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This is an archive article published on November 3, 2023

PIO refuses to provide RTI reply on structural audit of HC building, cites judges’ safety

In a reply, PIO P A Patki stated that the information sought was exempted from disclosure under RTI Act for 'security' purposes “as the disclosure of the same would endanger the life or physical safety of the judges and officials" of the HC.

bombay hcActivist Zoru Bhathena had made an RTI plea on October 10 seeking copy of last three structural audits conducted on the main and annexe buildings of the principal seat of Bombay HC in Mumbai.
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PIO refuses to provide RTI reply on structural audit of HC building, cites judges’ safety
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The Public Information Officer (PIO) of the Bombay High Court has expressed his inability to provide information sought by a city-based activist through an RTI application about the last three structural audits done on the heritage building of the high court in Mumbai.

In a reply, PIO P A Patki stated that the information sought was exempted from disclosure under RTI Act for ‘security’ purposes “as the disclosure of the same would endanger the life or physical safety of the judges and officials” of the HC. “Furthermore, the information sought is held by the concerned department in fiduciary relationship. No larger public interest is demonstrated in your application. Hence, the information sought cannot be disclosed in view of exemption from disclosure under Section 8(1) (e) of the Right to Information Act, 2005,” PIO noted.

Activist Zoru Bhathena had made an RTI plea on October 10 seeking copy of last three structural audits conducted on the main and annexe buildings of the principal seat of Bombay HC in Mumbai. Bhathena claimed he sought information for purposes of filing a writ plea raising concern over Brihanmumbai Municipal Corporation’s decision to reconstruct the 140-year-old Malabar Hill reservoir.

Bhathena claimed he applied for structural audits of HC building, which was older than the reservoir concerned and wanted to show how HC building does not need reconstruction and only repairs would suffice. He also claimed to have filed an RTI plea on information related to BMC building and as per Bhathena, the civic body responded stating that its building was in habitable condition and required only repairs. Bhathena said he is likely to file an appeal against ‘incorrect rejection of information’ by the high court PIO.

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