Monday, December 12, 2011

SC: "Right to Information is an intrinsic part of the fundamental right to free speech and expression." A Landmark Judgment of the Apex Court on its Denial and Remedies.

While adjudicating CIVIL APPEAL NOs.10787-10788 OF 2011 of Chief Information officer and others against the State of Manipiur and others , the Hon. Mr. Justice Ganguly Supreme Court of India has set up a landmark judicial precedent in respect of Laws of Rights to Information and its denial and remedies, in accordance with the provisions of Right to Information Act and has observed that " Right to information, which is basically founded on the right to know, is an intrinsic part of the fundamental right to free speech and expression guaranteed under Article 19(1)(a) of the Constitution.A society which adopts openness as a value of overarching significance not only permits its citizens a wide range of freedom of expression,it also goes further in actually opening up the deliberative process of the Government itself to the sunlight of public scrutiny.In making a request for an Information, an applicant is not required to give any reason for obtaining the information or any other personal details excepting those which are necessary for contacting him. Such request has to be disposed of as expeditiously as possible. In any case within 30 days from the date of receipt of the request either the information shall be provided or the same may be rejected for any of the reasons provided under Sections 8 and 9. The proviso to Section 7 makes it clear that when it concerns the life or liberty of a person, the information shall be provided within forty-eight hours of the receipt of the request.The appellant after having applied for information under Section 6 and then not having received any reply thereto, it must be deemed that he has been refused the information.The said situation is covered by Section 7 of the Act. The remedy for such a person who has been refused the information is provided under Section 19 of the Act."

No comments:

Post a Comment

Popular Posts on our Law Office Blogs