2014 (1) TMI 1673 - HC - Indian Laws

RTI application - Held that - In the light of the provisions contained in Section 2(f) and 2(j) of the Act, the stand taken by the respondent that the Act does not contemplate issue of certified copies of documents or records cannot be sustained. Likewise also find no merit or force in the contention of the respondents that grant of certified copies may give authenticity to the documents which may not be genuine or even fabricated. In the event of an applicant s request for information being granted all that the Public Information Officer would have to do is to certify that the copy is one issued under the Right to Information Act, 2005. He is not called upon to certify that it is a copy of a genuine document. Therefore, find no reason why the first relief prayed for by the petitioner cannot be granted. Accordingly allow the writ petition and direct the first respondent to issue a fresh set of documents sought for in Ext.P1 application other than the No Objection Certificate issued by the Fire and Rescue Services Department on the petitioner paying the requisite fees and to certify the copies as copies issued under the Right to Information Act, 2005. The needful in the matter shall be done and copies of documents issued within one month from the date of receipt of a copy of this judgment.

Summary

Issues:
- Certification of copies under the Right to Information Act, 2005
- Availability of No Objection Certificate issued by the Fire and Rescue Services Department

Certification of Copies under the Right to Information Act, 2005:
The petitioner, a lawyer, filed an application under the Right to Information Act requesting attested or certified copies of documents from the Public Information Officer. The petitioner's request for certification was denied by the Appellate Authority, citing a general instruction against certifying copies issued under the Act. The respondents argued that the Act does not mandate certification of copies and that doing so may authenticate potentially fabricated documents, posing risks to society. However, the petitioner contended that the Act allows for the issuance of certified copies, as defined in Sections 2(f) and 2(j) of the Act. The court agreed with the petitioner, emphasizing that certifying a copy under the Act only confirms it was issued under the Right to Information Act, not verifying the authenticity of the document. Consequently, the court directed the first respondent to provide a fresh set of documents requested by the petitioner, certifying them as copies issued under the Act.

Availability of No Objection Certificate issued by the Fire and Rescue Services Department:
The respondents stated that the No Objection Certificate was not provided as it was unavailable in the files. The court advised the petitioner to approach the Fire and Rescue Services Department directly for the information. Given the unavailability of the certificate, the court did not issue any specific directives regarding this matter in the judgment.

In conclusion, the court ruled in favor of the petitioner regarding the certification of copies under the Right to Information Act, 2005, directing the first respondent to provide the requested documents with certification within one month. The issue of the missing No Objection Certificate was advised to be pursued directly with the Fire and Rescue Services Department.