explanations:public-interest
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explanations:public-interest [2017/04/13 15:09] – Shrawan | explanations:public-interest [2018/06/03 05:39] – [Authors] Shrawan | ||
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- the likelihood that production of the documents will affect the outcome of the case; | - the likelihood that production of the documents will affect the outcome of the case; | ||
- the likelihood of injustice if the documents are not produced | - the likelihood of injustice if the documents are not produced | ||
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The terms public interest has to be interpreted as “Redressing public injury, enforcing public duty, protecting social, collective, ‘diffused’ rights and interests vindicate public interest… [in the enforcement of which] the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected. | The terms public interest has to be interpreted as “Redressing public injury, enforcing public duty, protecting social, collective, ‘diffused’ rights and interests vindicate public interest… [in the enforcement of which] the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected. | ||
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The Supreme Court in Bihar Public Service Commission v. Saiyed Hussain Abbas Rizwi (2012) 13 SCC 61((Bihar Public Service Commission v. Saiyed Hussain Abbas Rizwi (2012) 13 SCC 61)) held that the statutory | The Supreme Court in Bihar Public Service Commission v. Saiyed Hussain Abbas Rizwi (2012) 13 SCC 61((Bihar Public Service Commission v. Saiyed Hussain Abbas Rizwi (2012) 13 SCC 61)) held that the statutory | ||
- | //22. “The expression " | + | '' |
- | //23. The satisfaction has to be arrived at by the authorities objectively and the consequences of such disclosure have to be weighed with regard to the circumstances of a given case. The decision has to be based on **objective satisfaction recorded for ensuring that larger public interest outweighs unwarranted invasion of privacy** or other factors stated in the provision. | + | '' |
The Hon’ble High Court in its decision dated 13/ | The Hon’ble High Court in its decision dated 13/ | ||
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Furthermore, | Furthermore, | ||
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The judgment of Hon’ble | The judgment of Hon’ble | ||
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//54. The factors to decide the public interest immunity would include (a) where the contents of the documents are relied upon, the interests affected by their disclosure; (b) where the class of documents is invoked, whether the public interest immunity for the class is said to protect; (c) the extent to which the interests referred to have become attenuated by the passage of time or the occurrence of intervening events since the matters contained in the documents themselves came into existence; (d) the seriousness of the issues in relation to which production is sought; (e) the likelihood that production of the documents will affect the outcome of the case; (f) the likelihood of injustice if the documents are not produced...”// | //54. The factors to decide the public interest immunity would include (a) where the contents of the documents are relied upon, the interests affected by their disclosure; (b) where the class of documents is invoked, whether the public interest immunity for the class is said to protect; (c) the extent to which the interests referred to have become attenuated by the passage of time or the occurrence of intervening events since the matters contained in the documents themselves came into existence; (d) the seriousness of the issues in relation to which production is sought; (e) the likelihood that production of the documents will affect the outcome of the case; (f) the likelihood of injustice if the documents are not produced...”// | ||
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explanations/public-interest.txt · Last modified: 2023/04/15 11:04 by Shrawan