Personal details cannot be disclosed under RTI: Bombay HC

September 8, 2013

RTI_Bombay_HCMumbai, Sep 8: Under RTI, disclosure of personal information in respect of service record, income tax returns and assets of an individual is illegal unless it is necessary in larger public interest, the Bombay High Court has ruled.

Accordingly, Justice Vasanti Naik quashed an order of Nashik State Information Commissioner asking the information officer to supply information about personal assets of petitioner Subhash Khemnar to respondent Dilip Thorat.

"On hearing the petitioner and on perusal of the Act, it appears that the Chief Information Commissioner was not justified in directing Information Officer to supply personal information in respect of service record, income tax returns and assets of the petitioner unless he was satisfied that such disclosure was justified in larger public interest," said the judge in a recent order.

In the impugned order there is no finding with regard to the satisfaction of the Commissioner that the disclosure of the personal information in respect of the petitioner was justified in larger public interest, the judge noted.

Under section 8(1) J of the Act, there is no obligation on the Information Officer to give personal information, the disclosure of which has no relationship with any public activity or interest, or which would cause unwarranted invasion on the privacy of the individual unless the authority is satisfied that the disclosure of such information is justified in larger public interest, the Judge further said.

The petitioner had challenged the order passed by the Chief Information Officer on December 4 last year asking the information officer to supply personal information about him on a second appeal filed by the respondent.

Initially, the information officer did not supply the information and rejected the application filed by the respondent.

Thereafter he went in appeal before a higher authority but it was rejected. He then went in second appeal before the Chief Information Officer which was allowed. Being aggrieved, the petitioner moved the High Court.

According to the petitioner, the respondent was allegedly involved in extortion and the petitioner's brother-in-law had filed a complaint against the respondent for extortion. Also, the court had rejected the application filed by the respondent seeking anticipatory bail.

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News Network
March 18,2020

Muzaffarpur, Mar 18: Prisoners in the central jail here are working overtime to produce facemasks to prevent the deadly COVID-19 striking. In addition to providing protection to fellow inmates and prison staff, the produce will be shared with nine district and sub jails falling under Muzaffarpur Central Prison as well, Deputy Superintendent of the jail Sunil Kumar Maurya said. From supplications at places of worship to hectic activities at the biggest hospital, this north Bihar district is witnessing invocation of all powers, human and otherwise, to prevent novel coronavirus hitting them.

Although nobody has so far tested positive for the dreaded virus in Bihar, where the state government has imposed a semi-lockdown as a preventive measure, Muzaffarpur which hit the headlines last year for losing close to 200 children to an outbreak of brain fever seems determined not to fall prey to yet another virulent affliction.

On making of facemasks by about 50 prisoners, the Deputy Superintendent of the jail said, "We have had a tradition of producing fabric at the Muzaffarpur Central Jail. An idea was floated why not use the skills acquired for producing masks which are in great demand but in short supply.

The local administration seems impressed with the endeavour of the social outcasts to rise to a global challenge.

"It is a welcome step. Despite all precautions, we never know who is going to catch the infection at which place. The efforts by prisoners to protect themselves and the staff manning their premises is laudable. "Full assistance will be provided to Central Jail authorities in supply of the masks to other prisons," Sub Divisional Magistrate (East) Kundan Kumar said.

A conservative town inhabited by a deeply religious citizenry, Muzaffarpur is also witnessing prayer congregations at temples and mosques in keeping with the tradition here of people of all faiths coming together when faced with a major challenge.

The Garib Nath temple, a renowned shrine devoted to Lord Shiva which attracts devotees from far and wide, is witness to the power of faith trumping the biggest fears as the footfall seems to have increased since the outbreak.

The temples mahant Vinay Pathak says, "faith can move mountains. People come here in search of strength to face a crisis which has caused worldwide scare. We advise the visitors to conduct regular 'havans' at their houses just like we have been performing here. "The smoke emitted by burning of purified offerings cleanses the air and, who knows, could be an antidote as well," Pathak added.

Chanting of 'Mahamrityunjay mantra', which the faith believe to be potent enough to dispel illness and untimely death, is taking place round the clock at the shrine in addition to 'havans', the mahant said.

Just a few yards away stands the Chhata Chowk mosque where large number of devotees appear in skull-caps to offer namaz.

"It is a pandemic threatening to engulf the entire world and dua (prayers) are needed as much as dawa (medicines). May God, who is one, listen to the common wish expressed by humanity in myriad ways," says Imtiaz Ahmed, a devout local resident.

Meanwhile, the health authorities are busy with their own efforts, not leaving prevention and cure to divine intervention.

District Medical Officer Shailesh Kumar Singh says a total of 42 people here who have come from abroad, have been tested but their results have been negative.

"Nonetheless, a five-bed special ward has been set up at the Sadar Hospital, manned by medical staff armed with a special kit comprising medicines and other logistics required for primary care of those with suspected symptoms," he said.

The SKMCH referral hospital, which bore the brunt of last years brain fever epidemic accounting for over 120 deaths is fully geared up to meet the latest challenge.

SKMCH superintendent Sunil Shahi says "we have a 30- ward insulation ward ready. Samples of patients with suspected symptoms are being routinely sent to RMRI, Patna. We appeal to all to remain alert, but avoid panic."

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News Network
April 9,2020

New Delhi, Apr 9: With an increase of 540 positive COVID-19 cases reported in the last 24 hours, India's tally of coronavirus cases has risen to 5,734, said the Ministry of Health and Family Welfare on Thursday.

Out of the 5,734 cases; 5,095 are active COVID-19 cases and 472 cases have been recovered/discharged and one case migrated.
The death toll has also risen to 166 after 17 new deaths were reported in the last 24 hours.

Maharashtra is the worst-hit state 1,135 positive cases so far and while Tamil Nadu is second with 738 positive cases. Delhi's tally has risen to 669 cases. 

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March 12,2020

New Delhi, Mar 12: TMC MP Saugata Roy said Home Minister Amit Shah should resign for "failing" to control the riots in Delhi and demanded a judicial inquiry by a sitting Supreme Court judge.

Participating in a discussion on the violence in Delhi in Lok Sabha, Roy said the Delhi riots happened 72 years after Mahatma Gandhi was killed by a Hindu fanatic.

"Gandhiji has been murdered again in Delhi by, you know who," Roy said while addressing the Chair.

Taking on BJP MP Meenakshi Lekhi for defending BJP leaders for their controversial remarks, which he claimed instigated the violence, Roy said he has seldom heard such a communal speech ever.

Dubbing the BJP MP as "Devil's Advocate", Roy said, "She spent five minutes defending the most hated man. May I quote (William) Shakespeare and call her the Devil's Advocate?...She is the best Devil's Advocate possible. She has also been an advocate for the Delhi Police which has shown total inaction and ineptness in this whole riot in Delhi."

Thereafter Roy trained his gun at Shah, who was present in the house while the TMC MP was speaking.

He said that when the riots started on February 24, Home Minister Shah was sitting in the front row at Motera Stadium (in Gujarat) welcoming US President Donald Trump.

"When Mr. Shah should have been in Delhi Police control room, he was welcoming Mr. Trump at Motera. There was no order to the police. Then on 25th, things went out of control. Armed mobs fought with each other on the streets of Delhi," Roy said.

Demanding resignation of Shah, Roy raised questions on NSA Ajit Doval's visit to the riots-affected areas on February 26 and asked what was the Home Minister doing.

"Is it NSA's business to control ordinary law and order situation? Why was the Home Minister absent in action? There is no explanation for the same," he said.

The TMC leader said he feels bad standing face-to-face with Shah.

"He is still young, he has a good future. He should acknowledge responsibility for his failure to control or stop Delhi riots and bring peace in three days. In the name of God, go and do not stay in the Home Minister's position," Roy said, adding he is the man who could not prevent riots in Delhi, at a place 10 kilometres away from the Home Ministry.

Roy demanded a judicial inquiry into the riots by a sitting Supreme Court judge and complete rehabilitation for all the riot victims.

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