Information pertaining to mortgaging of a Wakf property was denied u/s 8(1)(b) - Appellant: the property was rented out to a tenant who wrongfully mortgaged it - CIC: information is sought for protecting the Waqf property, provide the information
1. The appellant filed an RTI application on 23.07.2012 seeking information pertaining to certain mortgaging of properties.
2. The PIO responded on and denied information to the appellant under section 8(1)(b) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; of the RTI Act. The appellant filed a first appeal on 13.09.2012 with the first appellate authority (FAA). The FAA responded on 20.10.2012 and upheld the decision of CPIO. The appellant filed a second appeal on 11.12.2012 with the Commission.
3. The appellant referred to his RTI application of 23.07.2012 and stated that he is seeking information from the bank about a property that has been sold by the bank wrongfully and that because he is connected with the property he is seeking information from the bank about the circumstances in which the property has been sold, but the bank is denying the information to him without any application of mind and by mechanically citing certain sections of the RTI Act which has no connection with the matter.
4. The appellant further stated that the respondent has not even come for the proceedings and he has been harassed by the wrongful action of the bank in which they have mortgaged property which was his responsibility to protect, as this was Waqf property.
5. The appellant stated that the property which the bank had mortgaged is actually Wakf property and that the Mutawalli of that property has asked him to intervene in the matter so that the wrongful act is not pursued by the bank. The appellant stated that the facts are that he had rented out some property to a tenant and that the tenant has wrongfully mortgaged some property which did not belong to the tenant and that this property was actually Wakf property. The appellant stated that the tenant cannot mortgage the property. The appellant stated that he is simply seeking the information to clear up the matter and that in any case the section which the respondent is citing is not relevant here. The appellant stated that he is representing the Mutawalli and that it is his duty to protect the Wakf property and that the protection of Wakf property will be handicapped if he does not get the information that he is seeking in the RTI Act.
6. The information sought by the appellant is for protecting the Waqf property, hence the information should be provided.
7. The respondent is directed to provide information sought by the appellant within 30 days of this order in context of the RTI application. The appeal is disposed of. Copy of decision be given free of cost to the parties.
Citation: Shri Kutubuddin Ahmed v. Oriental Bank of Commerce in Decision no. CIC/VS/A/2013/900215/05583