2023 (2) TMI 473 - HC - Indian Laws

Right to information - CIC did not issue notice to the Shri Ram Janmabhoomi Teerth Kshetra Trust whose information was sought, which is mandated under Section 19(4) of the RTI Act - seeking exemption / deduction u/s 80G(2)(b) for donations - HELD THAT - The Petitioner i.e. CPIO, CBDT has made out a prima facie case for grant of interim relief, the balance of convenience lies in its favour and irreparable injury would be caused to it if the interim relief is not granted. Accordingly, impugned order dated 30th November, 2022 which is stated to be received by the CPIO, CBDT on 3rd January, 2023 shall remain stayed till the next date of hearing. No coercive steps shall be taken against the CPIO, CBDT pursuant to the same. Ld. counsel for the CPIO, CBDT shall consider whether the Shri Ram Janmabhoomi Teerth Kshetra Trust, whose information is being sought in the RTI application ought to be impleaded as a Respondent in this matter. If so, he shall take appropriate steps in accordance with law - The Registry shall serve the Respondent on the Email ID given in the memo of parties.

Summary

Issues Involved:
1. Quashing of the impugned order passed by the Central Information Commission (CIC) regarding an RTI application seeking information related to a trust's exemption/deduction under Section 80G(2)(b).
2. Interpretation of Section 8(1)(j) and Section 8(1)(e) of the Right to Information Act, 2005.
3. Applicability of judgments by different High Courts and the Supreme Court in determining the disclosure of information under the RTI Act.
4. Consideration of third-party information, fiduciary capacity, and public interest in disclosing information.
5. Compliance with procedural requirements under the RTI Act, including notice to third parties and reasoning for reversing previous orders.

Analysis:
1. The petition filed by the Petitioner, the Central Public Information Officer, sought to quash the CIC's order denying information requested under an RTI application related to a trust's exemption/deduction. The CIC directed the CPIO to provide certain information within 15 days while rejecting other parts of the application.
2. The CPIO initially denied the information under Section 8(1)(j) of the RTI Act, citing exemption for third-party information. The Appellate Authority upheld this decision, also invoking Section 8(1)(e) and emphasizing the lack of public interest disclosure under Section 11 of the RTI Act.
3. The CIC reversed the CPIO's and Appellate Authority's orders, relying on its previous decision and directing the CPIO to provide specific information. The CPIO argued that the information was exempt under Section 138 of the Income Tax Act, 1961, and distinguished the case from previous judgments.
4. The Court found that the CIC did not follow procedural requirements, did not consider the exemption under Section 138 of the Income Tax Act, and overlooked the fiduciary capacity of the CBDT in holding the information. The Court granted interim relief to stay the CIC's order, considering a prima facie case by the Petitioner.
5. The Court emphasized the need for the CPIO to assess whether the trust should be impleaded in the matter and directed further steps for compliance. The case was listed for future hearings to address the issues raised comprehensively.

This detailed analysis covers the legal aspects and procedural considerations involved in the judgment, highlighting the key arguments and decisions made by the authorities.