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TMI Blog2012 (11) TMI 922X X X X Extracts X X X X X X X X Extracts X X X X ..... sought, to the respondent No.4. Though as per the Roster of this Court, the writ petition challenging the order of the CIC is to be heard by a Single Judge of this Court but the same is listed before us because the petitioner has also sought a declaration of "Sections 8(1)(d) and 8(1)(e) of the Right to Information (RTI) Act, 2005 as ultra vires, unconstitutional and violative of Article 14 of the Constitution of India". We have as such first heard the senior counsel for the petitioner on the vires of Sections 8(1)(d) and 8(1)(e) of the RTI Act inasmuch as if we do not find any merit in the said challenge, the petition so far as challenging the order dated 06.11.2012 of the CIC, is to be considered by a Single Judge Bench of this Court. 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lic interest" is an expression which has found its way in several legislations and has been repeatedly and elaborately interpreted by the Courts and the ground of "public interest' being an amorphous, nebulous or vague and indefinite concept held to be not available for assailing the provision. It thus cannot be said that the use of the words "public interest" in the 'proviso' vests unguided discretion in the Competent Authority. 5. The words "in the interest of the general public" were in Maneka Gandhi v. Union of India AIR 1978 SC 597 held to have a clearly well-defined meaning and not vague or undefined. Similarly in Premium Granites v. State of Tamil Nadu [1994] 2 SCC 691 as well as in Orissa Textile and Steel Ltd. v. State of Orissa [ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of such harmonization of conflicting interest. While information including commercial confidence, trade secrets or intellectual property or made available to Public Authority in fiduciary relation, has in recognition of the principle of "preservation of confidentiality of sensitive information" been exempted from disclosure, but such exemption is not available when "larger public interest warrants the disclosure of such information". It thus cannot be said that the proviso taketh away what has been given under Sections 8(1)(d) and 8(1)(e). Notice may be taken of the recent judgment of the Apex Court in Central Board of Secondary Education v. Aditya Bandopadhyay [2011] 8 SCC 497. Though there was no challenge therein to the vires of the 'pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... concept of constitutional interpretation is that the legislature cannot be expected to carve out scientifically perfect or logically complete classification which may satisfy the expectations of all concerned and the Courts would respect the classification dictated by the wisdom of the legislature; it was also noticed that exemptions under Section 8 have been widely worded keeping in mind the need to afford due protection to privacy, national security and the larger public interest and a balance is to be struck between them. 11. As aforesaid, the expression "public interest" is a well understood one. Moreover, a person claiming exemption thereunder, if faced with the plea of public interest by the information seeker, has several foras avai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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