CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2007/01185
Dated, the 07th July, 2008.
Appellant : Shri Shankar Sharma
Respondents : Securities and Exchange Board of India (SEBI)
This matter came up for hearing on 02.07.2008 pursuant to Commission’s
hearing notice dated 11.04.2008. Appellant was absent, while the respondents
were present through their Assistant General Manager, Shri J. Shandilya.
2. On perusing the documents filed by the appellant, it is found that his
RTI-request dated 12.01.2007 was for the names of the NSE and BSE members
who were the 30 turnover toppers by value in terms of gross and net sales
(Bought value minus Sale value) during the period 15.02.2001 to 15.03.2001.
3. Both the CPIO and the Appellate Authority have declined to disclose this
information citing Section 8(1)(h) of the RTI Act as the matter was related to an
ongoing investigation against the appellant.
4. I’m afraid this reason for declining the disclosure of the information to the
appellant is insufficient. The information, as it is, may be in some way be related
to an ongoing prosecution or investigation, but in itself it is also a valid query for
information. In other words, such a query could have been made by a person
who might not have been involved in an ongoing investigation or prosecution
and such a person would be entitled to receive this information in that event.
5. Considering the nature of the information sought, it in no way attracts the
provisions of Section 8(1)(h) of the RTI Act. Withholding the disclosure of
information under that sub-section of the exemption Section 8(1) of the RTI Act
cannot, therefore, be upheld.
6. In view of the above, it is directed that within three weeks from the date of
the receipt of this order, the requested information shall be disclosed to the
appellant.
7. Appeal is disposed of with these directions.
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8. Copy of this decision be sent to the parties.
Sd/-
(A.N. TIWARI)
INFORMATION COMMISSIONER
Authenticated by –
Sd/-
( D.C. SINGH )
Under Secretary & Asst. Registrar
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