The Madras High Court on Wednesday, July 19, 2023 directed the Managing Director of the Tamil Nadu State Marketing Corporation (Tasmac) to explain how it could seek an exemption from disclosing information, under the Right to Information (RTI) Act of 2005, with respect to the quantum of liquor procured by it from various private breweries and distilleries, and the prices at which these spirits were being supplied to the corporation.
The First Division Bench of Chief Justice S.V. Gangapurwala and Justice P.D. Audikesavalu wanted Additional Advocate General J. Ravindran to place before the court, any judgement that could be relied upon by Tasmac to seek the benefit of Section 8(1)(d) of the RTI Act. Since Mr. Ravindran sought some time for this, the judges adjourned, by two weeks, a writ appeal preferred by the Tasmac MD against a single judge’s order in March, to disclose the information.
During the hearing, the AAG told the court that Section 8(1)(d) states that there shall be no obligation to give to a citizen any information related to commercial confidence, trade secrets or intellectual property if the disclosure of this information could harm the competitive position of a third party, unless the competent authority was satisfied that a larger public interest would warrant the disclosure of such information.
