Cases pending against Sahara India and payments by SEBI

The Appellant filed an RTI application seeking certain information about payment by SEBI of the amount deposited by the Sahara India, progress of the case pending in the Supreme Court, Different schemes run by Sahara India etc. He filed a First Appeal alleging that the information provided was incomplete, false and misleading. During the second appeal, the PIO informed that SEBI had submitted 22 status reports before the Supreme Court and the Supreme Court is primary holder of the information. However, the information regarding the process of refund and cut-off dates for the processing of the application have been provided to the appellant. The CIC held that PIO has provided an appropriate reply to the RTI Application as per the provisions of the Act.

Comments

The question as to who is the holder of information if a public authority has transferred some documents to another public authority has often been raised. In case of judiciary, the PIO often transfers the RTI application to the Registrar of the Court under section 6(3) of the RTI Act asking the registrar to directly provide the information to the applicant.

Citation: Mohan Sahu v. Security and Exchange Board of India, Second Appeal No. CIC/SEBIH/A/2023/100957; Date of Decision: 29.04.2024