Non-citizens aren't barred from using the RTI act, says Delhi HC
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New Delhi: Non-citizens are free to use the RTI act and seek information under it from public authorities. The Delhi High Court said it will be inherently contradictory to hold that such a right is available only to the citizens.
The court was addressing a case filed by a Tibetan national who sought information from the Central Tibetan Schools Administration and claimed that he is entitled to be treated as an Indian citizen under the CAA.
"The court stated that creating an absolute bar on the disclosure of information to non-citizens would be contrary to the purpose and object of the RTI Act itself, and the same cannot be read into the legislation. RTI Act places enormous emphasis on access to information which could relate to the life or liberty of a person," observed the court.
Justice Prathiba M Singh added that preventing access to information to non-citizens will be contrary to the constitutional principles. "Considering that the RTI Act also accords information relating to life or liberty an important and distinct position, it would be inherently contradictory to hold that only citizens are entitled to the Right to Information. Life or liberty could also relate to non-citizens including foreigners, NRIs, OCI card holders, and such other persons."
"In the case of such public authorities dealing with issues concerning non-citizens, if there is an inaction or lack of transparency in their dealings, it cannot be held that such a non-citizen would be disabled from seeking the said information under the RTI Act," she added.
Whether the information sought by a non-citizen deserves to be disclosed has to be left to the discretion of the authority concerned who would decide the same based on the facts, situation, and surrounding circumstances, read the recent order.
The Delhi court further said: "Public authorities as defined in the RTI Act, in India, deal with citizens and non-citizens. 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 the disclosure of information to non-citizens. This court is of the opinion that the 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."
In the case of the Tibetan national, the Chief Information Commissioner (CIC) ruled in his favour and penalised the public information officer who refused to provide information.