PIO should not share confidential information of company, says HC

[ganpat1956]

The Gujarat High Court has held that information officers, appointed under the RTI Act, should not share any "confidential information" against a company without hearing the views of the affected group as it may be against the spirit of the principle of natural justice.

In a far-reaching judgement, the court said that the confidential information received by invoking the RTI Act, might be misused by a third party.

The High Court directed the Gujarat Information Commissioner not to entertain any application of Rasiklal Mardia under the provisions of the RTI Act, concerning the Reliance Industries or its group companies for imparting or disclosing information without following due procedure under the Act.

Mardia, a businessman, had submitted 55 applications under the RTI Act and sought details about Sales Tax exemption to Reliance Petrochemicals and also details about those killed when the Reliance Jamnagar refinery was constructed.

The High Court also quashed the orders made by various authorities, including the State Information Commissioner, and restrained the Commissioner from proceeding further with the application of Mr Mardia, a businessman and rival of the Reliance group. The court termed the January 31 order of State Information Commissioner as illegal.

While the oral judgement was delivered on August 16, the detailed 67-page order was issued by Justice D N Patel early this week.

PIO should not share confidential information of company, says HC - News.Indlaw.com

[neeraj Chauhan]

HI Ganpat
I just fail to understand why Guj HC is so disinterested in Mr. Merdia's RTI application . It simply indicates some interest with Reliance people. Because what Merdia is asking for quite legitimate . Number of people who have died during jamnagar factory construction (which can be asked by Human Rights people also) and Sales tax exemption to Reliance Petro Chemicals is definitely of public interest . Here Court must look in democracy any concessions or subsidy or exemption straightway affects comman man and his hard earned money . Where as a govt. servant cant escape tax of any kind . Here judiciary seems to have some thing beyond justice.

NICK

[ganpat1956]

Hi Nick,
Unfortunately we do not have the benefit of going through the 67-page order of the Hon. Judge on this matter. Without knowing the full details, it may not be prudent for us to comment on it. However, there is another interesting judgement delivered by the Madras High Court and its synopsis is available in the thread Madras HC ruling on full immunity for disclosure under RTI Act . Please go through it.

[karira]

The full judgement is attached herewith.
I have still not read it fully, hence no comments.