SUMMER INTERNSHIP REPORT 2k23
SUMMER INTERNSHIP REPORT 2k23
WORKED UNDER
Dr. Devendra Mahor Advocate
(RTI ACTIVIST)
M.P. High Court, Bench Gwalior
Submitted To Submitted By
Dr. Sanjiv Singh Prisha Bansal
Bhadauria BA. LLB. (H)
Associate Professor, 5th semester
ALS. (A61011121038)
1.
CONTENTS
1. Preface
2. Acknowledgment
3. Certificate
4. List of abbreviations
9. Appendix
Weekly reports.
2.
PREFACE
This report is an outcome of the Internship Training Programme of Amity Law School,
Amity University for the students of the 5th semester. The main constituents of the project
are the report of my work under Dr. Devendra Mahor Advocate during the internship, the
research on related issues and the weekly report of my work. I have tried my best to do justice
with my activities and put it in black and white with the same effort as I did it during the
internship.
________________________
3.
ACKNOWLEDGEMENT
A Summer Internship Program is a golden opportunity for learning and self-
development. I consider myself very lucky and honored to have so many people lead
me through in completion of this summer internship project.
I wish to express my in-debt gratitude and special thanks to Dr. Devendra Mohar
Advocate who in spite of being extremely busy with his duties, took time to hear,
guide and keep me on the correct path and allowed me to complete my Internship
under him.
I would like to thank the Internship Report for Bachelor of Arts and Bachelor of
Legislative Law. Our Head of Department Maj. Gen. (Retd) Rajinder Kumar, who
gave me the opportunity to do this Internship. I would also like to thank other staff
members of the office who always helped me and guided me whenever I needed them.
4.
LIST OF
ABBREVIATIONS
Adv. – Advocate.
6.
BRIEF ABOUT THE
ORGANIZATION
My summer internship under Dr. Devendra Mahor Adv. offered a unique opportunity
to delve into the realm of Right to Information (RTI) activism and advocacy. Dr.
Devendra Mahor Adv. is renowned for his commitment to promoting transparency,
accountability, and the effective implementation of the RTI Act. This report provides
an insight into the work culture and the enriching experience during my internship.
During my time under Dr. Devendra Mahor Adv., I observed a work culture deeply
rooted in the principles of transparency, integrity, and social justice. From the very
first day, it became evident that every member working under or around Sir was
passionately dedicated to the cause of ensuring citizens' access to information and
holding public authorities accountable.
One key aspect of the work culture under Dr. Devendra Mahor Adv. is the passionate
advocacy for RTI rights. The office is driven by a team of dedicated professionals,
including the RTI activist advocate Dr. Devendra Mahor I had the privilege to work
with. His unwavering commitment to advocating transparency in governance and
protecting citizens' rights is truly inspiring. This dedication is reflected in the office's
daily activities and the impactful work they undertake.
Moreover, the office fosters a collaborative and inclusive environment. As an intern,
I was encouraged to actively participate in discussions, share ideas, and engage in
meaningful dialogues. This collaborative spirit not only facilitated my learning but
also enriched the overall work environment.
Dr. Devendra Mahor Adv. places a strong emphasis on continuous learning and
education. Throughout my internship, I had the opportunity to attend workshops and
seminars on RTI laws and their implications. These sessions were instrumental in
keeping the team updated with the latest developments in the field, showcasing the
organization's commitment to staying at the forefront of RTI advocacy.
7.
As an intern at Dr. Devendra Mahor Adv., my primary role was to support the research
activities of the RTI activist advocate. This involved conducting in-depth research on
various aspects of the RTI Act, including recent amendments, landmark cases, and
evolving interpretations by the judiciary. My research contributions played a pivotal
role in preparing effective arguments for ongoing cases.
I was also responsible for maintaining a meticulously organized database of RTI cases
handled by the advocate. This entailed cataloging case details, legal precedents, and
tracking the progress of appeals. Additionally, I actively interacted with clients who
visited seeking guidance and assistance in filing RTI applications. This firsthand
experience provided me with a deeper understanding of the challenges individuals
face in exercising their RTI rights.
My internship at Dr. Devendra Mahor Adv. exposed me to the intricate strategies
employed by the advocate to navigate the complex landscape of RTI litigation. I had
the privilege of observing the meticulous drafting of RTI applications and appeals,
which showcased the advocate's legal acumen and dedication to the cause.
In conclusion, my internship at Dr. Devendra Mahor Adv. has been an enlightening
and enriching experience. It allowed me to immerse myself in the world of RTI
activism, witness the practical application of legal knowledge, and understand the
significance of transparency in governance. The work culture at Dr. Devendra Mahor
Adv. nurtured my passion for advocacy and strengthened my commitment to the cause
of ensuring citizens' access to information.
I am immensely grateful to Dr. Devendra Mahor Adv. for his guidance and mentorship
throughout my internship. This experience has not only deepened my understanding
of RTI laws but also inspired me to continue contributing to the pursuit of a more
transparent and accountable society.
8.
BRIEF ABOUT THE REPORTS
SUBMITTED (IFANY) & THE WORK
UNDERTAKEN
During my enriching internship at Dr. Devendra Mohar Adv.'s office, I was entrusted
with a diverse range of tasks, each bearing its unique significance in the realm of Right
to Information (RTI) advocacy. These tasks collectively formed the core of my role,
offering a holistic and hands-on understanding of the intricacies surrounding RTI law
and its practical application. A few of the responsibilities that I undertook included
the meticulous study of the Right to Information Act, 2005, the compilation of
comprehensive summaries, and the presentation of my findings to Devendra Sir,
additionally, I conducted rigorous research on the latest case laws, interacted directly
with clients seeking guidance in filing RTI applications, and maintained an organized
database of RTI cases handled by the advocate. I also actively contributed to the
formulation of legal strategies for ongoing cases and participated in drafting and filing
RTI applications through online portals. Each of these tasks played a pivotal role in
my journey to comprehend and contribute to the cause of transparency, accountability,
and citizens' access to information.
Task 1
In-Depth Review of the Right to Information Act, 2005
My primary responsibility was to engage in weekly, in-depth readings of the Right to
Information Act, 2005. These readings were more than a mere perusal of legal text;
they were a journey into the heart of RTI itself. I meticulously examined the Act's
sections, provisions, and legal intricacies. The significance of this task lies in its role
as the foundation of our RTI advocacy work. A profound understanding of the Act's
clauses was essential, as it allowed us to navigate the labyrinth of RTI law with
precision and to effectively guide individuals seeking transparency and accountability
in government affairs.
9.
Task 2
Summarizing and Presenting Findings
Following each weekly reading, I embarked on the task of compiling comprehensive
summaries of the RTI Act. These summaries served as more than just reference
materials; they were the distilled essence of our legal framework. Moreover,
presenting my findings to the RTI activist advocate was not a mere formality; it was
an opportunity for profound discussions and clarifications. These sessions were
invaluable as they enhanced not only my understanding of the Act but also my ability
to apply its nuances in real-world situations. They bridged the gap between theory and
practice, reinforcing the practical importance of my work.
Task 3
Research on Latest Case Laws
A significant aspect of my role involved staying current with the ever-evolving
landscape of RTI jurisprudence. My responsibilities included rigorous research on the
latest case laws related to RTI, encompassing judgments from various high courts and
the Supreme Court. The importance of this task cannot be overstated. As RTI law
evolves through judicial interpretation, our advocacy strategies must align with these
changing legal landscapes. Researching and tracking these judgments enabled us to
formulate persuasive legal arguments rooted in the most up-to-date precedents,
ensuring the effectiveness of our advocacy.
Task 4
Client Support and Guidance
One of the most rewarding aspects of my internship was my direct interaction with
clients who sought guidance in exercising their RTI rights. I became the bridge
between individuals and their quest for transparency and accountability in government
affairs. Assisting clients in formulating well-structured RTI requests was not merely
an administrative task; it was about empowering citizens to wield their right to
information effectively. I explained their rights and responsibilities, demystifying the
sometimes daunting RTI process. These interactions underscored the practical
challenges individuals face, grounding my work in the real-world impact of RTI.
10.
Task 5
Case Documentation and Organization
A critical responsibility within my role was maintaining a meticulously organized
database of RTI cases handled by the advocate. This comprehensive catalog included
detailed case information, tracking appeal progress, and systematically organizing
pertinent legal precedents. Beyond mere documentation, this task was about creating a
repository of our advocacy efforts. It ensured that we possessed a comprehensive
overview of the cases we handled, enabling efficient reference and analysis. This
organization was pivotal in not only tracking individual cases but also in discerning
broader trends in RTI-related issues.
Task 6
Contributing to Legal Strategies
My involvement in shaping legal strategies for ongoing RTI cases was a testament to
the hands-on nature of my internship. This task entailed active participation in drafting
RTI applications and appeals, where legal precedent was applied to construct
compelling arguments. It was not just about understanding RTI law; it was about
translating that understanding into effective legal action. The role allowed me to witness
firsthand the transformation of legal knowledge into advocacy strength, reinforcing the
importance of a robust legal strategy in the pursuit of transparency and accountability.
Task 7
Drafting and Filing of RTI Applications through Online Portals
Another pivotal aspect of my internship was actively participating in the drafting and
filing of RTI applications through online portals. This task was grounded in the reality
of the digital age, where online platforms are increasingly utilized for RTI submissions.
It involved translating legal expertise into practical application, ensuring that the digital
filing process was not just efficient but also adhered to legal requirements. By
participating in this process, I gained a firsthand understanding of the contemporary
dimensions of RTI advocacy and the role of technology in facilitating citizens' access
to information.
3. Client-Centric Approach:
Interacting directly with clients seeking guidance in filing RTI applications
taught me the importance of a client-centric approach. Each client had unique
concerns and needs, requiring tailored solutions.
This client-focused perspective not only improved my interpersonal skills but
also instilled in me the significance of understanding and addressing the specific
requirements of individuals. This skill will serve me well in building strong client
relationships in the future.
7. Commitment to Transparency:
Witnessing the dedication of Dr. Devendra Mohar Adv. and the team to
promoting transparency and accountability in governance was inspiring. It
reinforced my commitment to these principles as core values in my legal career.
This commitment will guide my future work as a legal professional, ensuring that
I continue to uphold and advocate for transparency, accountability, and the rule
of law in society.
13.
9. Future Scope:
Looking ahead, I see a vast scope for RTI advocacy work, especially as
technology continues to evolve, and the demand for transparency grows. This
internship has prepared me to adapt to these changes and stay at the forefront of
RTI advocacy.
My experiences during the internship have equipped me with the knowledge,
skills, and passion to make a meaningful impact in promoting transparency,
accountability, and citizens' access to information in my future career.
14.
EXPERIENCE DURING THE TRAINING
In addition, my legal research skills were significantly enhanced during this training.
I became proficient in navigating legal databases, effectively extracting relevant case
laws and legal interpretations. This skill not only improved the quality of my work
during the training but also equipped me with a crucial tool for future legal practice.
The ability to conduct thorough and accurate legal research is fundamental for any
legal professional.
Moreover, I developed a client-centric approach during the training, which has left an
indelible mark on my professional ethos. Each client we interacted with had unique
concerns and needs. I learned to tailor legal solutions to address their specific
requirements, ensuring that our advocacy efforts were not only legally sound but also
sensitive to the individuals seeking assistance in filing RTI applications. This skill is
essential in building strong client relationships, a vital aspect of a successful legal
practice.
Throughout the training, I had the privilege of working on a diverse array of RTI-
related issues. These included cases where individuals had faced difficulties in
accessing information due to refusals by public authorities. It also encompassed
challenges in filing RTI applications effectively, where I witnessed firsthand the
practical hurdles that citizens encounter when exercising their RTI rights.
15.
Furthermore, I was involved in cases that highlighted the critical role of RTI in
promoting transparency and accountability in government projects and public
procurement. These cases underscored the real-world impact of RTI advocacy,
revealing how it can serve as a powerful tool to ensure that public resources are
allocated efficiently and equitably. Some of the cases that I worked on were:
16.
Observations:
The petitioner's counsel argued that chargesheets contain verified information
obtained after thorough investigation, and public access would enhance
transparency in the criminal justice system.
The petitioner relied on the court's previous decision that mandated the
publication of FIRs within 24 hours, asserting that chargesheets, being more
substantial and based on investigations, should also be made accessible to the
public.
The counsel cited provisions of the Criminal Procedure Code, specifically
Sections 207, 173(4), and 173(5), to support their claim that the Investigating
Agency has a duty to furnish copies of chargesheets to the accused, indicating
that public access is justified.
The counsel further contended that chargesheets become public documents
once filed in court, referencing Sections 74 and 76 of the Indian Evidence Act.
The petitioner's counsel invoked Section 4(2) of the Right to Information Act,
arguing that public authorities have a duty to provide information to the public
at regular intervals through various means of communication, which includes
making chargesheets available.
The petitioner's main argument centered on the need for increased
transparency in the criminal justice system by allowing the public access to
chargesheets, ensuring accountability and safeguarding the rights of the
accused, victims, and investigating agencies.
The respondent's counterarguments were not mentioned in the provided
transcript.
Held:
The court observed that the decision in Youth Bar Association of India (supra)
directed the publication of FIRs within 24 hours for the benefit of the accused
and to prevent harassment of innocent accused.
However, the court found that the relief sought by the petitioner, directing the
publication of all charge sheets and relevant documents on public domain or
state government websites, would be contrary to the Scheme of the Criminal
Procedure Code. Under Sections 173 and 207 of the Cr.P.C, the Investigating
Agency is required to furnish copies of charge sheets and related documents to
the accused and not to the public at large.
17.
The court rejected the petitioner's reliance on Sections 74 and 76 of the
Evidence Act, stating that charge sheets and related documents do not fall
under the category of public documents as defined by the Act.
Similarly, the court dismissed the reliance on Section 4(2) of the RTI Act, as
charge sheets and relevant documents do not fall within Section 4(1)(b) of the
Act.
Conclusion:
The case of Saurav Das vs. Union of India dealt with a petition seeking directions to
make chargesheets and final reports publicly accessible on state government
websites. The court denied the relief, stating that the Scheme of the Criminal
Procedure Code does not allow for such public disclosure and that chargesheets are
meant to be provided to the accused, not to the public at large. The court also
rejected the petitioner's reliance on the Evidence Act and the RTI Act. Consequently,
the writ petition was dismissed.
All collegium discussions can’t be in the public domain; only final decisions are to be
uploaded on the SC website, in the case at hand, a Right to Information application
sought the copies of resolution and decision taken in the Supreme Court Collegium’s
meeting dated 12.12.2018 regarding the elevation of Chief Justices of Two High
Courts. Hence, only after the final resolution is drawn and signed by the members of
the Collegium, which is always after completing the due procedure and the process of
discussion/deliberations and consultation, is the same required to be published on the
Supreme Court website as per Resolution dated 03.10.2017.
18.
HDFC Bank Ltd. v. Union of India, 2022
The Court noted that the decision in Jayantilal N. Mistry (supra) directed the RBI to
issue directions to the petitioners/Banks to disclose the information even with regard
to the individual customers of the Bank, which may adversely affect the individuals’
fundamental right to privacy, as recognized in K.S. Puttaswamy v. Union of India,
(2017) 10 SCC 1. The Court noted that no doubt the right to information is also a
fundamental right, however, in case of such a conflict, the Court is required to achieve
a sense of balance. Hence, without expressing any final opinion, the Court held that
prima facie, the judgment in Jayantilal N. Mistry (supra) did not take into
consideration the aspect of balancing the right to information and the right to privacy.
Accordingly, the preliminary objection raised by the applicants was held to be not
sustainable and the same was rejected.
19.
Supreme Court of India v. Subhash Chandra Agarwal, (2020)
NGO/ Society/ Institution neither owned nor controlled by Government nor created
by an Act or notification is public authority if financed directly or indirectly by
Government In an appeal filed by the appellant i.e. associations running the colleges
and/or schools seeking clarification on whether non-governmental organizations
substantially financed by the appropriate government fall within the ambit of ‘public
authority' under Section 2(h) of the Right to Information Act, 2005, a division bench
of Deepak Gupta* and Aniruddha Bose, JJ., held that appellant 1 is the Society which
runs various colleges/schools but each has an identity of its own and is a public
authority within the meaning of the Act.
20.
Yashwant Sinha v. CBI, (2019)
[Rafale Deal] Exemption under S. 8 RTI can be waived when public interest
outweighs the harm to protected interest; Supreme Court allowed admissibility of
leaked documents In a PIL filed seeking cancellation of the Rafale arms deal: a 7.8
billion euro weapons deal to purchase 36 Rafale fighter planes from France raising an
objection by the Central Bureau of Investigation (CBI) to review the arms deal on the
grounds that the documents published by ‘The Hindu' newspaper which formed the
basis of the investigation were stolen and thus could not be used in a Court of Law, a
full bench held that leaked documents relating to the Rafale arms deal were admissible
for consideration by the Court.
Delhi High Court | Disclosure of reports and dossiers relating to terrorists act under
investigation is barred by RTI Act In a petition filed by the Petitioner, Ehtesham
Qutubuddin Siddique, a convict in the 11-07-2006 Mumbai Train blast case seeking
quashing of the impugned order dated 31-07-2019 passed by the Central Information
Commission (CIC) wherein the prayer to provide him a true copy of the report/ dossier
etc., submitted by Maharashtra Government regarding the investigation of 7/ 11 bomb
blast case in the year 2006 and by the Andhra Pradesh Government in the year 2009
has been rejected, Prathiba M Singh, J upheld the rejection order and held that the
reports and dossiers by intelligence authorities relating to terrorist activities, which
are the subject matter of investigation are barred and thus, cannot be disclosed under
RTI especially, if they compromise the sovereignty and integrity of the country.
21.
Union of India v. Arvind M Kapoor, 2023.
Delhi High Court - CPIO, PIO, CIC cannot assess the impact of disclosure of
confidential information in anti-dumping proceedings; No inconsistency between RTI
Act and Anti-Dumping Rules In a petition filed by Union of India (petitioner)
challenging the order passed by the Central Information Commission directing the
Directorate General of Anti-Dumping and Allied Duties to provide the information
sought by the Right to Information (RTI) applicant Mr. Arvind M. Kapoor
(respondent), Prathiba M Singh, J., set aside the impugned order and held that the
authorities under the RTI Act, the CPIO, PIO, First Appellate Authority and the CIC
would not have the requisite expertise or wherewithal to comment upon or assess the
impact of disclosure of confidential information submitted or obtained in anti-
dumping proceedings....
A diary of civil & criminal proceedings cannot be obtained by filing RTI; Kerala HC
upholds the constitutional validity of Rule 12 of RTI (Subordinate Courts and
Tribunals) Rules, 2006 In a case challenging the validity of Rule 12 of the Right to
Information (Subordinate Courts and Tribunals) Rules, 2006, Murali Purushothaman,
J., held that Rule 12 is not inconsistent with Article 19(1)(a) of the Constitution and
the provisions of the Right to Information Act, 2005.
In the course of my training, I delved into various laws and regulations that were
central to our advocacy work. These included not only the Right to Information Act
but also legal frameworks such as the Indian Evidence Act. Understanding these laws
was fundamental to crafting compelling legal arguments and advocating effectively
on behalf of our clients.
22.
Beyond the legal realm, my work often intersected with socio-economic issues that
were brought to the forefront during the training. I observed the challenges individuals
face when seeking information related to government schemes, subsidies, and public
services. These challenges highlighted the pivotal role that RTI plays in empowering
citizens and ensuring that public resources are allocated fairly and justly.
In conclusion, my experience during the training at Dr. Devendra Mohar Adv.'s office
was both enriching and enlightening. It equipped me with practical legal skills, a
profound understanding of RTI law, and a deep appreciation for the socio-economic
impact of transparent and accountable governance. These insights have not only
broadened my horizons but also solidified my commitment to upholding the principles
of justice, transparency, and the rule of law in my future legal endeavors.
23.
AMITY LAW SCHOOL
Weekly Progress Report- 1 (W.P.R.)
2) Semester : 5TH
24.
WEEK 1
1. 01.07.23 Saturday Read RTI Act, 2005 The Right to Information Act, 2005, commonly
(Right to referred to as the RTI Act, is a crucial piece of
Information Act, legislation in India that empowers citizens with the
2005) legal right to access information held by public
authorities.
2. 03.07.23 Monday Research on my •Access to Government Information
reading about RTI is •Promotion of Transparency
important. •Effective Participation in Democracy
•Fighting Corruption
•Protection of Rights
•Awareness of Legal Rights
•Empowerment
3. 04.07.23 Tuesday Continued previous Right to Information Act, 2005, is a powerful tool for
research fostering transparency, accountability, and citizen
empowerment in India. Reading and understanding
this act is essential for anyone who wishes to actively
engage with government processes, fight corruption,
protect their rights, and contribute to a more
accountable and transparent democracy.
4. 05.07.23 Wednesday Refer latest case •Saurav Das V. Union of India
laws •Anjali Bhardwaj v. CPIO, Supreme Court of India
(RTI Cell), 2022
25.
AMITY LAW SCHOOL
Weekly Progress Report-2 (W.P.R.)
2) Semester : 5TH
26.
WEEK 2
3. 12.07.23 Wednesday Continued previous This principle ensures that citizens receive access to
research as much information as possible, fostering
transparency, while respecting valid reasons for non-
disclosure under the Right to Information Act.
4. 13.07.23 Thursday Refer latest case • Chief Information Commissioner v. High Court of
laws Gujarat, (2020)
27.
AMITY LAW SCHOOL
Weekly Progress Report-3 (W.P.R.)
2) Semester : 5TH
28.
WEEK 3
29.
AMITY LAW SCHOOL
Weekly Progress Report-4 (W.P.R.)
2) Semester : 5TH
30.
WEEK 4
1. 24.07.23 Monday Read Latest Case • Union of India v. Arvind M Kapoor, 2023.
Laws
2. 25.07.23 Tuesday Research on Each State Information Commission is headed by the
constitution of state State Chief Information Commissioner and includes
information Information Commissioners. They are appointed by
commission the Governor of the respective state. These
commissions handle appeals and complaints related
to the Right to Information Act within their
respective states, promoting transparency and
accountability in state government operations.
3. 26.07.23 Wednesday Read Latest Case •M.P. Chothy v. Registrar General, High Court of
Laws Kerala, WP(C) No. 23224 of 2022
4. 27.07.23 Thursday Research on Powers •Adjudicating Appeals and Complaints
& function of •Summoning and Enforcing Attendance
commission •Receiving Evidence
•Examining Records
•Imposing Penalties
•Awarding Compensation
•Initiating Inquiries
•Giving Directions
•Reporting
5. 28.07.23 Friday Research on Citizens can appeal to higher authorities if their
Appeal & Penalties information requests are denied or inadequately
addressed. Information Commissions have the power
to adjudicate these appeals, order the release of
information, and impose penalties on Public
Information Officers (PIOs) for wrongful
withholding of information or delay in responding to
requests. Penalties are levied on PIOs on a daily basis
until compliance, ensuring accountability and
promoting transparency in the disclosure of
information
31.