TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Court limits Central Information Commission's compensation power under Right to Information Act</h1> <h3>Public Information Officer Tihar Jail Versus Om Prakash Gandhi And ANR</h3> Public Information Officer Tihar Jail Versus Om Prakash Gandhi And ANR - TMI Issues:1. Jurisdiction of the Central Information Commission (CIC) to award compensation for unjustified incarceration under the Right to Information Act, 2005.Analysis:The petitioner challenged an order by the CIC directing jail authorities to compensate a detainee for unjustified incarceration despite being granted bail. The petitioner argued that the CIC lacked jurisdiction to award such compensation. The detainee claimed he was detained beyond his sentence end date without legal authority. The Court clarified that the CIC's power to award compensation is linked to the denial of information under the Act. The CIC's compensation authority is limited to losses connected to the denial of complete information sought by the complainant.The Court emphasized that the CIC's compensation power is an extension of its appellate role under the Act. The CIC can only compensate for losses related to denied information. In this case, the detainee filed information requests after his release, and the compensation awarded was not tied to denied information. The CIC's compensation for extended detention was deemed beyond its jurisdiction. The Court referred to a previous case to highlight the requirement for a direct link between denied information and compensation.The Court set aside the CIC's order, stating it lacked a basis for compensation. However, it clarified that the detainee could pursue compensation through appropriate legal channels. The judgment concluded by disposing of the petition and related applications.
TaxTMI 