‘public interest’ to mean the general welfare of the public
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.
74. This Court in Bihar Public Service Commission v. Saiyed
Hussain Abbas Rizwi and Another50 has held that the phrase
‘public interest’ in Section 8(1)(j) has to be understood in its true
connotation to give complete meaning to the relevant provisions of
the RTI Act. However, the RTI Act does not specifically identify
factors to be taken into account in determining where the public
50 (2012) 13 SCC 61
Civil Appeal No. 10044 of 2010 & Ors. Page 87 of 108
interest lies. Therefore, it is important to understand the meaning
of the expression ‘public interest’ in the context of the RTI Act.
This Court held ‘public interest’ to mean the general welfare of the
public warranting the disclosure and the protection applicable, in
which the public as a whole has a stake, and observed:
“23. The satisfaction has to be arrived at by the
authorities objectively and the consequences of such
disclosure have to be weighed with regard to the
circumstances of a given case. The decision has to be
based on objective satisfaction recorded for ensuring
that larger public interest outweighs unwarranted
invasion of privacy or other factors stated in the
provision. Certain matters, particularly in relation to
appointment, are required to be dealt with great
confidentiality. The information may come to
knowledge of the authority as a result of disclosure by
others who give that information in confidence and with
complete faith, integrity and fidelity. Secrecy of such
information shall be maintained, thus, bringing it within
the ambit of fiduciary capacity. Similarly, there may be
cases where the disclosure has no relationship to any
public activity or interest or it may even cause
unwarranted invasion of privacy of the individual. All
these protections have to be given their due
implementation as they spring from statutory
exemptions. It is not a decision simpliciter between
private interest and public interest. It is a matter where
a constitutional protection is available to a person with
regard to the right to privacy. Thus, the public interest
has to be construed while keeping in mind the balance
factor between right to privacy and right to information
with the purpose sought to be achieved and the
purpose that would be served in the larger public
interest, particularly when both these rights emerge
from the constitutional values under the Constitution of
India.”
Civil Appeal No. 10044 of 2010 & Ors. Page 88 of 108
75. Public interest in access to information refers to something that is
in the interest of the public welfare to know. Public welfare is
widely different from what is of interest to the public. “Something
which is of interest to the public” and “something which is in the
public interest” are two separate and different parameters. For
example, the public may be interested in private matters with
which the public may have no concern and pressing need to
know. However, such interest of the public in private matters
would repudiate and directly traverse the protection of privacy.
The object and purpose behind the specific exemption vide clause
(j) to Section 8(1) is to protect and shield oneself from
unwarranted access to personal information and to protect facets
like reputation, honour, etc. associated with the right to privacy.
Similarly, there is a public interest in the maintenance of
confidentiality in the case of private individuals and even
government, an aspect we have already discussed.