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Synopsis

Justice Prathiba. M Singh of the Delhi High Court on Thursday stayed the Central Information Commission (CIC) order that directed the Central Board of Direct Taxes (CBDT) to provide information relating to the Shri Ram Janmabhoomi Teerth Kshetra Trust as per the Right to Information (RTI) Act.

The Shri Ram Janmabhoomi Teerth Kshetra Trust was established by the Central government in response to the Supreme Court's Ayodhya judgment in 2019 which settled the decades-old Ram Janmabhoomi-Babri Masjid dispute.

The single-judge bench was hearing a plea by Central Public Information Officer (CPIO), CBDT to vacate CIC’s order dated November 30, 2022. In the present plea the RTI applicant, Kailash Chandra Moondra filed an application on February 16, 2021, seeking information related to `Shri Ram Janmabhoomi Teerth Kshetra Trust’.

The CPIO, CBDT had denied the aforementioned information in an order dated April 5, 2021, under Section 8(1)(j) of the RTI Act. Following that, Moondra filed an appeal with the CBDT Appellate Authority.

The CBDT Appellate Authority vide order dated June 9, 2021, upheld the CPIO, CBDT order and affirmed the finding that the information sought in the RTI application is protected under Section 8(1)(j) of the RTI Act. It also held that information is protected under Section 8(1)(e) of the RTI Act because the CBDT holds the information in a fiduciary capacity. Furthermore, it was held that the public interest in the matter had not been disclosed, which is a mandatory requirement under Section 11 of the RTI Act for the disclosure of confidential and personal third-party information.

Thereafter, Moondra approached the CIC by way of a second appeal.

The CIC granted RTI applicant Kailash Chandra Moondra's second appeal, which sought details on the exemption and deduction of donations for temple construction under Section 80G(2)(b) of the Income Tax Act. It also allowed Moondra to get a copy of the Trust Deed while considering his application.

Taking note of the submissions, the single-judge bench said that the CIC had provided no reasoning for overturning the orders of the CPIO, CBDT, and Appellate Authority, CBDT.

“In view of the above, the Petitioner i.e. CPIO, CBDT has made out a prima facie case for grant of interim relief, the balance of convenience lies in its favor and irreparable injury would be caused to it if the interim relief is not granted. Accordingly, the Impugned order dated 30th November 2022 which is stated to be received by the CPIO, CBDT on 3rd January 2023 shall remain stayed till the next date of hearing. No coercive steps shall be taken against the CPIO, CBDT pursuant to the same”, the court ordered.

Accordingly, the court listed the matter for May 23, 2023.

Case Title: Central Public Information Officer v. Kailash Chandra Moondra