Writ petition
Dr. Shekhar
(Querist) 18 July 2016
This query is : Resolved
Dear sirs, I am OCI and has been told by MEA that OCI cannot file RTI. Where as no law clearly prohibits OCI to file RTI.
I would like to file writ petition.
Can i send writ petition by regd/speed post to the HC/SC ?
Will this matter relate to fundamental right and so can i file to SC?
Kumar Doab
(Expert) 18 July 2016
You may find it useful and relevant:
Overseas Indian Citizens entitled to info under RTI Act: SC
PTI, 13 December 2007
The Supreme Court opined that an Overseas Indian Citizen (OIC) is entitled to seek information from ....................Information Act (RTI).
http://timesofindia.indiatimes.com/India/Overseas_Indian_Citizens_entitled_to_info_under_RTI_Act_SC_/rssarticleshow/2620712.cms
http://infochangeindia.org/right-to-information/features/nris-too-have-the-right-to-information.html
R.K Nanda
(Expert) 19 July 2016
Nothing to add.
Guest
(Expert) 19 July 2016
Dr. Shekhar,
Have you exhaused the channels of the first appellate authority and the CIC?
P. Venu
(Expert) 19 July 2016
Any citizen in India can file an application under RTI. Please see Section 3.
Writ Petitions cannot be filed by post. However, e-filing is possible in Supreme Court.
Dr. Shekhar
(Querist) 19 July 2016
I already informed Ministry of External Affairs regarding the SC ruling http://timesofindia.indiatimes.com/India/Overseas_Indian_Citizens_entitled_to_info_under_RTI_Act_SC_/rssarticleshow/2620712.cms
But the email reply I got from them is that it is for them to consider the SC ruling. They have rejected my RTI application and refused to give me information saying that OCI are not allowed. I also referred them Sec 7A of the The Indian Citizenship Act where the OCI have been given all rights in parity with NRI in economic, financial and educational fields and quoted the official gazette notifn. of central Govt in this regards but they are adamant in their email replies saying that OCI are foreigners. They also replied that only indian nationals are allowed to which I replied them that RTI Act nowhere uses the term national and also RTI Act nowhere excludes overseas citizen from RTI Act and that it's unlawful on their part not to accept my RTI application. But nothing is working.
I cannot make first appeal or appeal to CIC because they have replied to my RTI application saying that being OCI I cannot make RTI and so in their reply they not even mentioned to whom I can make first appeal.
Can I make e filing of writ to SC mentioning the laws and earlier SC ruling already in this matter?
P. Venu
(Expert) 19 July 2016
Writ Petition could be filed under Article 32 in case violation of any fundamental rights is involved.
Guest
(Expert) 19 July 2016
Dr. Shekhr,
If you can refer the sec. 7A of the Indian Citizenship Act, it would be better if you also point out the provision of a relevant section of the said Act, why you cannot make appeal to appellate authority or the CIC, as you stated in your latest post? You are talking about RTI, but referring section of Indian Citizenship Act!
Dr. Shekhar
(Querist) 19 July 2016
Sir, Yes I am talking about RTI but referring to Indian Citizenship Act because my RTI application has been refused saying that OCI are not citizens whereas Indian citizenship act Se 7A recognizes overseas citizens OCi with all economic and financial rights. Also we can take matter to CIC as second appeal only after not satisfied with first appeal but when the RTI application is rejected saying that OCi is foreigner how can he go for first and second appeal
Dr. Shekhar
(Querist) 19 July 2016
Dear Mr Venu, Thanks. Since Right To Information has been given the status of a fundamental right under Article 19(1) of the Constitution in 2005. So can I take up this matter as writ directly to SC? and can the writ be made by efiling to SC?
Siddharth Dev
(Expert) 21 July 2016
In few matters petition is maintainable in SC, like extrajudicial execution it will not be possible to explain all but i suggest to file your writ in concerned high court.
Devajyoti Barman
(Expert) 23 July 2016
This is clear case of aberration of legal as well constitutional rights of a citizen.
Filing of writ petition under Article 226 of the Constitution is most suitable for you at this juncture.
Kumar Doab
(Expert) 23 July 2016
You have posted that;
'But the email reply I got from them is that it is for them to consider the SC ruling. They have rejected my RTI application and refused to give me information saying that OCI are not allowed.'
Your able counsel can cultivate further.
