HC upholds validity of RTI provision

The Delhi High Court has upheld the validity of a provision under the Right to Information Act that no information regarding a third party can be divulged by a public authority without letting him have his say on the information seeker's plea.

A bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna gave this ruling on a lawsuit filed by transparency activist and Magsaysay awardee Arvind Kejriwal challenging the legality of Section 11 (1) of the Right to Information Act, 2005, which makes it mandatory for the public authority to listen to the third party when an information regarding him (third party) or held by him is sought by anyone.

"Section 11 also ensures that the principles of natural justice are complied with. Information, which is confidential relating to a third party or furnished by a third party, is not furnished to the information seeker without a notice or without hearing the third party's point of view," said the bench, disposing of Kejriwal's plea.

"A third party may have reasons, grounds and explanation as to why the information should not be furnished, which may not be in the knowledge of" various officials designated to deal with the pleas of information seekers, said the bench.