PIO is asking for affidavit and ID proof — is this legal?
Filed RTI to municipal corporation. PIO sent letter asking for notarised affidavit + Aadhaar copy + reason for seeking info. I thought RTI doesn't need reasons. What's the legal position?
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Answers
3 answersCompletely illegal — and this is unfortunately a very common stalling tactic. §6(2) of RTI Act explicitly says:
"An applicant making request for information shall NOT be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him."
What you should do:
1. Reply to the PIO in writing citing §6(2), refusing to provide affidavit or reason 2. Treat the demand as a deemed refusal if not provided within 30 days of your original application — file First Appeal immediately 3. In the First Appeal, ask the FAA to direct action against the PIO under §20 (penalty up to ₹25,000) for 'malafide refusal'
Template response: https://righttoinformation.wiki/pio-asking-affidavit-response List of common PIO delay tactics + counters: https://righttoinformation.wiki/pio-delay-tactics-counters
Chapter 5 of The RTI Playbook is entirely about PIO games and how to neutralise them.
Add this to your reply: 'Demand for affidavit/ID is contrary to §6(2) of RTI Act 2005 and CIC's standing order in Sarbjit Roy v DERC (2007). Continuation of this demand will be treated as bad faith refusal under §20.' That sentence alone usually kills the demand.
Happened to me with WBPCB — they wanted notarised affidavit. After I sent the §6(2) response, they 'discovered' the records and replied in 9 days. PIOs back off the moment they realise you know the law.
New replies
Completely illegal — and this is unfortunately a very common stalling tactic. §6(2) of RTI Act explicitly says:
"An applicant making request for information shall NOT be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him."
What you should do:
1. Reply to the PIO in writing citing §6(2), refusing to provide affidavit or reason 2. Treat the demand as a deemed refusal if not provided within 30 days of your original application — file First Appeal immediately 3. In the First Appeal, ask the FAA to direct action against the PIO under §20 (penalty up to ₹25,000) for 'malafide refusal'
Template response: https://righttoinformation.wiki/pio-asking-affidavit-response List of common PIO delay tactics + counters: https://righttoinformation.wiki/pio-delay-tactics-counters
Chapter 5 of The RTI Playbook is entirely about PIO games and how to neutralise them.
Add this to your reply: 'Demand for affidavit/ID is contrary to §6(2) of RTI Act 2005 and CIC's standing order in Sarbjit Roy v DERC (2007). Continuation of this demand will be treated as bad faith refusal under §20.' That sentence alone usually kills the demand.
Happened to me with WBPCB — they wanted notarised affidavit. After I sent the §6(2) response, they 'discovered' the records and replied in 9 days. PIOs back off the moment they realise you know the law.
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