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RTI lock off travel details

-PTI

New Delhi: The Central Information Commission has directed the Bureau of Immigration, an agency exempted from RTI Act disclosures, to give a person details of his travel as he needed it for defence in penal proceedings that landed him in jail.

The CIC underlined that any impediment to a person's self-defence would be a breach of human rights.

The case pertains to RTI applicant M. Dinesh, who had sought information related to arrival-departure details in his passport through his application in 2016.

Dinesh said he had been falsely implicated by a person who had accused him of issuing threats. Dinesh claimed that he was in Dubai when the purported incident allegedly took place, but police did not hear his plea and sent him to jail.

He applied for details of his arrival and departure from the Bureau of Immigration, a unit of the Intelligence Bureau, which is exempted from making any disclosures under the transparency law barring allegations pertaining to corruption and human rights violations.

"I request your good say to direct and order the BOI to provide my arrival and departure details on my passport. I am only asking for my own particulars in my passport, which aren't readable," he pleaded before the commission.

Information commissioner Yashovardhan Azad said Article 21 of the Constitution guaranteed the right to lead a dignified life with personal liberty, while Article 14 gave equality before law to all citizens.

"In a catena of judicial pronouncements, the right to have a fair trial is held to be an embodiment of Article 14 read with Article 21," Azad, a former senior intelligence officer, underlined in his order.

Azad said he was left with no doubt that a man preparing for his self-defence in penal proceedings exercises his basic human right.

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