Proceedings before CIC not to End on Death of RTI Applicant

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June 22, 2018

The Central Information Commission (CIC) has directed that proceedings pending before CIC will not abate in the event of death of the RTI Applicant/ complainant. The CIC noted that instances have occurred wherein an Appellant/Complainant dies before his case is considered by the CIC and further action to be taken in such a situation has engaged the attention of the Commission.

CIC’s order can be accessed here.

Here it would be pertinent to mention that Section 24 of the Central Information Commission (Management) Regulations, 2007 states that “the proceedings pending before the Commission shall abate on the death of the Appellant or Complainant”. However, the Regulations were declared ultra vires by the High of Delhi in the case of DDA v. CIC & Anr.[1].

In pursuance of Delhi High Court’s aforesaid verdict, the CIC considered the issue and declared that:

….This Commission, therefore, resolves that if it receives a complaint regarding assault or  murder of an information seeker, it will examine the pending RTI applications of the victim and order the concerned Department to publish the requested information suo motu on their website as per the provisions of law…

The Commission carefully considered this matter in its meeting held on June 5, 2018 and has now decided that in case of death of the Appellant/Complainant, the case will be heard as usual as Second Appeal/Complaint and the decision will be put up on the website of the Commission.

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[1] W.P. (C) 12714/2009