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LATEST NEWS UPDATES | Detenu can't invoke RTI Act, Centre tells apex court

Detenu can't invoke RTI Act, Centre tells apex court

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published Published on Apr 20, 2012   modified Modified on Apr 20, 2012

-PTI

The Centre today told Supreme Court that habitual offenders detained under special preventive detention laws cannot invoke the jurisdiction of the Right To Information(RTI) Act to know the grounds for the action against them. Appearing before a three-judge bench of justices Altamas Kabir, Gyan Sudha Mishra and J Chalameshwar, Additional Solictor General P P Malhotra said the RTI Act was not available to suspects as the legislation was subordinate to Article 22 of Constitution which provided for preventive arrest of a person. "Right to information Act was enacted to bring about transparency in the working of various departments of the Government and it dealt with the functioning of the departments and that it has nothing to do with the detention orders. "According to Article 22(5) of the Constitution, the detenue was entitled to the grounds of detention only after his arrest and not prior thereto. According to COFEPOSA(Conservation of Foreign Exchange and Prevention of Smuggling Act), the grounds of detention could be served on the detenue within 5 days after arrest and upto a maximum period of 15 days in exceptional cases," he said. Malhotra was making his submission in the hearing relating to a bunch of appeals filed by detenues challenging a Bombay High Court order which took the view that the RTI Act was available to them to elicit information on the grounds of their detention. Preventive detention is an imprisonment that is imposed by way of detaining a person in order to prevent him/her from committing a crime, if that person is "deemed likely to commit" a crime.

CNN-IBN, 19 April, 2012, http://ibnlive.in.com/generalnewsfeed/news/detenue-cant-invoke-rti-act-centre-tells-apex-court/988214.html


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