fiduciary relationship is not affected or can be protected by applying doctrine of severability.
the ratio of the Honble Delhi High Court judgment dated 30th November, 2009 in Writ Petition (Civil) No. 8396/2009 (Union of India Vs
CIC) goes in favour of the appellant. Para 16 of the judgment is extracted below :-
16. Thus, where information can be furnished without compromising or affecting the confidentiality and identity of the fiduciary, information should be supplied and the bar under Section 8(1)(e) of the Act cannot be invoked. In some cases principle of severability can be applied and thereafter information can be furnished. A purposive interpretation to effectuate the intention of the legislation has to be applied while applying Section 8(1)(e) of the RTI Act and the prohibition should not be extended beyond what is required to be protected. In cases where it is not possible to protect the identity and confidentiality of the fiduciary, the privileged information is protected under Section 8(1)(e) of the RTI Act. In other cases, there is no jeopardy and the fiduciary relationship is not affected or can be protected by applying doctrine of severability.