SOME CASES RELATES TO EXEMPTION OF RTI ACT, 2005

Updated on : 2020-Nov-29 13:51:41 | Author :

SOME CASES RELATES TO EXEMPTION OF RTI ACT, 2005

In our democratic country, it is also important to keep secrecy safe from those who want to abuse the act. Sometimes many cases are filed secretly to get a proper solution and the investigation also goes on secretly. Some persons want to get this type of secret information or the information that should be kept secret to protect the progression of our country. So, the exemption of the RTI Act is constituted. In this topic, we discuss some relevant information about the exemption of the RTI Act like 'In which cases we cannot file RTI', 'What is an exemption and not exemption', 'Cases relates to exemption', 'Condition of exemption of RTI Act under the constitution'.

 

IN WHICH CASES WE CANNOT FILE RTI/ WHERE RTI IS EXEMPTED

  • Some pieces of information which are related to sovereignty, integrity, security, strategic interest of India, are exempted from RTI.

  • In some cases which are related to commercial confidence, trade secret, or intellectual property.

  • Cases related to the fiduciary relationship.

  • Cases related to endangering life or physical safety or identification of the source of information.

  • Cases related to impeding the process of investigation.

  • Cabinet papers

  • Cases related to personal information that relates to privacy like to know about the educational qualification of the son of MLA.

  • Cases related to the information which attracts the Copyright Act.

  • Information relates to Intelligence and Security Organisations which are under section 24 of the RTI Act is exempted from RTI. The organizations are given below-

  • Intelligence Bureau (I.B.)

  • Research and Analysis Wing of the Cabinet Secretariat (R.A.W.C.S.)

  • Directorate of Revenue Intelligence (D.R.I.)

  • Central Economic Intelligence Bureau (C.E.I.B.)

  • Narcotics Control Bureau (N.C.B.)

  • Aviation Research Centre (A.R.C.)

  • Special Frontier Force (S.F.F.)

  • Border Security Bureau

  • Central Reserve Police Force (C.R.P.F.)

  • Indo-Tibetan Border Police (I.T.B.P.)

  • Central Industrial Security Force (C.I.S.F.)

  • National Security Guards (N.S.G.)

  • Assam Rifles

  • Special Service Bureau

  • Special Branch (CID), Andaman and Nicobar

  • The Crime Branch-CID, Dadra and Nagar Haveli

  • Special Protection Group

  • Central Bureau of Investigation

  • National Investigation Agency

  • National Intelligence Grid

  • Strategic Forces Command

  • Special Branch, Lakshadweep Police

  • Directorate General of Income Tax (Investigation)

  • National Technical Research Organisation

  • Border Road Development Board

  • Defense Research and Development Organisation

 

WHAT IS EXEMPTION AND NOT EXEMPTION

There are two types of exemption-1. Absolute exemption 2. Qualified exemption.

1. An absolute exemption means to withhold information.

2. A qualified exemption is applied in two cases.

• If public interest in disclosure of information had been shown largely, the disclosure of the information is ordered

• If there is no public interest in the disclosure of information then it will be exempted.

 

CASES

  • On 13 April 2007 Divya Raghunandan filed RTI Act to Dept. of Biotechnology to know information about genetically modified (GM) crops like the procedure of producing GM crops, harmful effects of producing this type of crops.

 

  • But the public authority Dept. of Biotechnology refused to provide this information as the information is commercial secrets of companies.

The commission ordered to disclose that information which may be effective for farmers and other communities and in the public interest but not for the commercial secrets to section 8 (1) (d) of the RTI Act and not exempted from disclosure.

 

  • On 29 June 2006, George Paul filed RTI to get his own examination paper of a competitive examination and marks obtained by him and other successful candidates.

The CIC ordered that the disclosure of the answer sheet can’t be provided to candidates, as it is a fiduciary relationship between the examiner and examinee. So, it is ordered to disclose only the list and marks secured by the other candidates; not the answer sheet as it falls under sections 8 (1) (e) and 8 (1) (j) of the RTI Act,2005.

 

  • P.P.K. Rana filed RTI to Delhi Police for a report of the vigilance inquiry which was against her; the public authority informed her that the information could not be provided which would impede the process of investigation.

The Commission ordered that the ‘gist’ (the confidential part) of the vigilance report could be kept confidential according to section 8 (1) (h) of the RTI Act but the concluding part would be disclosed to the appellant.

 

  • An applicant filed RTI for the information regarding the merit list for selection of candidates in the University but the PIO of the University refused to disclose it which was contained some documents along with some copyright information.

The Commission ordered that the copyright information would be exempted to disclose according to section 10 (1) of the RTI Act.

 

  • Chandrakant Vrajlal Fichadiya filed an RTI to obtain a copy of the map which was a piece of third-party information that may be allowed to disclose if the public interest outweighs otherwise it will be under the exemption of the RTI act.

 

  • Mr. Narayan Singh filed an RTI to Delhi Transport Corporation for his property dispute against his brother Hoshiar Singh. Dozens of RTI applications and hundreds of questions were filed against Hoshiar Singh and the application related to his personal information and third-party information. The applicant cleverly hid information and to harass the officers he takes every matter to the first and second appeal. The Commissioner observed him misrepresenting the matters. Such applications belong to the misuse of RTI.

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  • A fine of Rs. 75000 was imposed against an NGO by the Delhi High Court because of harassment of two MCD engineers by seeking their distasteful personal details i.e. the parentage of the engineers. The NGO named Paardarshita Public Welfare Foundation to defend itself said that the engineers were blackmailing.

 

CONDITIONS OF EXEMPTION UNDER CONSTITUTION

Section 8 (1) under the RTI act mentions exemptions against some confidential information under the RTI act.

Section 8 (2) under the RTI act provides for disclosure of information exempted if the larger public interest is served.

Under the Indian Evidence Act, the head of any department may refuse to provide any information according to sections 123, 124, 162 of the constitution.

According to the Atomic Energy Act, 1912 it shall be an offense to disclose information that is restricted by the Central Government.

According to the Central Civil Services Act, any government servant cannot communicate with any official documents except the special order of the government.

According to the Official Secrets Act, 1923 any government office can mark a document as confidential to prevent its publication.

 

For more information about RTI please click these links-

RIGHT TO INFORMATION ACT AT A GLANCE

PROCESS OF FILING RTI ACT

BASIC INFORMATION OF THE RTI ACT

ROLES OF DESIGNATED OFFICERS

USE AND MISUSE OF THE RTI ACT

CONTROVERSIAL FACTS UNDER THE RTI ACT, 2005  

RTI FILING IN EDUCATIONAL PURPOSES & COMPETITIVE EXAMINATIONS

FILING RTI IN CASE OF PROPERTY MATTER

RTI IN PROVIDENT FUND AND ESIC CASES

PENALTIES OF DESIGNATED OFFICERS UNDER RTI

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