Introduction:
In a significant legal development, the case of A.S. Rawat vs. Dawa Tashi (AIR 2023 Delhi 252) unfolded before the Delhi High Court on the 13th of March, 2023. This case, centered around a Right to Information (RTI) application filed by a non-citizen, sheds light on the intersection of citizenship rights and the accessibility of information.
Facts of the Case:
The RTI applicant, Dawa Tashi, sought information regarding various aspects, including his employment confirmation letter, children’s education allowance, and all India LTC benefits. However, the Public Information Officer (PIO) denied the request, citing Tashi’s non-citizenship status as the grounds for refusal. The denial of the appeal prompted Tashi to approach the Central Information Commission (CIC), where a pivotal decision was made.
CIC Ruling and Imposition of Penalty:
The CIC overturned the PIO’s decision, asserting that the RTI is available to both citizens and non-citizens. Moreover, the commission found the PIO’s actions to be driven by baseless suspicions about Tashi’s citizenship, imposing a penalty of ₹25,000 on the PIO for his conduct.
Writ Petition and Delhi High Court’s Verdict:
Unsatisfied with the CIC’s ruling, the PIO filed a Writ Petition before the Delhi High Court. In its judgment, the court affirmed the accessibility of RTI for both Indian citizens and non-citizens. The court directed the PIO to comply with the RTI application filed by Tashi. However, the penalty imposed by the CIC was quashed by the High Court, which stated that the actions of the PIO were not mala fide or ill-intended.
Conclusion:
This case sets a precedent by affirming the right of non-citizens to access information through RTI, aligning with the principles enshrined in the Constitution of India and the RTI Act. The Delhi High Court’s ruling emphasizes the importance of upholding the democratic values of transparency and accountability, ensuring that the benefits of RTI are extended to all, irrespective of citizenship status.
