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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 ..... 11.2012 of the CIC on merits is concerned, the same as aforesaid is to be considered by the learned Single Judge. The senior counsel for the petitioner states that the time granted by the CIC to SEBI for providing information is expiring tomorrow and unless operation of the order of the CIC is stayed, the writ petition may become infructuous. On this submission, the writ petition be listed before the learned Single Judge as per Roster for consideration, on 22nd November, 2012. - W.P.(C) No. 7248 OF 2012 AND CM NO.18689 OF 2012 - - - Dated:- 21-11-2012 - RAJIV SAHAI ENDLAW, J. ORDER Rajiv Sahai Endlaw, J. - CM No.18690/2012 (for exemption) Allowed, subject to just exceptions. The application is disposed of. WP(C) No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... both the aforesaid exemptions are subject to: "unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information ". 3. Though the petitioner who is opposing the disclosure claiming exemption under Sections 8(1)(d) and 8(1)(e) supra, has sought declaration of the entire Sections 8(1)(d) and 8(1)(e) as ultra vires but the senior counsel for the petitioner has confined the challenge only to the 'proviso' to the aforesaid exemptions. It is contended, that the 'proviso' virtually takes away the exemption provided for in Sections 8(1)(d) and 8(1)(e) and is too widely worded leaving unguided discretion in the Competent Authority to override the exemption by citing public interest, without ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation from the Directive Principles which embody par excellence the constitutional concept of public interest. 6. We may also notice that it is not always feasible and practical to lay down exhaustive guidelines and which can cover all the contingencies. Moreover, the guidelines can be gathered from the setting of the Act. 7. The RTI Act, as per its Preamble, is to fulfill the constitutional goal, of establishment of a democratic republic, which requires an informed citizenry vital to its functioning, and to set out the practical regime for citizens to secure access to information under the control of Public Authorities. The Preamble to the Act itself notices that revelation of information may conflict with other public interest inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions enforcing the provisions of RTI Act have to adopt a purposive construction, involving a reasonable and balanced approach which harmonizes the two objects of the Act, while interpreting Section 8 and the other provisions of the Act". The right to information was held to be a cherished right intended to be a formidable tool in the hands of responsible citizens to fight corruption and to bring in transparency and accountability. 9. We have ourselves enquired from the senior counsel for the petitioner as to what guiding principles possibly could have been laid down or as to what should be the "reading down" of the proviso. No reply has been forthcoming. Rather, it is stated that the argument of "reading down" may not have been appropria ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompetent to go into the question of public interest. 12. As far back as in Gobind v. State of Madhya Pradesh [1975] 2 SCC 148 it was held that privacy / dignity claims can be denied when an important countervailing interest is shown to be superior. It is thus not as if the proviso aforesaid to Sections 8(1)(d) and 8(1)(e) provides for anything new. 13. Accordingly, the challenge to the vires of Sections 8(1)(d) and 8(1)(e) of the RTI Act is rejected. 14. As far as the challenge to the order dated 06.11.2012 of the CIC on merits is concerned, the same as aforesaid is to be considered by the learned Single Judge. The senior counsel for the petitioner states that the time granted by the CIC to SEBI for providing information is expiring t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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