Copies of certain documents regarding ratification of UNESCO Universal Copyrights Convention denied u/s 8(1)(c) – once the Cabinet has taken a decision, the entire decision making process is liable to be disclosed as per proviso to Section 8(1)(i)
1. It is noticed that vide RTI application dated 15.12.2012, the appellant had sought copies of certain documents from the CPIO regarding ratification of UNESCO Universal Copyrights Convention and other allied matters. However, vide letter dated 13.2.2012, the CPIO had refused to disclose this information under section 8(1)(c) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature; of the RTI Act. Surprisingly, on appeal, even the AA had upheld the decision of the CPIO.
2. In my opinion, the decisions of the CPIO and the AA are based on their misconstruction and misinterpretation of law. In my opinion, the information requested for by the appellant is entirely and fully disclosable to him subject to its availability. I must also underline that once the Cabinet has taken a decision, the entire decision making process is liable to be disclosed to any information seeker as per the express provision of law i.e. proviso added to clause (i) of Section 8(1) of the RTI Act. In view of the above discussion, the CPIO is hereby directed to disclose the entire information to the appellant, free of cost, subject to its availability in 04 weeks time.
Citation: Mr. N. Anbarasan v. Ministry of Human Resource Development in File No. CIC/RM/A/2012/000368/LS