2012 (7) TMI 1068 - HC - Indian Laws

Summary

Issues involved:
The judgment involves the interpretation of Section 8(1)(d) of the Right to Information Act, 2005 regarding the disclosure of information related to complimentary air tickets issued by Air India in 2006.

Details of the Judgment:

Issue 1: Denial of Information by Air India
The respondent sought information regarding complimentary air tickets issued by Air India in 2006. Air India denied the information under Section 8(1)(d) of the RTI Act, citing commercial interests and competition in the aviation industry. The Central Information Commission (CIC) upheld the denial, stating that disclosing details of complimentary tickets may affect Air India's commercial interests. However, the CIC directed Air India to provide rules/regulations for issuing such tickets.

Issue 2: Judicial Review
The respondent filed a writ petition challenging the denial of information. The Single Judge held that the information sought did not constitute commercial confidence or trade secrets under Section 8(1)(d) as it pertained to Air India itself. The Judge directed Air India to disclose the names of persons who received complimentary tickets in 2006, emphasizing transparency and accountability in public authorities' functioning.

Issue 3: Disclosure of Information
During the appeal, Air India resisted disclosing the information, claiming it could reveal trade secrets and benefit competitor airlines. However, the Court found no basis for confidentiality and emphasized the RTI Act's purpose of promoting transparency. The Court noted that public funds support Air India, making the issuance of complimentary tickets a matter of public interest. The Court ruled that the information was not exempted under Section 8(1)(d) and directed Air India to disclose details of the complimentary tickets issued in 2006.

Conclusion:
The Court dismissed the appeal but directed Air India to provide information on the 706 complimentary tickets issued in 2006. Air India was given one week to confirm if information on remaining tickets had been destroyed. No costs were imposed on Air India in this regard.