The Delhi High Court has put on hold an order of the Chief Information Commission (CIC) directing the Central Board of Direct Taxes (CBDT) to provide information relating to Shri Ram Janmabhoomi Teerth Kshetra Trust, which is looking after construction and management of the Ram temple in Ayodhya, under the Right to Information (RTI) Act.
Justice Prathiba M. Singh, in her January 12 order, noted that the CIC did not issue notice to the Shri Ram Janmabhoomi Teerth Kshetra Trust whose information was sought under the transparency law by RTI applicant Kailash Chandra Moondra.
“The CIC does not consider the fact that the information relating to the income tax records is exempted under Section 138 of the Income Tax Act,1961, which is a special law,” Justice Singh added.
Mr. Moondra, in his RTI application filed on February 16, 2021, sought a copy of the complete application (with all annexures) filed by the trust for getting exemption or deduction under the relevant provisions for its donations.
His RTI application was denied by the CPIO, CBDT under Section 8(1)(j) of the Right to Information Act, 2005 on April 5, 2021. Thereafter, the Mr. Moondra approached the Appellate Authority, CBDT by way of an appeal.
Appellate Authority, CBDT on June 9, 2021 upheld the order of the CPIO, CBDT and affirmed the finding that the information sought in the RTI application is protected under Section 8(1)(j) of the RTI Act, which encapsulates that information that relates to personal information the disclosure of which has no relationship to any public activity or interest, should be exempted from disclosure.
Mr. Moondra then approached the CIC by way of a second appeal. The CIC on November 30, 2022 directed the CPIO to provide the available information to Mr. Moondra within 15 days.
The CPIO, CBDT has now challenged the CIC’s decision before the Delhi High Court on the grounds that the information in respect of the trust is governed by Section 138, Income Tax Act, 1961, which provides that the information relating to third parties would have to be sought from the specified authority and the same would be furnished only if it is in public interest.
The high court agreed with the argument raised by the CPIO, CBDT and said, “The CIC does not consider the fact that the information which was being sought in the RTI application related to a third party and was held by the CBDT in fiduciary capacity. Thus, the information would be governed by the exemption under Section 8(1)(e) and 8(1)(j) of the RTI Act.”
The court has also asked the counsel for CPIO, CBDT to consider whether the Shri Ram Janmabhoomi Teerth Kshetra Trust, whose information is being sought in the RTI application, ought to be made a party in this matter.
“If so, he shall take appropriate steps in accordance with law,” the high court said, while listing the matter for further hearing on May 23.
