2013 (5) TMI 984 - Commission - Indian Laws

Summary

Issues Involved:
The issue involved in this case is the right of the Appellant to obtain information from the CPIO u/s RTI Act, specifically regarding queries related to a case filed by SEBI against him.

Summary:
In this judgment by the Central Information Commission, the Appellant had raised queries seeking the opinion of the CPIO on the legality of SEBI's actions in a case filed against him. The CPIO had responded that since the matter was sub judice and all records were with the court, the Appellant should obtain information from the court. The Appellant appealed this decision, but the Appellate Authority upheld the CPIO's stand.

The Appellant argued for his right to the information sought, while the respondent reiterated that the court should decide on disclosure due to the pending nature of the case and the records already submitted. The Commission noted that the queries were more about seeking opinions rather than factual information. It emphasized that the CPIO can only provide existing records, not create new ones to address specific queries. The Commission stated that legal counsel would be better suited to address the Appellant's queries seeking opinions.

Consequently, the Commission ruled that the CPIO was not required to disclose any information in this case, despite disagreeing with the reasons given by the CPIO for non-disclosure based on the matter being sub judice. The case was disposed of accordingly, with copies of the order provided to the parties free of cost.