Delhi HC Sets Aside Order Of CIC Allowing Disclosure Of Information Regarding Shri Ram Janmabhoomi Teerth Kshetra Trust
The Delhi High Court set aside the order of the Central Information Commission (CIC) that allowed disclosure of information regarding Shri Ram Janmabhoomi Teerth Kshetra Trust.
The Court was dealing with a writ petition filed by the Central Public Information Officer (CPIO) seeking quashing of the order passed by CIC in the year 2022.
A Single Bench of Justice Subramonium Prasad said, “… the writ petition is allowed. The Impugned Order dated 30.11.2022 passed by the Ld. CIC is set aside. Pending applications, if any, also disposed of.”
Advocate Zoheb Hossain appeared on behalf of the petitioner while none appeared on behalf of the respondent.
The respondent named Kailash Chandra Moondra had filed an RTI (Right to Information) application in the year 2021 seeking the following information:
“(1) Please send the copy of complete application (with all annexures) filed by SHRI RAM JANMABHOOM1 TEERTH KSHETRA for getting exemption / deduction u/s 80G(2)(b) for it’s donations as information.
(2) Please send the copy of Trust Deed of SHRI RAM JANMABHOOMI TEERTH KSHETRA which was filed with the application for getting exemption / deduction u/s 80G(2)(b) for it’s donations as information.
(3) Please send the copies of all the documents, reports, department’s internal reports, objects and notes available on the official file of the application for getting exemption / deduction u/s 80G(2)(b) for donations to SHRI RAM JANMABHOOMI TEERTH KSHETRA as information.
(4) Please send the copy of Declaration if any filed on behalf of SHRI RAM JANMABHOOMI TEERTH KSHETRA with the application for getting exemption / deduction u/s 80G(2)(b) for it’s donations as information.”
The aforesaid information was denied to the respondent under Section 8(1)(j) of the Right to Information Act, 2005 (RTI Act) due to which he filed an appeal against such order. However, the same was rejected by the Appellate Authority and hence, he filed a second appeal before the CIC. The second appeal was allowed by the CIC and therefore, the matter was before the High Court.
The High Court in the above context observed, “Learned Counsel appearing for the Petitioner states that the information pertaining to an assessee cannot be granted under the RTI Act in view of Section 138(1)(b) of the Income Tax Act, 1961. He places reliance upon a Judgment dated 22.01.2024 passed by this Court in W.P.(C) 10193/2022 in the case of “CPIO/Dy. Commissioner of Income Tax HQ Exemption, New Delhi vs. Girish Mittal”
In the aforesaid case, it was held that the satisfaction of Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner is necessary before the information can be divulged and that the satisfaction cannot be abrogated to any other authority under a general Act for divulging the information sought for.
Accordingly, the High Court allowed the writ petition, set aside the impugned order, and clarified that it is always open for the respondent to approach the appropriate authority under the Income Tax Act, 1961 to seek information as sought for in the RTI application.
Cause Title- Central Public Information Officer v. Kailash Chandra Moondra
Appearance:
Petitioner: Advocates Zoheb Hossain, Vivek Gurnani, Sanjeev Menon, Abhipriya, and Vivek Gaurav.
Respondent: None
