In a transparency-pleasant ruling, the Delhi superior court docket has held that Trai will have to furnish information on surveillance or monitoring of an applicant’s cellphone by any agency considering that it has the lawful energy to get this kind of data from a telecom provider service provider.
“If a general public authority has a right and is entitled to obtain facts from a personal overall body, less than any other regulation, it is ‘information’ as defined in Segment 2 (f) of the RTI Act. Consequently, it is an obligation on the general public authority to get the facts from the non-public body and furnish the similar to the applicant,” Justice Suresh Kait noted in a recent buy.
The ruling came on a plea submitted by law firm Kabir Shankar Bose. Justice Kait rejected the claim of Trai that it experienced no electric power to simply call information and facts from the private physique, i.e. Vodafone India in this circumstance, pointing out that the regulator was regulating telecom solutions in India.
In September, the Central Details Fee (CIC) had questioned Trai to give Bose with the information and facts soon after getting it from Vodafone. Vodafone, on the other hand, sought exemption from disclosure on the lawyer’s RTI plea, declaring by itself to be a personal organisation and not a ‘public authority’ as described under the RTI Act.
Trai preserved that the data sought by Bose was not a component of report with it and on that ground on your own it was not necessary to furnish the information less than any regulation or procedures. The RTI Act did not solid an obligation upon Trai to accumulate these types of non-readily available data and then furnish it to an applicant. The HC countered that ‘information consists of in its ambit the information relating to any personal physique, which can be assessed by general public authority less than any law for the time getting in force’.