RTI for citizens Right to Information: [rti_india] Re: Sec 4(1)(a) and who has "access" to computerised and networked records...

Re Pt #1

"2(j) "right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to—
(d) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through PRINTOUTS WHERE SUCH INFORMATION IS STORED IN A COMPUTER OR IN ANY OTHER DEVICE;"

If the information is in the form of a diskette you can get a diskette, if it is in the form of a video-casette you can get a video-cassette. If it is STORED in a COMPUTER it must be given
only as a printout. Converting from one form to another - such as video-casette to DVD will disproportionately divert the resources ..<wink>

re Pt # 2
Since there are over 1,000 (low guess) such SC decisions you may
contact competent counsel. May vs Shall is the bread and butter
of SC.

Sarbajit

--- In rti_india@yahoogroups.com, Sunil Ahya <sunilahya@...> wrote:
>
> Dear Sarbajit,
>
> 1. With reference to point no. 6 of your contention:
>
> Quote:
> The RTI Law is clear .. if the info is already in the electronic form, the
> PIO is allowed to provide PRINTOUTS (not photocopies) of the info at Rs.2
> per page instead of a CD at RS.50.
> Unquote
>
> Can you please quote and share with us the relevant section including
> sub-section of the RTI Act supporting your above quoted inferred contention.
>
> 2. With reference to our earlier discussions on the subject matter of
> interpretation and implication of the use of word "SHALL" (mandatory /
> voluntary / discretionary) in an Act, can you please share with us the link
> or attach a soft copy of the decision of Supreme Court wherein this
> particular question of law is decided.
>
> Thanks,
>
> Sunil.
>
>
> On Sat, Jul 3, 2010 at 11:03 PM, sarbajitr <sroy1947@...> wrote:
>
> >
> >
> > Dear Karira
> >
> > 1) Mine is the oldest pending RTI Act case in the World!
> >
> > 2) The case is all about section 4 disclosure.
> >
> > 3) I am representing the citizens of India when this matter
> > reaches the SC when CIC goes in for SLP.
> >
> > 4) What I decide is good enough to be disclosed to the citizens of India
> > u/s 4(1)(a) shall be conclusively confirmed by the SC.
> >
> > 5) As a citizen I demand instant and complete access to all information
> > published by the public authorities u/s 4(1)b, 4(1)c.
> > Computerisation of records is only a process to facilitate my access to
> > such information free of cost or to any other information I apply for to be
> > provided to me against payment. There is no court in India which would
> > seriously disagree with me on this point.
> >
> > 6) BTW, you did not read IC(SM) properly while praising his views.
> > He said "The objective behind Section 4(1)(a) of the Right to Information
> > (RTI) Act is to encourage public authorities to computerise their operations
> > and activities as much as possible so that the public can access any
> > information easily through internet; surely the intention is not to multiply
> > paperwork by photocopying reams of data even if it is available digitally."
> >
> > You will note he uses the following words
> > The OBJECTIVE ... is to ENCOURAGE ...computerise AS MUCH AS POSSIBLE ...
> > the PUBLIC ... ACCESS any information through INTERNET ... IF it is
> > available digitally.
> >
> > The RTI Law is clear .. if the info is already in the electronic form, the
> > PIO is allowed to provide PRINTOUTS (not photocopies) of the info at Rs.2
> > per page instead of a CD at RS.50.
> >
> > Sarbajit
> >
> >
> > --- In rti_india@yahoogroups.com <rti_india%40yahoogroups.com>, C K Jam
> > <rtiwanted@> wrote:
> > >
> > > Mr Sarbajit,
> > >
> > > You, as a moderator can always decide whether it was conclusive or
> > not...depending on which side of the bed you got out from in the
> > morning....just like the 180 degree turn of Ex super Babu IC SM !
> > >
> > > For me, it was (and still is) inconclusive.
> > >
> > > RTIwanted
> > >
> >
> >
> >
>
>
>
> --
> It is not always the same thing to be a good man and a good citizen -
> Aristotle
>