ACCESS TO INFORMATION WHEN CAN NOT BE DENIAL/GIVEN, AND OBLIGATIONS OF PUBLIC AUTHORITY.

PUBLIC AUTHORITY:--The expression public authority would include an public authority or a body or an institution of Self-government established or constituted by a law made by the state legislature under section 2(h) (c) of the Act. The legislature had made a conscious distinction between by or under which is used in relation to the Constitution and by in relation to a central or state legislation. As such it would not be enough for the body to be established under a central or a state legislation to become a public authority. If this is so, then every company registered under the companies Act would be a public authority. As the Chandigarh University is a body established by law made by the state legislature and it would be covered under the scope and ambit of the definition of public authority under section 2(h) (c) of the Act ;Chandigarh University, Village Gharuan v. state of Punjab AIR 2013 P&H 187 .(2) ACCESS TO INFORMATION WHEN CAN'T BE DENIAL/GIVEN:-- Where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act doesn't cast an obligation upon the public authority, to collect or collate such non available information and then furnish it to an applicant;Central Board of Secondary Education v. Aditya Bandopadhay, (2011) 8HCC497:JT2011(9) SC212:(2011) 8 SCALE 645.(3) APPLICATION OF ACT IN CASE OF PREVENTIVE DETENTION:--Since clause (5) of Article 22of the Constitution provides that the grounds for detention are to be served on a detenu after his detention, the provision of section 3 of the Right to information Act can not be applied to cases relating to preventive detention at the pre-execution stage. In other words, section 3of the RTI Act has to give way to the provisions of clause (5) of article 22of the Constitution. Even the provisions relating to production of an arrested or detained person , contained in clause (1) and (2) of article 22 of the Constitution, have in their application been excluded in respect of a person detained under any preventive detention laws. Resultantly, notwithstanding the provisions of the RTI Act, the state is not under any obligation to provide the grounds of detention to a detenu prior to his arrest and detention; Subhash Popatlal Dave  v. Union of India, AIR 2012 SC3370 :2012(7) SCC 533:2012(6) JT 314 :2012 (6) SCALE 367 :2012 Cr Lj3848.