RTI – CIC has no power to direct Public Authority to furnish information – SC

Chief Information Commissioner and another Vs. State of Manipur and another (Supreme Court)-  Government of Manipur has notified the exemption of certain organisations of the State Government from the purview of the said Act.This Court makes it clear that those notifications cannot apply retrospectively. Apart from that the same exemption does not cover allegations of corruption and human right violations.

The right of the respondents to get the information in question must be decided on the basis of the law as it stood on the date when the request was made. Such right cannot be defeated on the basis of a notification if issued subsequently to time when the controversy about the right to get information is pending before the Court. Section 24 of the Act does not have any retrospective operation. Therefore, no notification issued in exercise of the power under Section 24 can be given retrospective effect and especially so in view of the object and purpose of the Act which has an inherent human right content.

RE-PORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

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