Central Information Commission (CIC): Saroj Punhani, J., directed the CPIO of CBI to provide a cogent and descriptive justification for denying information to the appellant seeking certain information relating to lookout notice, detention notice, etc. issued against Vijay Mallya.
In the instant matter, appellant has sought information through eight points pertaining to lookout notice/detention notice/circular (LoC) issued on October 2015 relating to Vijay Mallya:
- Furnish a copy of Lookout notice/detention notice /Lookout Circular (LoC) issued on October 12, 2015, and /or October 16, 2015, and or Lookout notice/detention notice / Lookout Circular (LoC) in October 2015 relating to Vijay Mallya.
- Furnish a Copy of Lookout circular (LoC) inform notice/Lookout on arrival Circular (LoC) etc. issued on 24 November, 2015, or last week in November 2015 relating to Vijay Mallya.
- Provide the Name and Designation of Officer who authorized to change/ alter /from Lookout notice /Lookout circular (LoC) detention notice issued on October 12, 2015, or October 16, 2015, to Lookout Circular (LoC) inform notice/Lookout on arrival Circular (LoC) etc issued in last week of November, 2015 or November 24, 2015, relating to Vijay Mallya.
- Provide a Copy of Act, Guidelines, Circulars, Notifications, office Memorandum Rules and Regulations, Copy of Act etc relating to Lookout notice/ detention notice /Lookout Circular (LoC) was issued on October 12, 2015 / Lookout circular (Loc) in October 2015 relating to Vijay Mallya.
- Furnish a Copy of Act, Guidelines, Circulars, Notifications, Office Memorandum Rules and Regulations, Copy of Act etc relating to Lookout Circular (LoC) inform notice etc issued in last week of November 2015, or November 24, 2015, relating to Vijay Mallya.
- Telephone Number and Email Id of central public Information officer and Appellate Authority as per official Memorandum of Dept of personnel and training available on www.rti.qov.in > Circulars.
- Exact web link of the above information on your official web site in compliance to Dept of Personnel &_ Training, circulars guidelines e.g.No.1/1/2013-IR/2014 uploading of RTI replies etc. issued from time to time.
On being dissatisfied with CPIO’s information, the appellant had filed a first appeal dated 10-11-2018, later FAA’s order upheld the CPIO’s reply.
Appellant stated that the square denial of the information sought for under Section 8(1)(h) of the RTI Act by the CPIO & the FAA is not appropriate as the case pertains to tenable allegations of corruption against Vijay Mallya for defaulting a loan of over Rs 9000 crore which is effectively public money and therefore the said information was crucial for the citizens.
CPIO submitted that primarily the appellant’s queries do not seem to be very clear in terms of the guidelines he referred to. Further, it was stated that at the time of the RTI application’s reply, the extradition case of Vijay Mallya was pending before the Court of Law in London and as on date two cases against him are pending investigation, in one of these cases the Chargesheet had been filed, while in the other case, the investigation is underway.
In view of the above-stated reasons, the information sought for was denied to the appellant under Section 8(1)(h) of the RTI Act.
Decision
The commission observed that neither the CPIO’s reply nor the FAA’s order conveyed the proper reasons for invoking Section 8(1)(h) of the RTI Act.
Bench directed the CPIO to provide a reply to the appellant incorporating a cogent and descriptive justification for denying the information sought for under Section 8(1)(h) of the RTI Act.
Appeal was disposed of in view of the above-stated. [Vihar Durve v. CPIO, CBI; 2021 SCC OnLine CIC 2; decided on 12-01-2021]