Is it fait on party of CIC to appropriate the privilige of the information seeker to absolve the public author

Question

Whether CIC can appropriate the privilige of the information seeker for inspetion of the document to absolve the public Authority its obligation to provide the information/document

Answer 1

What do you mean by appropriate the privilege of the information seeker for inspection of document? The document relates to any of the provided matters which cannot be disclosed under section 8 of the RTI Act such as :- (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—

(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;

(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

(f) information received in confidence from foreign Government;
(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
(h) information which would impede the process of investigation or apprehension or prosecution of offenders;
(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:

Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;

(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
(2) Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section:
Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.

In case if the inquired document relates to the above mentioned exempted matters then how can the CIC allow the information seeker even the inspection of these document. In case none of the mentioned exempted matters relates to the questioned documents then CIC will not pass any such order that takes away the privilege of the information seeker even for inspection of the questioned documents. First ascertain the reply of the public authority in this appeal before the CIC filled by the information seeker, if the public authority has taken any of the ground as mentioned under section 8 of the Act. However section 10 of the Act provides, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information. In such case under section 10 (2) Where access is granted to a part of the record under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall give a notice to the applicant, informing—

(a) that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;
(b) the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
(c) the name and designation of the person giving the decision;
(d) the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and

(e) his or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided, including the particulars of the senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be, time limit, process and any other form of access.
What it all means that first CIC has to ascertain if the document in question is fully exempt from inspection or only partially ,in the latter case CIC can allow its inspection but if it is fully exempt then the information seeker has no right to seek its inspection & CIC will refuse such an appeal for its inspection

Answer 2

The cheif information commissioner is the unltimate authority to decide whether to grant permission or not. You can then go in appeal to the supreme court.

First apply to the public information officer, if he denies then go in appeal.

Answer 3

Its the same as for a Medium Red Barn Party

Answer 4

If this makes sense to anyone out there, please post a translation. Thanks.