Thread by @LiveLawIndia

Restricting Right To Information Only To Citizens Contrary To Constitution, RTI Act; No Absolute Bar On Disclosure To Foreigners: Delhi High Court @nupur_0111 #DelhiHighCourt #RTIAct livelaw.in/news-updates/d…

“Right to Information ought to be available to citizens and non-citizens depending upon the kind of information which is sought and the recognition of the rights guaranteed to such class of persons under the Constitution of India,” court ruled.

#DelhiHighCourt #RTIAct

Court: Restricting the #RighttoInformation to only citizens in the light of both terms i.e., citizens and persons being used in the RTI Act without any discernible distinction would be contrary to sprit of the Constitution as well as to the #RTIAct.

#DelhiHighCourt

Court: Whenever information is sought by non-citizens, considering that the rights conferred under Section 3 is positively upon citizens, it would be on the discretion of the authorities to disclose such information or not.

#DelhiHighCourt #RTIAct

“Section 3 would therefore have to be read as positive recognition of the right in favor of citizens but not as a prohibition against non-citizens,” Justice Prathiba M Singh held.

Under Section 3 of the RTI Act, "all citizens" have the right to information.

Court: While as a general proposition, it would be correct to hold that the right to information is conferred upon all citizens, it cannot also be held that there is an absolute prohibition on disclosure of information to non-citizens.

Court: The purpose of the Right to Information Act is to promote transparency and accountability in the working of public authorities. The statement of objects and reasons makes it clear that it was enacted with an intention to ensure smoother and greater access to information.

Court: The Constitution of India confers a large gamut of rights upon Indian citizens, but there also exist a smaller bouquet of rights which are also conferred and recognized in respect of non-citizens.

#DelhiHighCourt #RTIAct

Court: …. non-citizens would have an interface with public authorities and to put an absolute bar, would be contrary to the principles enshrined in the Constitution of India which recognizes some rights of even non-citizens.

#DelhiHighCourt #RTIAct

Court: The RTI Act places enormous emphasis on access to information and such information could also relate to the life or liberty of a person. Article 21 of the Constitution of India, which encompasses Right to Life, is available not merely to citizens but to all persons.