Indian Court Reverses Ruling on Requester Justifications

1 October 2014

The Madras High Court in India has reversed its ruling that justifications must be supplied for requests, saying that it had overlooked a contrary provision in the law.

The Sept. 23 reversal deleted two paragraphs from its Sept. 17 ruling. (See previous Freedominfo.org report.)

The court said:

        2. In the said order dated 17.9.2014, we have made certain general observations in paragraphs 20 and 21, stating that the RTI application should contain bare minimum details or reasons for which the information is sought for. However, the said general observations were made without noticing Section 6(2) of the RTI Act, 2005…

3. Therefore it is evident that a person seeking information is not required to give any reason for requesting such information. Hence, the general observations made in paragraphs 20 and 21 of the said order, dated 17.9.2014 is an error apparent on the face of the record, contrary to statutory provision. The said error has been noticed by us after pronouncing the order dated 17.9.2014 and in order to rectify the said error in paragraphs 20 and 21, yesterday, we directed the Registry to post this matter today under the caption “Suo Motu Review”.

 

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