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Samuel Fred   11 August 2021

RTI query

On what ground or reason can the Public Information Officers reject RTI request?


Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     11 August 2021

The RTI Act allows public authorities to reject RTI requests on a number of grounds, ranging from information which would endanger life and safety to that which involves irrelevant personal information, Cabinet papers, foreign governments, copyrights, or sovereignty, security and intelligence matters

Kevin Moses Paul   11 August 2021

In relation to your query, let me inform you that the constitutional basis for this is that Right to Information has been considered to be inherent to Article 19(1)(a). Hence, the denial also has to be as per the limits laid down by Article 19(2) which states:” (2) nothing in sub clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence”.

Moreover, it's very important for us to understand that giving information to the citizens must be the rule; and denying it an exception.

I've laid down some possible grounds on which information can be denied down below, do have a look at them in order to attain more input about the concerned topic:-

⭕The organisation is not a Public authority - eg. a Cooperative Society, or a Private corporate or Institution, not substantially financed or controlled by the Government,

⭕What is asked for ‘not information’ as defined under the Act: Information has to exist. Interpretations of law or decisions which do not exist, or reasons for decisions which do not exist will not be covered under the definition of ‘information’,

⭕The information asked for falls in the exemptions of Section 8(1) or under Section 9 applies. Section 9 bars giving information which would violate private party copyright,

⭕Providing extracts from the records is required to be done as per Section 2(j)(ii) unless it would require too much time. If giving the information would require too much of the resource of the Public authority, it cannot refuse to give the information,

⭕If the form in which the applicant has asked for information would require too much time of the Public authority, it may offer it in another format. A common practice adopted by PIOs when the information gathering or collating in a particular format would require excessive time is to offer inspection of files to the applicant.

Hope the above mentioned information helps you solving your doubts!

Regards
Kevin M. Paul

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