IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Union of India – Appellant
Versus
Arvind M Kapoor & Anr. – Respondents
W.P.(C) 2603/2017, W.P.(C) 8381 of 2016 and CMAPPL. 34681 of 2016
Decided On : 23-03-2023
WRIT - Anti-dumping investigation - Information sought under RTI Act - Note sheet containing confidential information - Whether the information sought can be disclosed under the RTI Act - Held, no - The information sought is confidential in nature and cannot be disclosed under the RTI Act.
Fact of the Case:
The Petitioners, Union of India, ISRPL, and Reliance Industries Pvt. Ltd. seek quashing of the impugned order by way of the present two petitions. Vide order dated 23rd September, 2016, this Court in W.P.(C) 8281/2016 passed an interim order staying the operation of the CIC's order in the following terms: Till the next date of hearing, the operation of the order dated 29.07.2016 insofar as it relates to supply of information relating to second part of issue No.3, i.e., supply of portion of the note sheet of the file pertaining to M/s. Indian Synthetic Rubber Private Limited be disclosed, is stayed.
Finding of the Court:
The Court is also not impressed by the argument of the RTI Applicant that denial of providing information under the RTI Act would lead to breach of principles of natural justice. The parties to an anti-dumping proceeding ought to take recourse to the Rules and Regulations provided in respect of that nature of proceedings. When the Anti-Dumping Rules themselves provide an exception to disclosure in view of the nature of the proceedings, the Court cannot allow the RTI Applicant to bypass the said barrier.
Issues: Whether the information sought under the RTI Act can be disclosed.
Ratio Decidendi: The Court held that the information sought is confidential in nature and cannot be disclosed under the RTI Act. The Court observed that the information sought is part of the note sheet which contains confidential information of the complainants. The Court further observed that the Anti-Dumping Agreement entered into amongst countries, post GATT, recognises the sensitivity and the competitive advantage that can be gained by third parties if confidential data is disclosed.
Final Decision: The writ petitions, along with all pending application, if any, are allowed and the order of the CIC is set aside. The remedies of the RTI Applicant under the Anti-Dumping Rules, if any, are left open.
JUDGMENT
Prathiba M. Singh, J.
1. These are two writ petitions filed by-
Union of India, i.e., the Petitioner in W.P.(C) 8381/2016, and;
M/s Indian Synthetics Rubber Private Ltd. (ISRPL), and Reliance Industries Pvt. Ltd. Petitioners in W.P.(C) 2603/2017.
2. In the present petitions, challenge is raised to the order of the Central Information Commission (hereinafter `CIC') dated 29th July, 2016 passed in File No. CIOC/KY/A/2016/000980 titled Shri Arvind M. Kapoor v. The Director & CPIO, Ministry of Commerce & Industry. The CIC, by way of the impugned order, directed the Directorate General of Anti-Dumping and Allied Duties to provide the information sought by the RTI Applicant-Mr. Arvind M. Kapoor.
Factual Background
3. The Petitioners in W.P.(C) 2603/2017 jointly filed an application (for clarity it is referred to as `Complaint') before the Designated Authority, Directorate General of Anti-Dumping and Allied Duties (hereinafter `DA'). The said complaint was filed for initiating investigation qua imports of Styrine Butadine Rubber (hereinafter `SBR') of 1500 and 1700 series originating in or exporting from European Union, Korea RP and Thailand. Pursuant to the said complaint, the DA vide notification No.14/10/2015-DGAD dated 14th January, 2016 initiated an anti-dumping investigation.
4. Almost immediately after the investigation was initiated, the RTI Applicant - Mr. Arvind M. Kapoor filed an application dated 29th January, 2016 under the Right to Information Act, 2005 (hereinafter `RTI Act') seeking information qua seven issues in relation to initiation of anti-dumping investigation concerning imports of SBR from European Union, Korea RP and Thailand. The seven issues in respect of which information was sought by the RTI Applicant is as under:
"(1) Kindly provide with the date when the application was jointly filed by M/s. Indian Synthetic Rubber Pvt. Ltd. and Reliance Industries Limited (hereinafter referred as 'applicants') before the Designated Authority in respect of the matter under reference;
(2) Kindly provide us with a copy of the non-confidential version of the application filed by the applicants in this matter;
(3) When was the decision to initiate the Anti-dumping Investigation for levy of Anti dumping duties on the product taken by the Director General of Anti Dumping (DGAD); and also provide us a with a photo copy of the Note Sheet put up for approval by DGAD;
(4) When were the relevant foreign governments viz. European Union, Korea RP, and Thailand intimated of the Anti-dumping investigation initiated; and kindly provide us a with a copy of the intimation;
(5) When the known exporters were intimated about the Anti-dumping investigation, and If yes, kindly provide us with a copy of the intimation.
(6) Whether said Notification was sent to Govt. Press for printing and publication?
(7) When was it printed and published?"
5. The CPIO, vide reply dated 11th February, 2016 informed the RTI Applicant that the notification concerning the initiation of anti-dumping investigation is available on the website of Department of Commerce. The reply of the CPIO is as under:
"With reference to your RTI application dated 29.1.2016, this is to inform that the notification concerning initiation of the relevant anti-dumping investigation is available in the Department of Commerce website at http://commerce.nic.in/traderemedies/adcasesinindia.asp?id=2.
2. In case you are not satisfied with this reply, you may prefer an appeal before appellate Authority at the following address:
Shri AK Gautam, Pr. Adviser (Cost)
Directorate General of Anti-dumping & Allied Duties 4th Floor, Jeevan Tara, Building, Parliament Street, New Delhi-110001."
6. Thereafter, the CPIO, vide another reply dated 31st March, 2016 provided the following information to the RTI Applicant:
"With reference to your RTI application dated 29.01.2016, the reply to the respective questions are as follows:
"1. The application (Revised) was filed by M/s Indian Synethic Rubber Pvt Ltd. a
The lack of disclosure regarding confidential information in anti-dumping investigations violates the principles of natural justice, necessitating scrutiny by the judiciary despite alternative remedi....
The court ruled that the Designated Authority cannot claim confidentiality over its findings derived from information supplied by parties, emphasizing the importance of transparency in quasi-judicial....
The main legal point established in the judgment is the interpretation of Section 8(1)(d) of the RTI Act and the balancing of the right to information with the protection of commercial confidence. Th....
Natural justice requires that decision-makers provide sufficient reasoning and disclose essential facts to affected parties.
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