HC quashes UP govt notifications on RTI Act
PTI | 10:01 PM,Jan 25,2012
Lucknow, Jan 25 (PTI) The Allahabad High Court today quashed two
notifications by Uttar Pradesh government which excluded confidential
section under Home and Civil Aviation departments from the purview of
RTI Act, saying restrictions imposed were excessive and beyond the
powers of the state. The order was passed by a Lucknow bench
comprising justices Pradeep Kant and Decvendra Kumar Upadhyaya while
allowing two Public Interest Litigations challenging the notifications
issued by the state government. On June 7 2009, a notification was
issued excluding certain works alloted to conidential sections of the
state government from the purview of RTI Act. Prior to this, one more
notification was issued on March 25, 2008 which specified that the
operation unit, the maintenance, security and general administration
unit of the civil aviation department of the state were excluded from
the applicability of the RTI Act. The court in its order observed that
the RTI is part and parcel of the right to freedom of speech and
expression as contained in the Constitution. Further the RTI Act gives
statutory safeguard to the freedom of speech and expression guaranteed
in the Constitution, which cannot be curtailed except with resonable
restrictions, it said. The court said that therefore restrictions
imposed were excessive and beyond the powers of the state, which
cannot be done by issuance of the impugned notifications. "For the
aforesaid reason petitions are allowed and both the notifications
being invalid or hereby quashed," it said.
http://ibnlive.in.com/generalnewsfeed/news/hc-quashes-up-govt-notifications-on-rti-act/955851.html
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- Urvashi Sharma
Right to Information Helpline 8081898081
Helpline Against Corruption 9455553838
http://yaishwaryaj-seva-sansthan.hpage.co.in/
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