File Notings and Correspondence can be disclosed under RTI Act

Copies of the
documents, which respondent No.2 wants to be supplied to him, are the
official notings etc. This Court feels that in view of the provisions of
Section 8 of the Act, no exemption can be granted to the petitioner unless it
is disclosed as to how economic interest of the State will suffer. No
explanation has been furnished in that regards

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.7289 of 2009(O&M)
Date of Decision: 14.07.2009
State of Punjab
Petitioner
Versus
State Information Officer and others
Respondents
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH




Respondent No.2 moved an application under the Right to
Information Act, 2005 (in short, the Act), to get copies of the documents.
The requisite information was not supplied. He went to the State
Information Commissioner, Punjab. Upon notice, with regard to the
information demanded, the petitioner sought exemption by invoking
provisions of Section 8(1)(a) of the Act. To claim exemption, it was stated
that if information is supplied to the respondent No.2, it will affect
economic interest of the State. That argument was rejected and the State
was directed to supply the information demanded by respondent No.2.  State
Information Commission, Punjab observed as under in its order dated
10.2.2009
“A reading of Clause (a) of Section 8(1) shows that
information that would be exempt from disclosure under that
clause would be information likely to judicially affect the
sovereignty, integrity, security of India or its strategic,
scientific or economic interests. The information demanded in
this case i.e. notings and correspondence in the Finance
Department, pertaining to the merger of DRDA staff in Zila
Parishads/ Line Department, is, by no stretch of imagination,
such information as may tend to judicially affect sovereignty,
integrity or security of India or the strategic, scientific or
economic interests of the country. The objection taken by the
respondent to show the least is, far fetched and is accordingly,
rejected.”
This writ petition has been filed to lay challenge to above said
order. Even in the additional affidavit, facts have not been disclosed to
show that how financial interest of the State will suffer, in case the
demanded information is supplied to respondent No.2. Copies of the
documents, which respondent No.2 wants to be supplied to him, are the
official notings etc. This Court feels that in view of the provisions of
Section 8 of the Act, no exemption can be granted to the petitioner unless it
is disclosed as to how economic interest of the State will suffer. No
explanation has been furnished in that regards. No case is made out for
interference.
Dismissed.
14.07.2009      (Jasbir Singh)
gk   Judge
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