Provisions of RTI Act are not meant to allow the parties to collect evidence from Public Authorities to sub­serve their private interest

As we have said above only the larger public interest duly established with relevant material which can override this confidentiality of the information and documents available with the Income Tax Department, but we fail to see even an iota of the public interest in this case. The tall claims made in the application about the alleged effort of the private Respondents to evade income tax under the garb of the claim of a status of their being agriculturists, particularly by a person who is admittedly in litigation over the same land in question with these Respondents, which is said to have been sold by them to the Petitioner as well as private Respondents. Therefore, the only interest of the Petitioner who has been fighting against these private Respondents at all possible forums including the RTI Act and criminal complaints appears to be the only private interest and the name of a public interest is just a ruse or excuse given to the public authorities calling upon them to disclose such 'information' to the Petitioner - Applicant. The provisions of the RTI Act

are not meant to allow the parties to collect evidence from such Departments or Public Authorities to sub­serve their private interest.[Para No.14]

.............

    As far as the information in present case being a 'personal information' is concerned, the issue stands conecision of the Hon'ble Supreme Court in the case of Girish Ramchandra Deshpande (supra). The only common exception as discussed above, is the larger public interest in disclosure of such personal information too. We are not satisfied at all looking to the facts of the present case that any larger public interest can be sub served in the present case by disclosure of the 'information' in question to the Applicant - Petitioner which is more likely to be used by him in his own favour in the pending litigation with the private Respondents. The legal fight between the two in other foras have to be contested by them on the basis of their own material and evidence and not on the basis of information gathered through the process of RTI Act.[Para No.17]

Gujarat High Court

Vinubhai Haribhai Patel

Vs.

Assistant Commissioner Of Income Tax

Decided on 27/01/2021