explanations:grounds-for-rejection
Differences
This shows you the differences between two versions of the page.
Both sides previous revisionPrevious revision | Next revisionBoth sides next revision | ||
explanations:grounds-for-rejection [2018/06/04 14:04] – Shrawan | explanations:grounds-for-rejection [2018/06/04 14:17] – Shrawan | ||
---|---|---|---|
Line 58: | Line 58: | ||
</ | </ | ||
However, it would be wrong to refuse to provide a collation or extracts from what is already in records. Section 7(9) should only be invoked when collation or extracting information is going to take too much time. In such an event, the PIO could offer photocopies of the complete records or allow an inspection. The choice should rest with the applicant. | However, it would be wrong to refuse to provide a collation or extracts from what is already in records. Section 7(9) should only be invoked when collation or extracting information is going to take too much time. In such an event, the PIO could offer photocopies of the complete records or allow an inspection. The choice should rest with the applicant. | ||
+ | |||
+ | Denial of Information under Section 8 | ||
+ | |||
+ | // | ||
+ | |||
+ | The PIO must explain how the disclosure of information is likely to ‘prejudicially affect the sovereignty and integrity of India, or the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence’. If no specific reasoning is given to justify denial, the information must be provided. | ||
+ | |||
+ | // | ||
+ | |||
+ | The exemption will only apply when any matter has been specifically and expressly forbidden to be made public by a court or tribunal. Even if an issue is subjudice, the information has to be provided. This exemption will only apply if a specific order of the Court or tribunal says the particular information has been prohibited from disclosure. Such a disclosure would be contempt of court and hence barred. | ||
+ | |||
+ | // | ||
+ | // | ||
+ | |||
+ | This will primarily apply where there is a legal stipulation to present some information like a report to Parliament or the Legislature. This provision will also apply when a specific order has been given by the Legislature to avoid disclosing some information in public domain or to prohibit some proceedings of the Parliament or Legislature from being made public. | ||
+ | |||
+ | There is a common practice of governments appointing Commissions of Inquiry and often not making the reports public. Since the report has not been placed before Parliament can it be given in response to an RTI application? | ||
+ | |||
+ | As per Section 3(4) of the Commissions of Inquiry Act, “The appropriate Government shall cause to be laid before each House of Parliament or, as the case may be, the Legislature of the State the report, if any, of the commission on the inquiry made by the Commission under sub-section (1) together with a Memorandum of the action taken thereon, within a period of six months of the submission of the report by the commission to the appropriate Government.” | ||
+ | |||
+ | If it has not been placed within six months before the Parliament, or State Legislature, | ||
+ | |||
+ | Another important point which must be noted is that if some information is denied to Legislature, | ||
+ | |||
+ | // | ||
+ | |||
+ | To qualify for this exemption, it must be established that it is ‘commercial confidence, | ||
+ | |||
+ | As an example, if a Company is negotiating with some other customers for some orders and discloses this to the Public authority, it may be claimed that it is information given in commercial confidence and disclosing this information could damage its competitive position. Similarly, if a formula/ formulation is disclosed by a company, its disclosure could be exempted since disclosure could harm its competitive position. If there is no possibility of competition, | ||
+ | |||
+ | // | ||
+ | |||
+ | The fiduciary relationship is defined as “a relationship in which one person is under a duty to act for the benefit of the other on the matters within the scope of the relationship.” “Fiduciary relationship usually arises in one of the four situations: (1) when one person places trust in the faithful integrity of another, who as a result gains superiority or influence over the first, (2) when one person assumes control and responsibility over another, (3) when one person has a duty to act or give advice | ||
+ | |||
+ | (4) when there is a specific relationship that has traditionally been recognized as involving fiduciary duties, as with a lawyer and a client, or a stockbroker and a customer.”34 | ||
+ | The traditional definition of a fiduciary is a person who occupies a position of trust in relation to someone else, therefore requiring him to act for the latter' | ||
+ | |||
+ | Another characteristic of such a relationship is that the information is given by the holder of information out of choice. When a litigant goes to a particular lawyer, a customer chooses a particular bank, or a patient goes to a particular doctor he has a choice whether he wishes to give the information. An equally important characteristic for the relationship to qualify as a fiduciary relationship is that the provider of information gives the information for using it for his benefit. It is true that such a relationship is based on trust. A person will not choose a doctor, lawyer, banker or trustee unless there is trust. All relationships usually have an element of trust, but all of them cannot be classified as fiduciary. Information provided in a discharge of a statutory requirement, | ||
+ | |||
+ | Another aspect to be taken into account is that information provided by the beneficiary to a fiduciary is held in trust and cannot be shared with anyone, but the reverse is not true. A doctor is not free to discuss a patient’s information without the patient ’s consent, but there is no such binding on the patient sharing the doctor’s advice or medication. | ||
+ | |||
+ | // | ||
+ | |||
+ | It is likely that this provision could be used to refuse most information provided by a foreign Government unless it has been released in the Public domain. Effectively, | ||
+ | |||
+ | // | ||
+ | The danger to life or physical safety must be a reasonable probability, | ||
+ | |||
+ | |||
+ | |||
+ | |||
+ | |||
{{indexmenu>: | {{indexmenu>: | ||
< | < |
explanations/grounds-for-rejection.txt · Last modified: 2023/04/15 10:56 by Shrawan