Dear All,
When a PIO or an Information Commissioner authoritatively argues, "This is
not the sort of information that can be given to citizens under the RTI
Act", many of us are speechless, and unable to defend our right to
information. What are the relevant points of the RTI Act in our favour? How
can we prove that the point being used by PIOs to deny us information is
illogical?
Being unable to logically argue our cases before PIOs and Information
Commissioners, we falter. Even seasoned PIOs and Information Commissioners
speak from half-baked knowledge, unable to apply their mind systematically
and logically to the various sections, sub-sections and clauses of the RTI
Act.
*Did you know that the RTI Act entitles you, the appellant, to a detailed
justification for denial of information?* This is a fact that many
Information Commissioners never point out at the time of 2nd Appeal
hearings, and usually downplay. They don't ask PIOs to set down in writing
the reasons for denial; instead, they readily accept lame excuses in order
to waive penalties of flimsy or imaginary grounds.
*Section 7 (8) clearly says: *
*Where a request has been rejected under sub-section (1), the Central Public
Information Officer or State Public Information Officer, as the case may be,
shall communicate to the person making the request, *
* (i) the reasons for such rejection;*
* (ii) **the period within which an appeal against such rejection may be
preferred; and*
* (iii) **the particulars of the appellate authority.*
*Further, section 19 (5) states: *
*In any appeal proceedings, the onus to prove that a denial of a request was
justified shall be on the Central Public Information Officer or State Public
Information Officer, as the case may be, who denied the request.*
* *
*To defend ourselves, we must know what our rights are and where exactly
they are
under which clause of RTI Act 2005.*
As a remedy to widespread ignorance, RTI speaker G R Vora and I put our
heads together and created a checklist to compel PIOs to provide valid
reasons under RTI for denying information. The attached checklist
enumerates the myriad reasons for which information must NOT be withheld,
and the handful of reasons that allow a PIO to justifiably deny information.
In the near future, we hope to make this form compulsory for PIOs, whether
or not they are denying information. It would bring greater clarity and
compliance, and ease the task of both applicants and PIOs.
Please understand your various rights including many hidden ones by
studying this checklist (attached word file called "Form for PIOs denying
information to applicants") .
When you find a sub-section or clause cited, study the actual sub-section
etc. in its context by referring to the Word file of RTI Act 2005 (also
attached).
Study this and get extra confidence to deal with PIOs, 1st Appellate
Authorities and Information Commissioners. By correctly citing various
sections of the Act, you can reduce their scope to wrongly deny you
information.
As always, I welcome your inputs and feedback.
Warmly,
Krishnaraj Rao
98215 88114
* *
[Non-text portions of this message have been removed]
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