Skip to main content

Pending arbitration no ground for withholding info: CIC

Pendency of an arbitration proceeding or a litigation cannot be a reason to deny information to an RTI applicant by any government department, the Central Information Commission has ruled.

"The mere pendency of arbitration proceedings is not sufficient justification by itself for withholding the information. The RTI Act provides no exemption from disclosure requirement for sub-judice matters.

"The only exemption in sub-judice matters is regarding what has been expressly forbidden by a court or a tribunal and what may constitute contempt of court," Information Commissioner Basant Seth said in his order.

The case relates to an RTI petitioner who sought from MTNL, through 34 different applications, details of expenditure which are being inquired into by the authorities.

The Information officer refused to disclose the information citing section 8(1)(h) of the RTI.

The section prohibits disclosure of information which would impede the process of investigation or apprehension or prosecution of offenders.

The officer said the appellant is a contractor who has been black-listed by the department in 2007 and various disputes regarding his payments are presently before an arbitrator and hence the information sought by him is exempt under Section 8(1)(h) of the RTI Act.

However, Seth said the information requested by the petitioner cannot be denied on this ground, saying, "...the denial of information under Section 8(1)(h) of the RTI Act cannot be sustained...the CPIO should allow the appellant to inspect the relevant records relating to his aforesaid 34 RTI applications within 45 days from the date of receipt of this order."

Comments

Most viewed this month

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.

No Rebate For Stamp Duty Paid In Another State - Bombay HC

A three judge bench of the Hon'ble Bombay High Court (Bombay HC) in a recent judgment in the matter of Chief Controlling Revenue Authority, Maharashtra State, Pune and Superintendent of Stamp (Headquarters), Mumbai v Reliance Industries Limited, Mumbai and Reliance Petroleum Limited, Gujarat1 has held that orders in case of a scheme of arrangement under Section 391 to 394 of the Companies Act, 1956 (Act) involving different High Courts in multiple states, are separate instruments in themselves. Accordingly, stamp duty would be payable on all the orders (and consequently, all the states) without the benefit of remission, rebate or set-off.

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...