Commonwealth Human Rights Initiative

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Court decisions

In this section you will find a compilation of landmark FOI/RTI decisions and judgements delivered by the Supreme Courts and High Courts in South Asia. You will also find select judgements from regional and apex courts in other parts of the world.

The issue is whether the CIC acted in error of law, in proceeding as it did, while accepting the Explanation of the MCD regarding the unavailability of the files. There cannot be any dispute that the MCD as a public authority, is under an undeniable duty to maintain its records to best facilitate access to those wishing it. Nevertheless the MCD explained why the day to day movement the files could not be indicated to the petitioner. Its Explanation was that the concerned official had retired and the files were missing. The other reason given was that the CBI had seized certain files. These facts are within the peculiar knowledge of the MCD. In the absence of any allegation of ill will or personal malice, it would be difficult to support the petitioner’s submission that the MCD deliberate...Read more
Posted By : Seema Choudhary
SummaryIf the contents of the attachment to this mail are indeed what has been filed before the Registry of the Apex Court the narrative makes for very interesting reading. Paras ‘xvii’ – ‘xxii’ narrate the haste with which the Court took up this matter. Paras ‘T’ and ‘U’ in the Grounds section of the review petition indicate how the arguments and contentions filed by the Central Government do not find any mention in the judgement. All in all the review petition seems to cover most of the grounds that we have been identifying as problem areas in the judgement. The prayers leave much to be desired. I would leave it to our lawyer friends to tell us whether more specific prayers could have been added.I must clarify that I have circulated this attachment in ‘good faith’ a...Read more
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