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2012 (6) TMI 417 - HC - Indian LawsPetition to assail order of Central Information Commission (CIC) directing petitioner to provide information under the Right to Information Act in relation to the donations made by the President from time to time and to publish the details regarding the donations made i.e. the names of the recipients of the donations, their addresses and the amount of donation in each case, on the website of the President s Secretariat - petitioner invoked Section 8(1)(j) i.e. by treating the information as personal information - Held that - The donations made by the President of India cannot said to relate to personal information of the President. It cannot be said that the disclosure of the information would cause unwarranted invasion of the privacy of, either the President of India, or the recipient of the donation. A person who approaches the President, seeking a donation, can have no qualms in the disclosure of same. Such acts of generosity and magnanimity done by the President should be placed in the public domain as they would enhance the stature of the office of the President of India. In that sense, the disclosure of the information would be in the public interest as well - Petition dismissed.
Issues:
- Challenge to the order of Central Information Commission directing disclosure of information regarding donations made by the President under Right to Information Act. - Invocation of Section 8 (1) (j) of the Act by the petitioner to withhold information. - Equating donations with subsidy by the Central Information Commission. - Right to privacy of third parties receiving donations. - Public interest in disclosing information about donations made from public funds by the President. Analysis: 1. The petitioner challenged the Central Information Commission's order directing disclosure of information about donations made by the President under the Right to Information Act. The petitioner invoked Section 8 (1) (j) of the Act to withhold this information, citing it as personal and not in the public interest. 2. The petitioner argued that the CIC equated donations made by the President with subsidy, which was contested. The right to privacy of third parties receiving donations was also raised as a concern. The petitioner contended that the matter required further consideration by the court, emphasizing that the President is not immune from the application of the Act. 3. The High Court analyzed the impugned order and provisions of the Act, finding no merit in the petitioner's submissions. It emphasized that donations made by the President are from public funds collected by the state for the benefit of the general public. The Court highlighted that the President's donations are not from a private fund but public funds, making disclosure essential for transparency. 4. The Court rejected the argument that disclosing information about donations would infringe on the privacy of recipients, stating that basic details like names, addresses, and amounts could be disclosed without violating Section 8 (1) (j) of the Act. It emphasized that such transparency would enhance the stature of the President's office and serve the public interest. 5. The Court dismissed the petitioner's claim that the CIC misunderstood donations as subsidies, noting that donations from public funds should be treated similarly to subsidies provided by the government. It upheld the CIC's decision to direct disclosure of donation details and emphasized the public's right to know about such contributions made by the President. 6. In conclusion, the High Court found no merit in the petitioner's arguments and dismissed the petition, affirming the CIC's order to disclose information about donations made by the President from public funds. The Court highlighted the importance of transparency and public interest in revealing such details.
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