The Delhi High court on Tuesday granted a stay on the order of the Chief Information Commissioner (CIC) directing the Central Board of Direct Taxes (CBDT) to provide information related to Shri Ram Janmbhoomi Teerth Kshetra Trust. The order was challenged by the CBDT.
Justice Prathiba M Singh granted the stay in view of the fact the CIC had not issued notice to the Trust. The Trust is looking after the construction and Management of the Ram Temple in Ayodhya. Justice Singh Said, ” The petitioner has made out a prima facie case for grant interim relief, and irreparable injury would be caused to it if the interim relief was not granted.”
Accordingly, the order of November 30, 2022, shall remain stayed till the next date of hearing. No coercive action shall be taken against the CPIO, or CBDT pursuant to the same, the court ordered.
The CPIO has challenged the order and sought its quashing and stated the order was received on January 3, 2023. The order has directed the CPIO to relook at certain points made in the RTI Application and provide the information within 15 days from the date of receiving the order.
The RTI applicant Kailash Chandra Moondra had sought a copy of the complete application filed by the trust for getting exemption or deduction under relevant provisions of law for the donation. He had also sought a copy of the trust deed filed along with the application seeking exemption.
The applicant was denied the information and he had moved the first appeal before the appellate authority. The appeal was dismissed.
Thereafter, the applicant had approached the CIC which passed the order of November 30 directing the CPIO to provide information.
While hearing the petition the High Court said that the Income Tax Act is a special Act and the information relating to the income tax records is exempted under it.
The High court while listing the matter on May 23, it asked the counsel for CPIO to consider whether the trust ought to be impleaded as a party. If so, then the appropriate steps would be taken by him in accordance with the law.
