Decision_11022008_11.pdf

Sarbajit

--- In rti_india@yahoogroups.com, Kamal Anand <peoplefortransparency@...> wrote:
>
> http://cic.gov.in/CIC-Orders/Decision_11022008_11.pdf
>
> i had filed second appeal with Central Information Commission, i am of the view that CIC skiped from deciding the issue, member of the group have expertize on the subject hence advice of my learned friends on the issue sought.
>
>
> regards,
>
> Kamal Anand
>


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