Sunday, April 20, 2008

The Central Information Commission has dismissed an RTI applicant's appeal

The Central Information Commission has dismissed an RTI applicant's appeal against denial of details relating to citizenship of Congress President Sonia Gandhi and her communication with the President after the last general election.

An appeal of Delhi resident Milap Choraria against the decision of the President's Secretariat denying him the information was earlier dismissed by the Central Information Commission (CIC) in 2006.

In a fresh plea before the CIC, he sought review of the order referring to a ruling of the Delhi High Court on December 7 last year that the Commission can reconsider its decision.

"There is no similarity of facts and circumstances of the two cases. Further, the understanding of the provisions of the RTI Act, their interpretation and application in the factual situation of the particular case by the Commission appears perfectly sound and correct," Chief Information Commissioner Wajahat Habibullah said.

"The factual matrix of the two cases is entirely different... whatever has been said or held by the High Court in Bhagat Singh case cannot be held applicable to the present case, under any principle of law," the CIC said.

It also held the matter was of no relevance to this petition as Sonia Gandhi's election and the question of her citizenship had already been disposed by the Apex Court in 2001.

The Commission also expressed its displeasure on the allegation of Choraria that their previous order was biased.

"References to what the petitioner calls bias behind passing the said order by the Chief

Information Commissioner are not appreciated," it said.

Courtesy:timesofindia.com
Complete artical HERE

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