RTI applicant files appeal before I-T officials.

Express News Service; 13 Mar 2011,

KOCHI: Kochi-based RTI activist T Balachandran, who had filed an RTI application before the Income Tax Department seeking information on the tax returns of former Chief Justice of India K G Balakrishnan and his kin, has filed an appeal before the Additional Commissioner of Income Tax, Kochi - the first Appellate Authority - seeking the information.

The Income Tax Department had rejected his RTI application as K G Balakrishnan objected to disclosing his income.

The appeal named the public information officers of the Additional Commission of Income Tax and the Chief Commissioner of Income Tax as the first and second respondent while K G Balakrishnan is the third respondent.

Advocate P V Sreenijan, advocate K B Sony and advocate K G Bhaskaran are the fourth, fifth and sixth respondents, respectively.

The appellant said that his RTI application was rejected as Balakrishnan objected to the application contending that the information sought relates to personal information, the disclosure of which would cause unwarranted invasion of privacy. In his appeal, Balachandran pointed out that “the information sought was in public interest having regard to the nature of an allegation against a person and the consequent effect on the image of the judiciary.”

It was specifically mentioned in the application that information was sought in the wake of the “allegations that were raised against K G Balakrishnan, former Chief Justice of India and the larger public interest involved,” the appellant said.

The appeal further said that the PIOs at the Income Tax Department were totally unjustified in rejecting the RTI application.

“Section 8 (j) of the Right to Information Act, 2005, provide that the information, which cannot be denied to Parliament or a State Legislature shall not be denied to any person.

“The information/application submitted by the appellant is one, which cannot be denied to Parliament or the State Legislature if the same question is raised before either house,” the appeal said.