Wednesday, December 10, 2008

Commonwealth Games panel approaches Delhi HC against Centre

Commonwealth Games panel approaches Delhi HC against Centre

New Delhi, Dec 09: The organising committee for 2010 Commonwealth Games and the Centre are at loggerheads in the Delhi High Court as the panel has challenged the government's decision of declaring it a public authority, liable to disclose information under Right to Information Act.

The committee, which is charged with responsibility to conduct Commonwealth Games, has contended that it is an independent and autonomous body, not liable to reveal information under RTI Act.

"Petitioner Society (the committee) does not fulfill the criteria of being declared a State under Article 12 of the Constitution and hence it could not be declared a Public Authority under the RTI Act," the organising committee pleaded before Justice G S Sistani.

"It does not fulfill the criteria of being declared a State under Article 12 of the Constitution and hence it could not be declared a Public Authority under the RTI Act," it said.

Additional Solicitor General P P Malhotra, however, said that almost whole budgetary support to the project is provided by the government and the Committee cannot take the plea that it is an independent body.

"The Centre is providing not only substantial upfront funds but also has undertaken to meet the shortfall between its revenue and expenditure," Malhotra said.

"The audit report of the body for the year 2005-06 shows that out of total receipt of Rs 52.72 crore, it received Rs 52.58 crore from government sources. This proves that the petitioner is receiving almost its entire funding from government sources," he said while justifying the government's decision.

Bureau Report

Courtesy_
http://www.zeenews.com

Calls made to police control room are public documents:CIC

Calls made to police control room are public documents: CIC

9 Dec 2008, 1600 hrs IST, PTI

NEW DELHI: The records of calls made to Police Control Room -- on 100 -- are "public documents" details of which should be provided under the RTI Act, even if an accused wants to use it for defence in a Court, Central Information Commission has directed. "Records of calls received in PCR are, in fact, public documents. Their disclosure is incumbent unless that have been made in confidence in which case such a condition will require to be recorded," Chief Information Commissioner Wajahat Habibullah said.

"Unless it is clearly established that such a disclosure would impede the process of investigation or prosecution and not simply that the record will be used in defence by an accused," he said.

The case relates to one Ram Lal who sought details of a call made to the police control room on January 19 and 20, 2007 from Model Town police station. A similar application was moved by one Asha Devi seeking same call details.

The Delhi police refused to give information saying that it "could not be acceded to under section 8(1)(h) of the RTI Act."

Not satisfied with the reply, Asha filed an appeal with the police claiming that the calls were made by her and it was her right to know what she informed police.

"There is nothing secret or any such thing which relates to you or any investigation or any third party related matter," she pleaded.

Delhi police again rejected the appeal saying that it will impede the prosecution of an accused.

Asha reached the Central Information Commission with the prayer to direct the officer concern to provide the required information and take action against the official responsible for it.

Courtesy_
http://timesofindia.indiatimes.com

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The RTI Act was passed by the Lok Sabha (Lower House) on 11 May 2005, by the Raj Sabha (Upper House) on 12 May 2005 and received Presidential assent on 15 June 2005. Parts of the Act came into force upon Presidential assent, but the Act came fully into force on 12 October 2005, 120 days after Presidential assent.

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This Blog Spot is meant for publishing reports about the usage of RTI Act (Right to Information Act, 2005) so as to create an awareness to the general public and also to keep it as a ready reckoner by them. So the readers may extend their gratitude towards the Author as we quoted at the bottom of each Post under the title "Courtesy".Furthermore, the Blog Authors are no way responsible for the correctness of the materials published herein and the readers may verify the concerned valuable sources.

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