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RTI means Govt has to disclose info on corruption in even pvt firms: CIC
As Reported by Ganesh Pandey in Indian Express
New Delhi
Posted online: Friday, January 11, 2008 at 0106 hrs

The Central Information Commission (CIC) hasheld that the Government or a public authority, under the Right toInformation Act, has to provide information it has on any company, publicor private, despite the company’s refusal to part with such information.

Information commissioner M M Ansari said that a public authority cannottake refuge to “third party exemption” under the RTI Act to denyinformation merely because the company concerned has not concurred withsuch disclosure.“A major concern of the RTI Act is to contain corruption. The disclosure ofinformation relating to corrupt practices of public/private companies is,therefore, largely in public interest” the CIC observed.

The CIC’s order came on an appeal filed by Anil Kumar Sharma of Jabalpurwho sought certain information from Registrar of Companies (Ministry ofCompany Affairs) regarding a company of which he is a shareholder. In hisapplication, he alleged the company had been conducting its businessactivities in an “illegal manner” and has thus earned profit throughcorrupt practices.

The requisite information was denied on the grounds thatthe company concerned did not permit the disclosure of information askedfor by the appellant and hence cannot be divulged without expressconcurrence of the company.Rejecting this argument, the CIC said that as the matter pertained toalleged corruption, disclosure of information was largely in the publicinterest and any exemption under Section 8(1)(d) of the Act — whichprotects from disclosure, information relating to commercial confidence,trade secrets or intellectual property, the disclosure of which would harmthe competitive position of a third party — is untenable.

Directing the Registrar of Companies to acquire the information asked forand furnish it to the appellant within 15 days, the CIC said: “Theallegations made by the appellant about the illegal activities of theCompany in question should have been investigated by the competent body,mainly the Registrar of Companies.

However since this was not done, the appellant is advised to approach the competent authority to investigate the allegations made by him so as to find the facts in the matter.