Pranav B Prem

The Delhi High Court has ruled that information related to an individual's passport and other personal identification details cannot be disclosed to a third party under the Right to Information Act, 2005. The Court emphasized that such information falls within the exemption provided under Section 8(1)(j) of the Act, which protects personal information from disclosure unless there is a larger public interest involved.

Case Background

A Single Bench of Justice Sachin Datta made these observations while dismissing a petition filed by Rakesh Kumar, who had sought details regarding the issuance of passports and travel documents for certain individuals through an RTI application filed with the Regional Passport Office, Mumbai. The Central Public Information Officer (CPIO) denied the request, citing Section 8(1)(j) of the RTI Act. Kumar's first appeal was also dismissed on similar grounds. Subsequently, the Chief Information Commissioner (CIC) issued an order directing the RPO to furnish the information if Kumar provided additional details required to trace the records. However, when Kumar alleged non-compliance with the CIC’s order, an adjunct order was passed by the CIC, acknowledging that the requested records for the period 1984-1990 had been destroyed as per government policy.

Court’s Observations

The High Court upheld the stand of the authorities and dismissed Kumar's plea, emphasizing that the information sought was exempt under Section 8(1)(j). The Court referred to multiple precedents and observed: "…disclosures which may be sought by a third party under the provisions of RTI act pertaining to passport or any other personal identification document, squarely falls under the ambit of Section 8(1)(j) of the RTI Act." Further, addressing the destruction of records, the Court stated: "The requisite information sought by the petitioner is not available since the relevant records [for the period 1984-1990, with regard to which the requisite information pertains], have been destroyed, as per the extant policy/ instructions of the Government of India." The Court also referred to previous judgments, including Union of India vs R. Jayachandran, where it was held that passport details of a third party cannot be disclosed under the RTI Act. It reaffirmed: "It becomes pertinent to note that disclosures which may be sought under the provisions of the Act with respect to a passport or any other personal identification document of a third party is no longer res integra."

Dismissing the petition, the Court clarified that Kumar was free to pursue any alternative legal remedies available to him. The judgment reiterates the principle that personal information, including passport details, cannot be disclosed under RTI unless an overriding public interest is established.

Cause Title: Rakesh Kumar V. Central Public Information Officer and Anr.

Case No: W.P.(C) 5836/2018

Bench: Justice Sachin Datta 

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