A Delhi High Court Bench of Justice Subramonium Prasad has observed that the details of agreements entered into by the UIDAI with external organisations engaged in handling the grievance redressal mechanisms of the body can be provided under the RTI Act.

In that context, it was said that, "The contract entered into by the UIDAI with an external organization shall also, therefore, be considered as “information” which will come within the ambit of RTI Act. The contract which has been entered into by the UIDAI with an external organization for the purpose of handling grievance redressal on its behalf is, therefore, information which can be, and should be, provided under the RTI Act, as long as this information does not fall under any of the exceptions given in Section 8 of the RTI Act."

Counsel N Sai Vinod appeared for the petitioner, while Counsel Purushottam Sharma Tripathi and Counsel Ravi Chandra Prakash appeared for the respondent.

In this case, the petitioner challenged an order passed by the Central Information Commission to the extent that it had denied access to the copy of agreements entered into by the Unique Identification Authority of India (UIDAI) with an external organization for handling grievance redressal on its behalf.

The High Court took the considered view that all the agreements entered into between the UIDAI and the external organisations which were engaged in handling grievance redressal mechanism of the UIDAI could be provided. However, it was also clarified that non-disclosure agreements entered into with the personnel and also the details of individuals who will be covered under the agreement will be exempted. In that context, it was further said that, "The confidentiality is to be maintained by the agencies only for the purpose of ensuring that the details of the individuals are not revealed to a third party."

Modifying the impugned order, the Court observed that, "The entire contract need not be kept a secret and there is nothing inappropriate in disclosing of the agreements more so when the recent trend is to encourage public participation in such ventures. Further, transparency forms the core of good governance, and promotes efficiency and effectiveness in the functioning of the government. The abovesaid details can be redacted from the agreement and the copies of the agreement, after redacting such portions, can be provided to the Petitioner."

Accordingly, the petition was disposed of.

Cause Title: Prashant Reddy T vs CPIO, Unique Identification Authority Of India

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