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2013 Supreme(Del) 1469
IN THE HIGH COURT OF DELHI AT NEW DELHI
V.K. JAIN, J.
NCT OF DELHI THR. DEPUTY SECRETARY (HOME) - Petitioner
Versus
JAGVESH KUMAR SHARMA & ANR. - Respondents
WP(C) No.7837 of 2009 CM No.4134 of 2009 (Stay), WP(C) No.9385 of 2009 CM No.7208 of 2009 (Stay), WP(C) No.8267 of 2009 CM No.5080 of 2009 (Stay)
Decided on: 07.11.2013
Advocate Appeared
Mr. Anjum Javed, Adv. with Ms. Indu Sinha, Deputy Secretary (HQ), Mr. Rakesh, Gr.-II & Mr. Anil, Gr.-III in person.
Mr. Archit Upadhayay, Adv. With Respondent No.1 in person.
The court clarified the scope of information to be provided under the RTI Act and emphasized the exemption of personal information from disclosure under Section 8(1)(j).
Headnote:
RTI - Arms License Information - [RTI Act, Section 8(1)(j)] - The court directed the petitioner to supply various information related to arms licenses, including the total number of applications received, the number of licenses approved, and the rules relating to grant of arms licenses. The court also emphasized that personal information exempt from disclosure under Section 8(1)(j) need not be disclosed.
Fact of the Case:
The respondents sought information related to arms licenses under the RTI Act. The information was denied or partially provided, leading to appeals and ultimately to the court.
Finding of the Court:
The court directed the petitioner to supply specific information related to arms licenses within a specified timeframe.
Issues: Denial of information under the RTI Act, applicability of Section 8(1)(j) for exemption of personal information, and the scope of information to be provided under the RTI Act.
Ratio Decidendi: The court emphasized that personal information exempt from disclosure under Section 8(1)(j) need not be disclosed. It also clarified the specific information to be provided related to arms licenses under the RTI Act.
Final Decision: The court directed the petitioner to supply the specified information related to arms licenses within a specified timeframe.
V.K. JAIN, J.
In WP (C) No.7837/2009, the respondent No.1, Mr. Jagvesh Kumar Sharma, vide application dated 31.12.2007 sought the following information from the CPIO of the Government of NCT of Delhi, Home (General) Department:
“1. How many armed licenses validated to all India basis by the Delhi Home Department between 4th July, 1989 to 11th October, 1995?
2. How many recommendations Home Department of Delhi Government has sent to Home Ministry, Government of India for validation of armed license to all India basis between 4th July, 1989 to 11th October, 1995?
3. How many licenses did the Home Ministry validated to all India basis after recommendation of Home Department, Delhi Government?
4. Furnish photocopy of rules and regulations on the basis of which all India validation was done between 4th July, 1989 to 11th October, 1995?”
2. The information at serial Nos.1 to 3 was denied to the respondent on the ground that no such record was managed by the Department after verification/investigation forms are sent to the concerned Deputy Commissioner for action. As regards information sought for at serial No.4 is concerned, the respondent No.1 was informed that photocopies of the rules/regulations had already been sent to him on 8.1.2008. Dissatisfied with the aforesaid reply, the respondents preferred an appeal which came to be dismissed by the first appellate authority vide order dated 10.3.2008. Being still aggrieved, the respondent preferred a second appeal before the Central Information Commission. When the matter came up for hearing before the Commission, the CPIO was directed to obtain the figure pertaining to information at serial No.1 from the DCP (Licensing) and provide it to the respondents. Regarding query Nos.2 & 3 since the CPIO stated that they were not maintaining account of the recommendations, the CPIO was directed to give inspection of the files so that the respondent could count the numbers himself. The PIO was also directed to provide copies of the rules and regulations to the respondent.
3. In WP (C) No.9385/2009, the respondent before this Court had sought the following information:
“1. Number of Arms Licences with all India validity and category.
2. Number of outside arms license registered in Delhi with all India validity and category.
3. Policy being followed for extending validity of arms license to neighbouring states.
4. Date and time be given for inspection of files relating to the application whose area validity has been extended from Delhi to all India w.e.f. 5.8.1989 to 30.4.2007.
5. Date and time be given for inspection of files relating to the applicants whose area validity has been extended from Delhi to neighbouring States w.e.f. 5.8.89 to 30.4.2007.”
The information at serial Nos.1 & 2 was provided to the respondent. As regards information at serial No.3, the respondent was asked to visit the office on any working days for collecting the photocopies of the policy/guidelines. The information at serial Nos.4 & 5, however, were declined on the ground that it was disclosure under Section 8 (1) (j) of the RTI Act. The first appeal filed by the respondent having been dismissed, he filed a second appeal. The Commission, vide impugned order dated 11.5.2009, directed inspection of files relating to arms licences.
4. In WP (C) No.8267/2009, the respondent No.1 vide application dated 31.12.2007 sought the following information:
“1. How many forms for validation of armed licenses received between 1st January, 2000 to 31st December, 2007? Furnish copy of rules and regulations.
2. Furnish number of armed licenses validated for all India basis between 1st January 2000 to 31st December, 2007 after repeated applications? Kindly give copy of such rules.
3. Furnish number of armed licenses applied for validation from other states between 1st January, 2000 to 31st December, 2007.
4. Furnish number of armed licenses cancelled to validated from other states and have repeated applications.”
5. The informati
