Tuesday, February 21, 2012

[HumJanenge] IC SG upholds excemption U/s Sec 8(1)(g)

In a rare case IC Shailesh Gandhi had upheld the decision of the CPIO of a Public Authority in denying information U/s 8(1)(g)

Applicant one Bilal Ahmad Reshi of Srinagar Kashmir had sought certain information on stringers from the CPIO of Doordarshan Srinagar. The CPIO had denied the information U/s 8(1)(g). In a subsequent communications, as described in the CIC Decision the CPIO informed that the requested information :-

"is very confidential as the Stringers involved are doing anti-militancy work and it will jeopardize their lives. This RNU has earlier also lost some staff members who were brutally killed by the militants for being associated with us. Even at this time we are engaged in fighting the militancy and the programmes like "Sach to Yeh Hai", Sadbhawana and other security related programmes have become a thorn in the neck of the militants"

What is more interesting is that the respondent allege that the applicant and his family were involved in fraudulent practices etc.

The IC has ignored these allegations, but upheld the decisions of the CPIO stating "The Respondent also states that some stringers have been killed and hence it is necessary that these named should not be disclosed. It appears that the Respondent's plea has some merit and hence the Commission agrees that it was exempt under Section 8(1)(g) of the RTI Act."

Check link for full decision

http://www.rti.india.gov.in/cic_decisions/CIC_SG_C_2011_000995_171434_M_76846.pdf

This decision is dated 12th January, 2012 yet uploaded only recently.

Manoj

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