 "Delhi high court")
The Delhi High Court has stayed 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.
The court granted the interim relief while noting that the CIC had not issued notice to the trust whose information was sought, which is mandated under the provisions of the RTI Act.
"... The petitioner, that is, CPIO, CBDT has made out a prima facie case for grant of interim relief, the balance of convenience lies in its favour and irreparable injury would be caused to it if the interim relief is not granted. Accordingly, impugned order dated November 30, 2022 which is stated to be received by the CPIO, CBDT on January 3, 2023 shall remain stayed till the next date of hearing. No coercive steps shall be taken against the CPIO, CBDT pursuant to the same," Justice Prathiba M Singh said.
The court was hearing a plea by the Central Public Information Officer (CPIO) of CBDT seeking quashing of the November 30, 2022 order of the CIC which had directed that the CPIO would revisit certain points made in the application under the Right to Information Act and provide information within 15 days from the receipt of the order.
The RTI applicant had sought a copy of complete application (with all annexures) filed by the trust for getting exemption or deduction under the relevant provisions for its donations.
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He had also sought a copy of the trust deed of Shri Ram Janmabhoomi Teerth Kshetra which was filed with the application for getting exemption or deduction for its donations.
Initially, the information was sought from the CPIO of CBDT which was denied. Thereafter, first appeal was filed before the appellate authority of CBDT which also refused to give the information.
RTI applicant Kailash Chandra Moondra then approached the CIC with a second appeal which reversed the findings of the CPIO, CBDT and the appellate authority and passed the November 30, 2022 order.
The high court, in its order, said the CIC has not considered 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.
"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... of the RTI Act," it said, adding that the CIC has not given any reasoning whatsoever to reverse the orders of the CPIO, CBDT and appellate authority.
It asked the counsel for the CPIO, CBDT to consider whether the trust, whose information is being sought in the RTI application ought to be impleaded as a party in this matter.
"If so, he shall take appropriate steps in accordance with law," it said while listing the matter for further hearing on May 23.
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