The main legal point established is that personal information of a third party, especially pertaining to passport details, is exempt from disclosure under Section 8(1)(j) of the RTI Act unless it relates to public activity or public interest, and its disclosure does not cause unwarranted invasion of privacy.

V.K. Jain, J.

1. In W.P(C) No. 2232/2012, the respondent – Mr. Rajesh Bhatia applied to the PIO in the Ministry of External Affairs, Passport Office, Jaipur seeking the following information:

1. Has any passport ever issued from your Jaipur office by the name of NEERU DUGGAL, R/O 304/6, Raja Park, Jaipur or any other address?

2. If yes then provide me the details of the passport – number, wife of, or daughter of whichever is applicable.

3. Provide me the date of First Issue and subsequent renewal/s, if applicable.

4. What were the documents submitted when the application of the passport as made.

5. Name of the police station, date when the police verification was carried out.

6. Was any foreign visit undertaken by her (Neeru Duggal) as per your record, if yes then provide me all the details of all the country visited by her.

7. What is the marital status of her as per your records? If married then provide me the name/ address of the husband.

8. Does her name figure as a mother/ guardian in any passport of a minor? If yes then provide me the detail of the same as well.

2. The PIO refused the information on the ground that the said information could be provided only to those to whom the information relates. The first appeal filed by the respondent having been dismissed, he approached the Central Information Commission (hereinafter referred to as the Commission) by way of a second appeal. The Commission vide the impugned order dated 31.1.2012 allowed the appeal and directed PIO to provide the desired information. Being aggrieved from the said order, the Union of India is before this Court by way of the present writ petition.

In W.P(C) No.3421/2012, the respondent – Shiv Kumar applied to the PIO in the Ministry of External Affairs, Regional Passport Office, Kolkata and sought the following information in respect of the passport issued in favour of one Manvika Kaur Oberoi during the year 2008-2009, 2009-2010 or 2010-2011:

S.No. Information Sought

1. Date of issue of Passport

2. Passport Number

3. Date of Expiry

4. A photocopy of application from duly filed in signed & Submitted by the

appellant for obtaining the Passport.

The PIO declined to provide the said information on the ground that the information relates to a third party and was exempt under Section 8(1)(j) of the Right to Information Act (hereinafter referred to as RTI Act). The first appeal having been dismissed, the respondent preferred a second appeal. Vide order dated 11.4.2012, the Commission directed the PIO to provide the complete information as per available record. Being aggrieved from the said order, the Union of India is before this Court by way of the present writ petition.

3. In W.P(C) No.1263/2012, the respondent – Mr. Jerald Rebello applied to the PIO in the Ministry of External Affairs, Office of the Deputy Passport Office, New Delhi and sought the following information in respect of one Rocky D’silva who was issued a passport at Bangalore in January, 1999:

S.No. Information sought

1. Details regarding his arrivals rid departures during the year 1999-2000.

2. Is there any thing to evidence/proof that he has arrived in Mumbai/India

on 28.10.2005 or on 29.10.2005 or any time in 2005.

3. The above passport was renewed in the year January 2009, please provide

details provided/furnished by him while renewing the above passport pertaining to the following : -

a) His residential address

b) Details regarding his spouse /child

c) Details of his case/cases pending/filed against him.

d) If any report from the jurisdictional police was called for/furnished this connection.

e) The above was renewed by him through the embassy or through any agent

f) The above was renewed in India or in Kuwait or any other country.

The PIO declined to provide the said information. The first appeal having not yielded any result the respondent approached the Commission by way of second appeal. Vide impugned order dated 2.12.2011 the Commission directed providing the complete informati