Wednesday, November 21, 2012

[rti_india] Wrong Interpretation of Section 4 of RTI Act, 2005 information as personal infor

 

Wrong Interpretation of Section 4 of RTI Act, 2005 information as personal information and exempted under Section 8(1)(j) of the RTI Act, 2005.
Girish Ramchandra Deshpande Versus Cen. Information Commr. & Ors.
Supreme Court of India Logic to deny information
if some document is exempted for its certain part, then similar information to non exempted part is also exempted under RTI act.
Fault in the logic given in the Supreme Court order.
1. All the information contain in the exempted document became exempt. (it make Section 10 of RTI Act redundant).As per Section 10 of RTI Act, information , which is not covered/ exemption under Section 8/9 of the RTI Act, 2005 should be given from exempted document .
2. Information denied are Section 4 information. There is a strong Public interest displayed as per the fact given by the Supreme Court of India ( Government is giving similar information proactively . Information/ detail of Politician / Government servant is on different footing than the private individual. Supreme Court of India
Complete summarised note is on web.
https://docs.google.com/document/d/19RZEvjSINuR9cEcxFM56U12UGKEWrXkq9Rzd_R_ywew/edit

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