Daily Excelsior: Jammu: Sunday, 13 July 2025.
In a significant ruling
that reinforces the privacy safeguards within the Right to Information (RTI)
framework, the Central Information Commission (CIC) has dismissed a Second
Appeal filed against J&K’s Home Department and made it unequivocally clear
that the RTI Act is not a tool to intrude into personal lives, especially where
no public interest is involved.
One Kuldeep Raj, a
resident of district Jammu, filed an RTI application on February 26, 2024
before the PIO Home Department, J&K Government, requesting information
regarding joining reports, selection orders, SROs, category certificates,
transfer and promotion details of two police personnel.
With no response from the
Public Information Officer (PIO), the applicant moved the First Appellate
Authority, which eventually transferred the matter to the Police Headquarters
(PHQ), J&K, in May last year.
Dissatisfied, the
appellant then filed a Second Appeal before the CIC. During the final hearing
held few days back, Central Information Commission upheld the PIO’s denial of
information, stating: “The requested information qualifies as personal
information of third parties and is therefore exempt from disclosure under
Section 8(1)(j) of the RTI Act, 2005”.
The CIC emphasized that no
element of larger public interest was invoked by the appellant to justify
overriding the privacy protections enshrined in the law. The Commission cited
the Supreme Court’s landmark ruling in case titled “Central Public Information
Officer, Supreme Court of India Versus Subhash Chandra Agarwal”, which held
that personal records, including service details, ACRs, financial disclosures
and medical records, are not subject to public disclosure unless a compelling
public interest is established.
“The RTI Act is not a
surveillance tool and cannot be used to gather personal details of others
without a strong and demonstrated public cause,” the CIC noted, adding “service
records of police personnel fall under personal information”.
The ruling of the
transparency watchdog of the country will go a long way in deterring those who
are using the RTI Act to breach the privacy rights. Moreover, the decision
sends a clear message that transparency under RTI Act has limits, especially
when it risks violating individual privacy.
The Commission’s ruling
reiterates that the RTI Act is designed to ensure accountability in
governance-not to interfere into the personal and professional lives of others
without lawful justification.
Meanwhile, underscoring
the balance between transparency and protection of whistleblowers, the Central
Information Commission (CIC) has upheld the decision of the Anti-Corruption
Bureau (ACB) of Jammu & Kashmir to deny information sought under the RTI
Act about complaints filed by a private individual, citing serious concerns
related to safety and investigation.
The appeal was filed by an
advocate, who sought details of complaints filed by one Fareed Ahmad Chouhan
from Ganderbal, including the number of complaints, their nature, status and
related documents. The application dated January 11, 2024, was turned down by
the Central Public Information Officer (CPIO) of ACB, Kashmir, on the grounds
that disclosure of such information could endanger the life or physical safety
of the complainant and might obstruct ongoing investigations or prosecutions.
These reasons were cited
under Sections 8(1)(g) and 8(1)(h) of the RTI Act, 2005, which exempt
disclosure of sensitive information that may harm individual safety or
compromise investigative processes.
The CIC, while hearing the
Second Appeal, ruled that ACB J&K had provided a valid and appropriate
reply, justifying the denial based on exemptions under the law. “The safety of
individuals and integrity of law enforcement processes must be protected over
disclosure of information where no overriding public interest is demonstrated”,
the Commission said.
“Disclosing such
information may expose the whistleblower to victimization or harassment and
could derail sensitive investigations,” the Commission observed, adding “the
appellant has failed to establish any larger public interest that would warrant
overriding the exemptions provided under the Act”.
पटना जिले के 30
समेत राज्यभर के 155 सरकारी स्कूलों में बच्चों के लिए पेयजल की कोई
व्यवस्था नहीं। जहां है वहां का पानी पीने लायक नहीं है। उन्हें आसपास के घरों या
सामुदायिक भवन जाकर शिक्षकों और छात्रों को पानी पीना पड़ता है। इसका खुलासा सूचना
के अधिकार (आरटीआई) के तहत राकेश कुमार राय द्वारा पूछे प्रश्नों के उत्तर में
किया गया है। जबकि शिक्षा विभाग ने राज्य के सभी स्कूलों में बोरिंग कराने और हैंड
पंप लगाने का दावा करता है। शिक्षा विभाग ने स्वीकार किया है राज्य के 155
स्कूलों में पानी की व्यवस्था नहीं है।
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