The Court even turned down the argument that disclosure of PM Modi’s degrees involves public interest.
It noted that in its own order, the CIC came to the finding that the information sought for was neither relatable to accountability nor was there any larger public interest in disclosure of the said information.
The disclosure sought for was merely something which was of ‘interest to the public’ and a matter of political curiosity, and not something which was in the public interest.
“Then the Commission ought to have strictly applied the exemptions contemplated under section 8(e) and (j) of the RTI Act and ought to have refused disclosure of the said information. Instead the Commission has rendered an omnibus finding that educational qualification related information about public authorities, public servants or political leaders occupying the constitutional positions is not hit by exception under Section 8 of the RTI Act,” the judge opined.
Further, the Court said that it could not comprehend the justification or the legal foundation on the basis of which the CIC arrived at the said finding.
“This court holds that in absence of any larger public interest, which is neither pleaded nor raised, the educational degrees of PM Modi are exempted from disclosure under the provisions of section 8(1)(e) and (j) of the RTI Act,” it held.
It further pointed out that Kejriwal merely set up a case of “something which is of interest to the public” rather than setting up a legal case of “something which is in the public interest”.
Source: Barandbench
