This is from the media report only i.e. without referring the rules i am sending confusion crop up to my mind with due respect to H/High court,
1/If read section 28 of RTI competent authority may ----- make the rules to “carry out the provisions of this act.
2/In particular, & without prejudice to the generality of the foregoing power such rule may be------" which includes to decide cost of the medium or print price, fee payable under s 6(1) & 7(1) any other matter which is required to be, or may be, prescribed.
The rules of the HC as amended seems from media report pertains to any other matter i.e. last item of s 28(2) but the question arise is can any competent authority make the rules in violation of basic structure of RTI? Because if read to carry out the provision of this act & without prejudice etc the answer is NO.
If again refer the media report the issue of public domain, or does not relate to judicial function etc how one authority can withhold the same because if referred s 6(3) of the RTI it is obligatory on the part of public authority to transfer the same to another public authority. While so far as the matter of confidentiality is concerned s 22 is pretty clear to RtI have an overriding effect on any other law for the time being in force including official secrets act 1923.
Even otherwise under the RTI Act it self under s 8 & 9 exemptions are provided except those provision it becomes obligatory on the part of public authority to divulge the info.
Under the circumstances question arises are-
1/ if these kind of rules are made can it have dominating effect?
2/ if any appeal is being preferred against the same to the state commission will it become sustainable?
3/ Can the commission decide the matter putting aside the rules if made in violation of basic structure of the RTI i.e. preamble, section 2 (f), (I), & (j) definition of information, record & right to information respectively.
4/ The last but not the least if read section 23 of the RTI Bar of jurisdiction of courts who will interpret the matter finally if the verdict given by commission is in favour of applicant & dispute arise ?
5/ Can the same matter be referred to the central Government to remove the difficulty before completion of two years?
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