2020 Supreme(Bom) 1194
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NITIN JAMDAR, MILIND JADHAV, JJ.
Saket S. Gokhale – Petitioner
Versus
Union of India through Secretary, Ministry of Information and Broadcasting – Respondent
Writ Petition (L) No. 2678 of 2020, Interim Application (L) No. 4436 of 2020
Decided On : 05-11-2020
Important Points
Subject
Right to Information - Personal Data Protection
Act Referred
Headnote
Right to Information - Personal Data Protection - Right to Information Act, 2005 - Section 6 - Avishek Goenka vs. Ashish Kumar Roy (W.P. No. 33290 (W) of 2013) - Office Memorandums dated 21 October 2014, 23 March 2016 and 7 October 2016 - [Section 6, Avishek Goenka vs. Ashish Kumar Roy, Office Memorandums dated 21 October 2014, 23 March 2016 and 7 October 2016] - The court discussed the Right to Information Act, 2005, Section 6, and the case of Avishek Goenka vs. Ashish Kumar Roy, along with the relevant office memorandums. It highlighted the duty of the authority to hide personal details of RTI applicants and the need to protect the applicants applying under the Act. The court emphasized the importance of transparency and accountability in the working of every public authority and the need to balance competing goals and interests. It also underscored the impact on future applicants and the vital role of informed citizenry and transparency of information in the functioning of democracy.
Fact of the Case:
The Petitioner, a former journalist, applied under the Right to Information Act, 2005 seeking details regarding a campaign launched by the Government of India. The Ministry of Information and Broadcasting uploaded the application with the Petitioner's personal details on its website, leading to harassment and threats against the Petitioner.
Finding of the Court:
The court found that despite office memorandums, the Ministry had uploaded personal details of 4,474 applicants on its website, breaching the duty to hide personal details of RTI applicants. The court emphasized the importance of transparency and accountability in the working of every public authority and the need to balance competing goals and interests.
Issues: The issues included the breach of personal data protection, the duty of the authority to hide personal details of RTI applicants, and the impact on future applicants and the functioning of democracy.
Ratio Decidendi: The court emphasized the duty of the authority to hide personal details of RTI applicants, the need to protect the applicants applying under the Act, and the importance of transparency and accountability in the working of every public authority.
Final Decision: The Writ Petition was disposed of with directions for a suitable enquiry and disciplinary action regarding the uploading of personal details of the applicants. The Respondents were directed to deposit the cost of the petition and pay the expenses incurred by the Petitioner.
Advocate Appeared:
For the Respondents: Rui Rodrigues, D.P. Singh.
JUDGMENT :
NITIN JAMDAR, J.
1. Rule. Rule made returnable forthwith. Respondents waive service. Taken up for disposal.
2. The Petitioner is a former journalist who now takes up social and public causes. On 27 October 2019, the Petitioner had applied under the Right to Information Act, 2005 to the Ministry of Youth and Sports Affairs, Government of India seeking details regarding a campaign launched by the Government of India. On 27 November 2019, the Ministry of Youth and Sports Affairs transferred the application of the Petitioner to the Ministry of Information and Broadcasting.
3. The Petitioner instituted court proceedings on some sensitive social issues. Petitioner received phone calls and threatening messages on his personal phone. A mob gathered outside his residence chanting slogans. Petitioner noticed that the Ministry of Information and Broadcasting had uploaded the application filed by the Petitioner on its website with his personal details such as address and telephone number. The website link of the Ministry of Information and Broadcasting being accessed by internet search engines, his personal details became available on the internet. The Petitioner filed this petition on 3 August 2020 for a direction that the Petitioner's personal details be removed from the website of the Ministry of Information and Broadcasting. The petitioner also sought damages for the mental agony.
4. On 3 September 2020, the petition was adjourned to enable the Petitioner to give notice to the Respondent. On 10 September 2020, Respondent-Ministry did not appear in the hearing. One more notice was given to the Respondent. On 25 September 2020 and 8 October 2020, the petition was adjourned at the request of the Respondent. A reply affidavit was filed by Mr. Unmana Sarangi, Deputy Director (EW), Ministry of Information and Broadcasting. It is stated that the Petitioner’s personal data was removed from the website from 1 August 2020.
5. The Petitioner responded that though the Petitioner’s personal details were stated to be removed on 1 August 2020, the details continued to be on the website till 14 September 2020. He submitted that because his personal details were uploaded by the Respondent- Ministry in the public domain, it was accessed by antisocial elements who threatened him causing harassment and trauma. Petitioner submits that despite office memorandums the Ministry has uploaded the personal details singling him out because he has taken up various sensitive social causes.
6. During the hearing on 15 October 2020, the learned Counsel appearing for the Ministry had accepted that the Department of Personnel and Training had issued a memorandum on 7 October 2016, specifying that the personal details of the applicants under Right to Information Act should not be put up on the website. He stated that however, this memorandum did not reach the Ministry of Information and Broadcasting and with its knowledge, corrective action was taken. He had submitted that it is not that only petitioner’s details were put up on the website. However, from the reply, we found no details as to when the memorandums came to the knowledge of the Ministry. Secondly, no particulars were given whether in all the applications filed the personal details of all the applicants were put up on the website. Recoding this, we had acceded to the request of the Ministry to file an additional affidavit. An additional affidavit is filed by Mr. Sarangi Deputy Director dated 27 October 2020.
7. The Right to Information Act, 2005 was brought in force in June 2005. Section 6 governs the procedure for applying under for information under the Act. A person, who desires to obtain any information under the Act has to make a request in writing or through electronic means with prescribed fees to the designated authority. The application has to specify the information sought for. Section 6(2) specifies that an applicant requesting information shall not be required to give any reason for requesting