New Delhi: Non-citizens should not barred from in search of info from public authorities beneath the Right to Information (RTI) Act and will probably be inherently contradictory to carry that such a proper is out there solely to the residents, the Delhi High Court has mentioned. The court docket said that creating an absolute bar on the disclosure of data to non-citizens can be opposite to the aim and object of the RTI Act itself, and the identical can’t be learn into the laws.
RTI Act locations monumental emphasis on entry to info that might relate to the life or liberty of an individual, the court docket noticed. It added that stopping entry to info to non-citizens — on whom the Indian Constitution confers a “smaller bouquet of rights” — would even be opposite to the constitutional ideas.
“Considering that the RTI Act also accords information relating to life or liberty an important and distinct position, it would be inherently contradictory to hold that only citizens are entitled to the Right to Information. Life or liberty could also relate to non-citizens including foreigners, NRIs, OCI card holders, and such other persons,” mentioned Justice Prathiba M Singh in a latest order.
“In the case of such public authorities dealing with issues concerning non-citizens, if there is an inaction or lack of transparency in their dealings, it cannot be held that such a non-citizen would be disabled from seeking the said information under the RTI Act,” the choose asserted.
The court docket mentioned whether or not the knowledge sought by a non-citizen deserves to be disclosed must be left to the discretion of the authority involved who would determine the identical primarily based on the info, scenario, and the encircling circumstances.
In the current case, a Tibetan nationwide had sought sure info from Central Tibetan Schools Administration. He had additionally claimed that he was entitled to be handled as an Indian citizen beneath the Citizenship Act.
The Chief Information Commissioner (CIC), whereas ruling in favour of the RTI applicant, had imposed a penalty on the petitioner — the general public info officer of the physique who had refused to offer the knowledge on the bottom that he was a Tibetan nationwide and thus wouldn’t be entitled to invoke the provisions of the RTI Act.
In the order, the court docket famous that the RTI Act used the phrases “citizen” and “person” and CIC was proper in holding that there isn’t a absolute prohibition if the authority deems it match to reveal the knowledge.
“Public authorities as defined in the RTI Act, in India, deal with citizens and non-citizens. While as a general proposition, it would be correct to hold that the right to information is conferred upon all citizens, it cannot also be held that there is an absolute prohibition on disclosure of information to non-citizens,” the court docket mentioned.
“This court is of the opinion that the Right to Information ought to be available to citizens and non-citizens depending upon the kind of information which is sought and the recognition of the rights guaranteed to such class of persons under the Constitution of India,” it added.
The court docket mentioned the safeguards/exceptions supplied within the RTI Act would apply with respect to any info which is sought by both residents or non-citizens. It said that the PIO’s strategy of assuming {that a} non-citizen wouldn’t be entitled to info beneath the RTI Act can’t be held to be malicious and put aside the penalty quantity of Rs 25,000 imposed by the CIC. The court docket added that the PIO is sure by the order of the CIC and has to thus provide the knowledge to the applicant.
