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Rajasthan High Court (Jaipur Bench)

Subash Mohapatra and Ors. vs State of Odisha and Ors.

Right to Know and Access Information || Rajasthan High Court (Jaipur Bench)

2 Judge

Case Details

Decision Date - 20.06.22
Citation - MANU/OR/0393/2022
Case Type - Civil Misc. Writ Petition
Case Status - Disposed
Legal provisions - S. 91, 311 of the Code of Criminal Procedure, 1973. Article 19 of the Constitution Of India, 1950. S. 8, 9, 10, 11, 24 Right To Information Act, 2005
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Important Quote

"Indeed, information pertaining to allegations of corruption and human rights violations has been legislatively identified by the RTI Act as a species as deserving of a different treatment in terms of disclosure, which is what is highlighted by the first proviso to both Section 24 (1) as well as Section 24 (4) of the RTI Act. If Section 8 is read with Section 24 of the RTI Act, as it has to since no provision can be viewed as otiose, then it becomes apparent that even while dealing with requests for information falling in the domain of Section 8 of the RTI Act, if such information pertains to allegations of human rights violations or corruption, regard will have to be had to the first provisos to Section 24 (1) Section 24 (4) of the RTI Act. "

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Notes

Information regarding all the activities undertaken by the State Vigilance Commission is not exempted from disclosure under the RTI Act. The Vigilance Department can be asked to disclose information that is of public interest such as corruption or human rights violation.

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Methodology

The Privacy High Court Tracker has been developed using judgements pulled from the Manupatra case law database. Through its search function, CCG identified cases that relied upon the Puttaswamy judgment and were pertaining to the right to privacy, and filtered them by each of the 25 High Courts in India. These were then further examined to identify those cases whose decisions concerned a core aspect of privacy. CCG identified the following aspects of privacy (1) autonomy, (2) bodily integrity, (3) data protection, (4) dignity, (5) informational privacy, (6) phone tapping, (7) press freedom, (8) right to know and access information, and (9) surveillance, search and seizure. Cases where only incidental or passing observations or references were made to Puttaswamy and the right to privacy were not included in the tracker. The selected cases were then compiled into the database per High Court, with several details highlighted for ease of reference. These details consist of case name, decision date, case citation and number, case status, legal provisions involved, and bench strength. The tracker also includes select quotes concerning the right to privacy from each case, to assist users to more easily and quickly grasp the crux of the case. 

For ease of access to the text of the judgments, each case on our tracker is linked to the Indian Kanoon version of the judgment (wherever available) or an alternative open-access version of the judgment text.

We welcome your feedback. In addition, you may write to us at - ccg@nludelhi.ac.in with the details of any privacy case we may not have included from any High Court in India.