Sidhhi 28 June 2022
Om Prakash 29 June 2022
Leave alone cognizable offence, it is not even a noncognizable offence, if the PIO has not replied to your query under the RTI act.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 29 June 2022
G.L.N. Prasad (Retired employee.) 29 June 2022
Any remedies under RTI Act are only as per stipulations in the Act, and no court takes cognizance of any actions by stakeholders. Please go through Sec.23. Escalate to the First appeal to higher official to SPIO, Second appeal to IC, and finally writ. Perseverance is key to RTI success. Both for application and First appeals time frame fixed for response is 30 days for further appeals.
Anila Sabu 29 June 2022
Dear Querist,
Normally, a public authority must provide information to an applicant within 30 days after receiving their application. If the requested information relates to someone's life or freedom, it must be provided within 48 hours. The thirty days or 48 hours, as the case may be, shall be extended by five days in the event that the application is sent through the Assistant Public Information Officer or is sent to the incorrect public authority.
In accordance with a court decision, RTI applicants who do not receive a response from the PIO within 30 days may directly approach the SIC or CIC and file a complaint.
If no response has been obtained from either Public Information Officers (PIOs) or Appellate Authorities (AAs) within a certain time frame, Right to Information (RTI) applicants may file a complaint directly with State Information Commissions (SICs) or Central Information Commissions (CICs). If PIOs are not doing their obligations, the Kerala High Court also stated that SICs and CICs are entitled to and required to look into complaints from RTI petitioners. If they don't, PIOs will be punished according to how many days have passed since their last response.
But NO this will not amount to a congnisable offence.
The police station nearest the scene of the crime must receive a FIR. No police station may decline to file a FIR.
G.L.N. Prasad (Retired employee.) 29 June 2022
The following is such a specific stipulation replied by me earlier.
Section 23: Bar of jurisdiction of courts
No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.
I have not come across instance any Police Station registering the complaint from RTI Applicant in 17 years after enactment.
Sidhhi 30 June 2022