The court allows service providers permission to execute HP Telecom Department’s recommendations for improved internet access inside the state, is upheld by the High Court of Himachal Pradesh through the learned Judge JUSTICEVIVEK SINGH THAKUR, in the case of OIC Ltd. v. Hira Devi, FAO ((WCA) 417 of 2012).
Brief facts of the case:
The instant application was filed seeking direction to the Panchayat Secretary, Shingla, Development Block, Rampur, District Shimla, H.P. to furnish the death certificate, Legal Heir Certificate and BPL Certificate in respect of Baldev resident of Village Dakolar, Post Office Shingla. As per the requirements mentioned in Section 8(1) J and Section 11 of Right to Information Act, 2005 as the aforesaid officer declined it.
It was brought to the notice of the Court that the Death Certificate, Birth and Death Register is maintained by the Panchayat Secretary of relevant Gram Panchayat as a local Registrar Birth and Death. Death Certificate is supplied by the Panchayat Secretary to the family members of the dead individual exclusively. It was further noted that the copy of Death certificate of late Sh. Baldev was requested to be provided under the RTI Act, 2005 and accordingly as per provision 11 (1) of the RTI Act, 2005 for providing Third Party information wife of deceased was inquired who refused to provide certificate of her deceased husband and accordingly as per Rule 8(1)(j) and 11 of the RTI Act, the applicant/Advocate was intimated accordingly by the concerned Public Information Officer-cum-Panchayat Secretary Shingla.
JUDGEMNET:
After a party has passed away, the court noted that his death certificate could no longer be considered “Third Party Information” because it exclusively pertains to the deceased. It was also noted that the entries in the Birth and Death Register are considered public papers acceptable under Section 35 of the Indian Evidence Act, and that it is not essential to show who made the entries or where the information came from.
According to the judgement, henceforth, if a copy of death certificate is required by any person or authority under Right to Information Act, or even on plain paper, the same shall be delivered by all the Panchayat Secretaries in the State of Himachal Pradesh, subject to course on regular charges.
JUDGEMENT REVIEWED BY – HARILAKSHMI
