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After perusing the submissions made during the hearing and considering the submissions made during the hearing, it appears that the following exemptions have been claimed by the Department and the Third parties- Section 8(1)(b), (d), (e), (h), and (j). Section 3 of the RTI Act very succinctly states `Subject to the provisions of this Act, all citizens shall have the right to information. ‘ Thus according to the RTI Act, if the information as defined under Section 2(f) is not exempt from di
Medico-legal reports cannot be refused under the RTI Act, the CIC has held saying unlike normal medical cases, they are not prepared at the instance of the patient but are legal requirement.“Medico legal cases (MLCs) are indeed legal requirements in criminal cases and not prepared at the instance of the patient but to record injuries inflicted on a person, to be used by courts in criminal proceedings and hence are not held in fiduciary relation with the patient and that refusal of information under Section 8(1)(e) is unsustainable,” Information Commissioner Annapurna Dixit said.
Name of the Appellant: Ms. Vikita Vishanji Soni , Name of the Public Authority: The Institute of Chartered Accountants of India , Decision No.4167/IC(A)/2009 , F. No.CIC/MA/A/2009/000474 , Dated, the 13th July, 2009 , Delivered by : Central Information Commission.
The Applicant, an informer of the department, filed a RTI application seeking inspection & copies of all records available with the income tax department including assessment orders of Escorts Ltd, Dr. Naresh Trehan and connected parties. The application was rejected by the PIO on the ground that there was no overriding public interest in disclosing the information relating to third parties and the disclosure would lead to an invasion of privacy of the assessees. On appeal by the applicant, HELD allowing the appeal:
