Delhi High Court stays CIC order directing CBDT to provide RTI information about Shri Ram Janmabhoomi Teerth Kshetra Trust

The Delhi High Court recently stayed the orders of the Central Information Commission (CIC) directing the Central Board of Direct Taxes (CBDT) to provide information under Right to Information (RTI) Act related to Shri Ram Janmabhoomi Teerth Kshetra Trust..The Shri Ram Janmabhoomi Teerth Kshetra Trust was set up by the Centre government for construction of Ram Temple in Ayodhya pursuant to the Supreme Court's 2019 Ayodhya judgment..In its order of November 30, 2022, the CIC reversed the orders of the Central Public Information Officer (CPIO), CBDT and Appellate Authority, CBDT which had denied the information to one Kailash Chandra Moondra.While dealing with Moondra’s second appeal, the CIC directed the CBDT to share the copy of the complete application filed by the trust for getting exemption/deduction under Section 80G(2)(b) of Income Tax Act for its donations.The CIC also ordered the CBDT to provide the copy of the trust deed of the trust which was filed with the application..Single-judge Justice Prathiba M Singh stayed the order after the CPIO, CBDT moved the Court challenging the CIC directions.The Court noted that the CIC had failed to consider the fact that information relating to the income tax records is exempted under Section 138 of the Income Tax Act, 1961 which is a special law.The judge said that the CIC did not issue notice to the Trust whose information was being sought and that the RTI application related to a third party and was held by the CBDT in fiduciary capacity, thus exempted under the RTI Act..Justice Singh further said that the CIC in its order did not give any reasoning to reverse the orders of the CPIO, CBDT and Appellate Authority.“In view of the above, the Petitioner i.e. CPIO, CBDT has made out a prima facie case for grant of interim relief, the balance of convenience lies in its favour and irreparable injury would be caused to it if the interim relief is not granted. Accordingly, impugned order dated 30th November, 2022 which is stated to be received by the CPIO, CBDT on 3rd January, 2023 shall remain stayed till the next date of hearing. No coercive steps shall be taken against the CPIO, CBDT pursuant to the same,” the Court ordered.The court also issued notice to the RTI applicant and left it to the CPIO, CBDT to consider whether the Shri Ram Janmabhoomi Teerth Kshetra Trust ought to be impleaded as a respondent in this matter..The matter will be considered next on May 23..Advocates Zoheb Hossain, Vipul Agarwal and Parth Semwal appeared for the CPIO, CBDT.None appeared for the Respondent. .[Read Order]