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TMI Blog2011 (4) TMI 1054X X X X Extracts X X X X X X X X Extracts X X X X ..... o be denied to the petitioner as well, as the information sought by the petitioner is factual in nature, therefore, the respondents cannot claim the exemption, as provided under Section 8(1)(d) of the Act, next submission of learned counsel for the respondents that the information relatable to a third party cannot be supplied to the petitioner, is again not tenable. The word “Third-Party” has been defined under Section 2(n) of the Act and even SIC is competent to direct ASPIO to provide the information relating to third party as envisaged under Section 11 of the Act – Held that:- it was obligatory on the part of ASPIO to provide the factual information sought by the petitioner, writ petition is allowed - 2233 of 2011 - - - Dated:- 4-4-2011 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Constitution of India. 5. Having heard the learned counsel for the parties, having gone through the record and relevant provisions of the Act, with their valuable help and after bestowal of thoughts over the entire matter, to my mind, the instant writ petition deserves to be accepted in this context. 6. As is evident from the record, that the application (Annexure P2) filed by the petitioner was first rejected by the ASPIO, by means of single line impugned order (Annexure P3) and his complaint/appeal (Annexure P4) was also dismissed by the SIC, by virtue of impugned order (Annexure P5). 7. As it emerges from the impugned order, that the main ground, which appears to have been weighed with the SIC, was that since the information ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g anything contained in this Act, there shall be no obligation to give any citizen, (a) xx xx xx xx (b) xx xx xx xx (c) xx xx xx xx (d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information. 13. Sequelly, the word Information has been defined under Section 2(f) to mean any material in any form, including records, documents, memos, e- mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act envisaged that the information, which cannot be denied to the Parliament or the State Legislature, shall not be denied to any person. 17. A conjoint reading of the aforesaid provisions will leave no manner of doubt that every information is not exempted. Only those informations, pertaining to commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, the information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information and the disclosure of which has no relationship to any public activity or interest, or which would cause unwarrant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 2(n) of the Act and even SIC is competent to direct ASPIO to provide the information relating to third party as envisaged under Section 11 of the Act. 20. In this manner, it was obligatory on the part of ASPIO to provide the factual information sought by the petitioner. If the arguments of learned counsel for respondents are accepted as such, then, no information will be permissible, which would certainly nullify the aims and objects of the Act. Therefore, the contention of learned counsel for the petitioner that he is entitled to the information sought under the Act, has considerable force. On the contrary, the submissions of learned counsel for the respondents stricto sensu liable to be and are hereby repelled and the i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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