Dear Friends,
I would like to draw your attention to the provision Article 20(1), of Part
III - Fundamental Rights, Constitution of India, quoted below:
Quote:
TITLED: Protection in respect of conviction for offences
Article 20. (1) No person shall be convicted of any offence except for
violation of a law in force at the time of the commission of the Act charged
as an offence, nor be subjected to a penalty greater than that which might
have been inflicted under the law in force at the time of the commission of
the offence.
Unquote
So as per the Fundamental Rights of a citizen guaranteed under the Article
20 of the Constitution, no person can be convicted of any offense except for
the violation of a law in force.
The Honorable Courts draw their power from the labyrinth of law presently in
force, and therefore a Honorable Court could not have penalized an applicant
under the RTI Act, 2005, because the RTI Act has no such provision.
The Honorable Court may have penalized the citizen/NGO under some provision
of another Act/Law (A copy of the judgment can help understand further).
Also, by virtue of the Article 20 of the Constitution, the authorities under
the RTI Act i.e. PIO, FAA and SIC/CIC, too cannot penalize an RTI applicant,
because the RTI Act does not have any such provision.
Moreover, powers of authorities under the RTI Act are limited to
implementing the provisions of the RTI Act, and for enforcing any provision
of law other than the RTI Act, they too will have to approach the respective
authority responsible for implementing those provisions of law.
Regards,
Sunil.
On Mon, Oct 25, 2010 at 12:05 AM, Babita Singh
<babitasinghindia@yahoo.com>wrote:
>
> In RTI act , nowhere the word " Offensive RTI " is there.RTI query is a rti
> query. if this is under exclusion clause , the same should be told to
> pardarshita by the pio. personal questions can be asked under rti and these
> should be decided as per section 8 and 11 of act . the court should
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