New Delhi, Jan 2: The Central Information Commission has upheld the denial of exporter-wise details of limestone sold to Bangladesh from Meghalaya, noting that the data attracts exemption under the commercial confidence clause.
It said such information could potentially harm the competitive position of the exporters concerned.
The transparency panel also noted that there was no larger public interest involved, which could override Section 8(1)(d) of the RTI Act, which exempts disclosure of information that could harm the competitive position of third parties.
RTI applicant W Mathew Mawdkhap had sought “the name and address of the exporters who exported limestone to Bangladesh through Bholaganj Land Customs Station, E Khasi Hills, during the financial year 2023-24” from the office of the Deputy Commissioner, Shillong Customs Division, which was denied, citing Section 8(1)(d) of the RTI Act.
His first appeal was also dismissed, following which he approached the Central Information Commission (CIC) with his second appeal and challenged the first two orders.
Dismissing his appeal, Information Commissioner Vinod Kumar Tiwari said details sought were related to the names and addresses of exporters and the quantity of limestone exported to Bangladesh during the financial year 2023-24.
Such exporter-wise trade data, the Commission held, “constitutes commercial information that is ordinarily treated as confidential within commercial and regulatory frameworks”.
The CIC noted that disclosure of exporter-specific trade volumes could “provide their competitors with strategic insight into their commercial activities” and potentially harm their competitive position.
“Such information, by its very nature, contains business-sensitive particulars,” the order said.
The CIC further observed that regulatory authorities receive commercial information from private entities in a fiduciary capacity as part of statutory compliance.
“Releasing such information indiscriminately in the public domain would undermine the trust and confidentiality expected in such interactions,” it said.
During the hearing, the appellant did not appear before the Commission and failed to place any material on record to demonstrate an overriding public interest, Tiwari pointed out.
“In the absence of any such justification, the Commission finds no reason to disturb the concurrent findings of the Central Public Information Officer (CPIO) and the First Appellate Authority (FAA),” the order said.
The customs department submitted that exporter-wise limestone export data to Bangladesh is not meant for public dissemination unless required by law or disclosed with the consent of the concerned third parties.
Finding no infirmity in the denial of information, the Commission held that the exemption invoked was “legally sustainable” and dismissed the appeal.
Trade between India’s northeastern region and Bangladesh traditionally involves items such as limestone and stone chips.
Meghalaya, which is rich in mineral resources, exports limestone and boulders to Bangladesh, and shares a 443-km-long international border with the neighbouring country, making cross-border mineral trade an important economic activity in the state. (PTI)
