Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2012 (6) TMI 417

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 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. - W.P. (C) no. 3382 of 2012 - - - Dated:- 14-6-2012 - VIPIN SANGHI, J. JUDGMENT 1. The petitioner President's Secretariat, through its Secretary, has preferred the present writ petit .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... C has not dealt with the petitioner's submissions founded upon Section 8 (1) (j) of the Act. It is also argued that the right to privacy of third parties would be breached, in case such disclosure is made. In any event, the right of third parties/recipients of the donation, to oppose disclosure by resort to Section 11 has not been dealt with. It is argued that the matter requires consideration, and the petition should be admitted for further hearing by the court. Mr. Chandhiok submits that the CIC has not followed its earlier decision rendered in Appeal No. CIC/WB/A/2009/000217 dated 18.12.2009, wherein it had been held that the queriest had no right to seek information in relation to donations made from out of the Prime Minister's Relief F .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Relief Fund, would have no application to the facts of the present case, assuming for the sake of arguments that the said decision of the CIC takes the correct view. Since this Court is not concerned with the disclosures vis- -vis the Prime Ministers Relief Fund, the said issue is not being dealt with herein. In any event, unlike in the case of the Prime Minister's Relief Fund, in the present case, the donations have been made by the Hon'ble President of India from the tax payers money. Every citizen is entitled to know as to how the money, which is collected by the State from him by exaction has been utilized. Merely because the person making the donations happens to be the President of India, is no ground to withhold the said information. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ns 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 his/her name, address, the amount received by him/her as donation or even the circumstance which compelled him or her to approach the First Citizen of the country to seek a donation. 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 di .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates