Information regarding statements of CJ, S.H. Kapadia and Shri Markandeya Katju, President, Press Council of India given in some public function was denied claiming that the queries do not qualify to be information u/s 2(f) - CIC: denial upheld
28 Oct, 2013ORDER
1. The Appellant through his RTI application dated 27.08.2012 made certain queries in relation to some statements of Shri S.H. Kapadia, the then Chief Justice of India and Shri Markandeya Katju, President, Press Council of India apparently given in some public function/meeting.
2. The CPIO vide his letter dated 25.09.2012 informed the Appellant that his queries do not fall under the definition of information as given in section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act.
3. The Appellant, being aggrieved by this reply of the CPIO, filed an appeal dated 08.10.2012 before the Appellate Authority which the Appellate Authority decided vide his order dated 31.10.2012 upholding the CPIO’s reply.
4. The Appellant then filed the present appeal before the Commission challenging the decision of the Appellate Authority.
5. On perusal of the queries made by the Appellant in his RTI application, the Commission concurs with the Respondents’ view that the queries figuring in the RTI application of the Appellant do not qualify to be information as defined in section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act. Appeal is thus rejected.
(Sushma Singh)
Information Commissioner
Citation: Shri Girish Prasad Gupta v. Department of Justice in Case No. CIC/SS/C/2013/000106