public interest - Public Authority to take decision to disclose, not PIO

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 10044 OF 2010

CENTRAL PUBLIC INFORMATION OFFICER,

SUPREME COURT OF INDIA ….. APPELLANT(S)

VERSUS

SUBHASH CHANDRA AGARWAL ….. RESPONDENT(S)

W I T H

CIVIL APPEAL NO. 10045 OF 2010

A N D

CIVIL APPEAL NO. 2683 OF 2010

J U D G M E N T

SANJIV KHANNA, J.

27. Sub-section (2) to Section 8 states that notwithstanding anything 

contained in the Official Secrets Act, 1923 or any of the 

exemptions permissible in accordance with sub-section (1), a 

public authority may allow access to information if the public 

interest in disclosure outweighs the harm to the protected 

interests. The disclosure under Section 8(2) by the public authority 

16 For the purpose of the present decision, we do not consider it appropriate to decide who would be 

the ‘competent authority’ in the case of other public authorities, if sub-clauses (i) to (v) to clause (e) 

of Section 2 are inapplicable. This ‘anomaly’ or question is not required to be decided in the present 

case as the Chief Justice of India is a competent authority in the case of the Supreme Court of 

India.

Civil Appeal No. 10044 of 2010 & Ors. Page 35 of 108

is not a mandate or compulsion but is in the form of discretionary 

disclosure. Section 8(2) acknowledges and empowers the public 

authority to lawfully disclose information held by them despite the 

exemptions under sub-section (1) to Section 8 if the public 

authority is of the opinion that the larger public interest warrants 

disclosure. Such disclosure can be made notwithstanding the 

provisions of the Official Secrets Act. Section 8(2) does not create 

a vested or justiciable right that the citizens can enforce by an 

application before the PIO seeking information under the RTI Act. 

PIO is under no duty to disclose information covered by 

exemptions under Section 8(1) of the RTI Act. Once the PIO 

comes to the conclusion that any of the exemption clauses is 

applicable, the PIO cannot pass an order directing disclosure 

under Section 8(2) of the RTI Act as this discretionary power is 

exclusively vested with the public authority.