RTI Act: Delhi High Court Quashes CIC Order Asking MEA To Disclose Passport Details Of 'Estranged' Husband To Wife

Justice Yashwant Varma said the the question related to the disclosures under RTI Act with respect to a passport or any other personal identification document of a third party is no longer res integra.

The bench relied on Union of India vs. R. Jayachandran wherein the high court had said that "if passport number of a third party is furnished to an applicant, it can be misused. For instance, if the applicant were to lodge a report with the police that a passport bearing a particular number is lost, the Passport Authority would automatically revoke the same without knowledge and to the prejudice of the third party."

It also referred to Vijay Prakash vs. Union of India.

"Viewed in the backdrop of the principles which stand enunciated in Vijay Prakash, this Court is of the considered opinion that the order of the Chief Information Commissioner, directing the petitioner to make the requisite disclosures can neither be countenanced nor upheld," said Justice Varma, while setting aside the CIC order.

The CIC in May 2020 had directed the MEA to disclose the information to the applicant. The CPIO earlier in 2018 had told the applicant that since the disclosure as sought would constitute third party information, it is not liable to be provided in light of the Section 8(1)(j) of the Act.

Title: MINISTRY OF EXTERNAL AFFAIRS vs ASMITA SACHIN WAMAN

Citation: 2022 LiveLaw (Del) 1129

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