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right to information

(Querist) 06 August 2011 This query is : Resolved 
One of my friends studying in a Govt College, has filed RTI on accounts of institute after which he is been threatened by the Head of institute itself of harresement and asked to write that he is taking back RTI and also will not file RTI in future.
I asked him to write letter but mention word " he is taking back rti filed under MAHARASHTRA RTI act" instead of "CENTRAL", so that he can file rti in future.
plz comment.
also what is constitutional validity of letter, can he file rti in future
mahendrakumar (Expert) 06 August 2011
even if he gives any such assurances under pressure/compulsion,he is free to write as many rti queries he like now or future.

there is no legality for such undertakings.

but being a student,it would be better to keep quiet for the time being.
Advocate Rajkumarlaxman (Expert) 06 August 2011
you can file any time under RTI and there is no such obstruction if any undertaking is given under coercion or force. but its better to keep quite for time being as stated by our expert as it involves the question of your academic career and be least bothered of acconts of the institute at present you can do the same by the other way out/ if you have certainity in thier illegallity then you have many ways wherein they can be booked for it. try ways out not directly but by ither ways
K.S.Srinivas (Expert) 06 August 2011
This type of threatening amounts to harassment. Even though your friend has given a letter mentioning that he has taken back the rti application, it is not a bar for filing applications in future. As per the Act he can file applications at any time in future.

It is better if somebody other than the student of that college asks information as a citizen of India.
Advocate. Arunagiri (Expert) 06 August 2011
That letter has no legal value. He can file another RTI application subsequently.
M/s. Y-not legal services (Expert) 06 August 2011
Yes. Am agree with experts. Your friend's undertaking has no legallity.. He can.
girish shringi (Expert) 06 August 2011
Once if one has decided to raise voice against any illegal activity anywhere in India,he need not to bother about any pressure techniques. If your friend has made any RTI he might be having some doubt in the accounts that'swhy head is threatening him then he must have courage to contact the superior authority to his head and inform him about the threat.
If he need any help in such case I can gude him through this club,if Gandhiji did got afraid of threats did he done what he.
Girish Shringi
(Advocate)
prabhakar singh (Expert) 06 August 2011
The undertaking taken by institution is invalid and the very existence and its possession in hands of the institution suggests it was taken
by some coercion or undue influence.


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