RAJINDER JAINA Vs. CENTRAL INFORMATION COMMISSION

JUDGEMENT

(1.) MR. Rajinder Jaina-petitioner seeks issue of Writ of Certiorari for quashing of Order dated 2nd March, 2009 passed by the Central information Commission (hereinafter referred to as CIC, for short)directing disclosure of the following information :-

(2.) LEARNED counsel for the petitioner submitted that disclosure of information mentioned above is an unwarranted invasion on the right to privacy of the petitioner and is contrary to Section 8 (1) (j) of the Right to Information Act, 2005 (hereinafter referred to as Act, for short ).

(3.) RIGHT to privacy has been a subject matter and reiterated in the State of Andhra Pradesh and District Registrar and collector, Hyderabad and another versus Canara Bank and others (2005) 1 SCC 496. However, the said right is not an absolute right. Right to information is a part of Right to Freedom of speech and Expression. Section 8 (1) (j) of the Act balances right to privacy and right to information. It recognizes that both rights are important and require protection and in case of conflict between the two rights, the test of over-riding public interest is applied to decide whether information should be withheld or disclosed.