How should I prepare for a CIC hearing on my RTI second appeal?

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My RTI second appeal has finally been listed for a hearing before the Central Information Commission. How should I prepare, and what should I ask for?

1 Answers

CIC hearings are short, so preparation decides the outcome.

  1. Write a brief written submission (synopsis) and send it to the Commission and the public authority before the hearing. Structure it as: background; the RTI questions and the replies; why each reply is deficient; your arguments; and the reliefs sought.
  2. List your exhibits: the RTI application, the CPIO reply, the first appeal, the FAA order, and any evidence such as recordings or emails, labelled A, B, C...
  3. Make arguments the Commission recognises:
    • Information that exists can only be refused under a specific exemption in Section 8 or 9. If none was cited, the refusal is bad.
    • Section 10(1) (severability): if a record mixes your information with others' (for example, a composite recording of several hearings), the authority must separate and give your part.
    • Contradictions in the replies: for example, "no written record exists" alongside a decision that relies on that record.
  4. Ask for specific reliefs: a direction to provide the information within a deadline, a penalty on the CPIO under Section 20(1) for unjustified refusal, and compensation under Section 19(8)(b) if you suffered loss.
  5. On the day, keep to two or three key points. The Commissioner will have read the file only briefly.

I documented the full process, including the second appeal and hearing, at BimaFiles: RTI.