Central Information Commission
Subhash Chandra Agrawal vs Mcd on 3 August, 2017
Delhi
Central I nformation Commissi-"1^*X
iii" H". ir ctKY t N2o15/oooe-38
AGRAWAL
SHRI SUBHASH CHANDRA
Name of the APPellant DARIBA'
IZZS, XUCNA LATTUSHAH
cnaNoHt GHOWK, DELHI'I10006
HOCKEY INDIA,
Name of the Pubtic
B1/E3, GROUND FLOOR,
AuthoritY/ResPondent
MilAit co'oPERATIvE I NDusrRlAL ESTATE'
AHEAD oF MoHAN EsrArE
MErRo
if,*
STATloN),
mlrHUm ROAD, NEW DELHI' 110044
18'h July 2017
Date of hearing
z7'h July 2017
Date of order
person'
The Appettant was present in
present in person:-
On behatf of the respondents' the fotLowing were
1. Ms. Ranjit Gitt, CPIO'
2. Advocate SandeeP Sethi'
3. Advocate Shyet Trehan'
4. Advocate Nikhit Ratti KaPoor'
FACTS
13.7.2015 fited bY the This matter retates to an RTI apptication dated Appettant, seeking the fottowing information:-
comprete information on government-
facirities inctuding atso rike funds, land etc provided to (a) Hockey tndia
(b) offiriated member-units instates
(c) Hockey tndio League, either for organiiation and / or during conductance of matches.
2. Complete information on annuat budget (a) gronted (b) spent lndia separatery for rast three years, for Hockey mentioning web-tinkon which budget-
details are available.
3. comprete information together with ott rerated fite-notings/ correspondence / documents etc on starting Hockey rndia League (HtL).
4. comprete information on major heads of incoming and outgoing (income and expenditure) funds for Hockey tndia League.
5. Complete information together with all related correspondence / notings / documents etc on inviting fite-
sponsors for Hockey lndio League matches.
comprete information on commission or other monetary benefits, if any, hoving been paid to get sponsors for Hockey rndia League matches revearing comprete detairs of sponsors, sponsorship-money received ond commission / ntonetary-benefits paici tu gei spoi,soi.s.
comprete detaits about teams ptayed
under Hockey tndia League
mentioning
details of team-owners revearing if
any of member and or spouse /
member was omongst the team-owners.
of
8. complete information together with att retated fite-notings /
correspondence / documents etc on regar-expenses in rast three years towords (a) Hockey tndia (b) towards Hockey tndia League mentioning legal'bills were possed in accordance if with rures / norms etc Department of Legol Affairs (government of tndia).
9. Complete information on norms rules etc prescribed by Department of I being paid by public-
Legal Affairs (Government of tndio) for tegat-fees authoritie.s {ike inctuding Hockey lndia mentioning if permission for engaging by pubtic-authorities has to be token from Department of Legal lawyers Affairs.
10. complete information on system of distribution of free complimentary passes etc by and t or for Hockey lndia for different types of tickets I also total number of matches hetd inctuding Hockey lndia League mentioning passe.s etc. in different categories availoble I at complimentary tickets discretion of sponsors and I or others' on website'
11. Comptete inf ormation on putting above sought information
12. Any other related informotion.
13. File-notings on movement of this RTt petition os well."
2. TheCPloofHockeylndiarespondedon3l.S.20l5asfotlows:
"1. a) t{inistry of Youth Affairs &, Sports I Sports Authority Hockey tndia -
of lndia provide funds for participation of tndian Teams in the international tournaments towards boarding, lodging, air tickets, field charges, local payments and direct transport, visa fee, medical insurance etc' tvlost of these transfer bY SAI to concerned.
provide any funds
b) Affiliated member units in stote'Government does not for affiliated member units in stotes'
c) Hockey lndio League - Government does not provide ony funds.
The detailsof all available information in respect of events conducted under aegis of Hockey lndia are already ptaced in the pubtic domain by posting the annual report & Annuol accounts and reports of each of the event at the website of Hockey - http:l lhockevindia.ore and . As such you are requested to kindly seek the requisite information therefrom
2. The osked for information is already in public domain os voluntary disclosure and may be seen from the website of the Hockey tndia (annuat accounts) at: http: I I hockevindia.ore.
3' All the information to be provided under RTI Act has already been ptaced in public domain both at the web site of Hockey tndia and Hockey tndia League as indicoted in reply to sl. No. 2 & 3. lt may be noted that the holding of the Hockey tndia League has commerciol confidence & trade angle and also involves third parties who have competitive positions. Kind attention is invited to clause s (d) of the RTt Act wttich exempts from disclosure of informotion which are of commercial, trade secrets or intellectual property and disclosure of which would harm the competitive position of third party.
I am as cPlo satisfied that the information asked is of commercial confidence, trade secret or intellectual property ond disclosure of which would horm the competitive position of the third porty- in this case the sponsors, strategies drawn by Hockey tndia.
I am olso satisfy that disctosure of such information witt also not serve any public interest.
4. The asked for information has already ptaced in the public domain by posting the annuol accounts and annual reports on the above mentioned website.
5. All the information to be provided under RTt Act has olreody been placed in pubtic domain both at the web site of Hockey lndia and Hockey lndia League as indicted in reply fo 5{. No. 2 & 3. tt may be noted that the hotding of the Hockey lndia League has commercial confidence & trade angte and also involves third parties who have competitive positions. Kind ottention is invited to Ctause I (d) of the RTI Act which exempts from disclosure of information which are of commercial confidence, trade secret as or intellectual property ond disclosure of which would harm the competitive position of third porty.
I am as CPIO satisfied that the informotion asked is of commercial confidence, trode secret or intellectual property and disclosure of which would horm the competitive position of the third party - the sponsors.
I am also satisfied thot disclosure of such information witt also not serve any public interest.
6. All the information to be provided under RTt Act hos already been placed in public domain both at the website of Hockey tndia and Hockey tndia League as indicted in repty fo 51. No. 2 &, 3. tt may be noted that the hotding of the Hockey lndia League has commercial confidence & trade angle and also involves third porties who have competitive positions. Kind attention is invited to Clause 8 (d) of the^RTl Act which exempts from disclosures of information which. ore of commercial, trade secrets or intellectual property and disclosure of which would harm the competitive position of third porty.
I am as CPIO satisfied that the information asked is of commercial confidence, trade secret or intellectual property and disclosure of which would harm the competitive position of the third party - the sponsors.
I om also satisfied that disclosure of such information will atso not serve any
7. The detaits about team played under Hockey lndia League mentioning detaits of team-owners is atready in public domain and place the website of Hockey tndia / Hockey lndia League. Further Hockey lndio does not have any information about the second part of the query.
g. Att the information to be provided under RTt Act has already been placed in pubtic domain both at the web site of Hockey lndia and Hockey lndia leagug as indicted in reply to 51. No. 2 & 3. tt may be noted that that the information asked forhas commerciat confidence &, trade angle and also involves third parties who have competitive positions. Kind attention is invited to Clause 8-(d) of the RTt Act which exempts from disclosures of information which are of commercial, trade secrets or intellectual property and disclosure of which would harm the competitive position of third party' I am as CptO satisfied that the information asked is of commerciol confidence, trade secret (strategies drawn for defending various legal cases) or intellectual property and disclosure of which would harm the competitive position of the third party - the Legal experts, lawyers &, councils' I am also satisfied that disctosure of such information will also not serve any public interest.
With regards to rules I norms of Department of Legal Affair5, Hgckey lnQia does not have knowledge of such rules I norms.
g. Hockey tndia does not have knowledge of such rules / norms.
lO. Att the information to be provided under RTI Act has already been plaqed in pubtic domain both at the web site of Hockey lndia and Hockey lndio League as indicated in repty to 51. No. 2 &, 3. tt moy be noted that the holding of the Hockey tndia Leogue has commercial &, trade angle and also involves third parties who have competitive positions. Kind attention is invited to Clause I (d) of the RTI Act which exempts from disclosures of information which are of commercial, trade secrets or intellectual property and disclosure of which woutd harm the competitive position of third party.
I om as CptO satisfied that the information asked is of commercial confidence, trade secret (strategies drawn for defending various tegat coses) or intellectuol property and disclosure of which would harm the competitive position of the third party - the sponsors since strategies t details are worked out in keeping in view various commercial angles.
I am also satisfied that disclosure of such information will also not serve ony public interest.
11. ptease visit the website of Hockey tndia - http:l thockevindia.ore, it be seen there from that Hockey lndia has uploaded att required voluntary disclosures on it.
12. No, Sir.
13. As a CptO I om competent / empowered to draw the reply of the instance and as such there are no file nothings in this regard."
3. The Appeitant fited an appeat to the First Appettate Authority on 14-9.2015. ln his order dated 15.10.2015, the FM stated the fottowing:-
,'On perusat of the RTt apptication ond repty given by CPIO as referred to above, information pursuant to 1,2,4, 11, 12 and 13 of your RTI application have been provided to you. tt appears that the scope of your appeal therefore is with regard to 3, 5, 6, 7, 8, 9 ond 10, for which informotion was denied by t'he CPIO. a. Point 3 of the applicotion:
You seek information with regard to the starting of the Hockey lndia League. The CP\O has denied disclosure of this information as being of commercial confidence, the disclosure of which would harm the competitive position of a third party. I agree with the decision of the CP\O in this regord, and hotd that the lnformation is exempt from disclosure under Section I (l) (d). The Hockey lndia Leogue does not receive any grants or funds from the Government of tndia. It is a commercial funded enterprise, which raises funds through franchise holders, team owners and sponsorships. Since no pubtic monies are involved in the Hockey lndia Leogue, there can be no larger pubtic interest that warrants such disclosure.
b: Point 5 of the application: You seek information with regord to inviting sponsors for the Hockey tndia Leogue. The CPIO has denied disclosure of fhis information as being of commercial confidence, the disclosure of which would harm 1he competitive position of a third party. I agree with the decision of the CptO in this regard. The Hockey lndia League does not receive any grants or funds from the Government of lndia. lt is a commerciatty funded enterprise, which raises funds
through franchise holders, team owners and sponsorships. Since no public monies are involved in the Hockey tndia League, there can be no larger public interest that warrants such disclosure.
c. Point 6 of the opPlication:
You seek information on commission or monetary benefits, if any, having been paid to sponsors, or to get sponsors. The CPIO has denied disclosure of this informotion as being of commercial confidence, the disclosure of which would horm the competitive position of o third party. I agree with the decision of the CptO in this regard. The Hockey lndia Leogue does not receive any grants or funds from the Government of tndia. lt is a commerciatly funded enterprise, that raises funds through franchise holders, team owners and sponsorships. Since no public monies are involved in the Hockey lndia League, there con be no larger pubtic interest that warrants such disclosure d. Point 7 of the aPPlication:
As already pointed out by the CPIO, the information with regard to team owners' which you seek, is ovaitabte on the Hockey tndia website. There is no informotion ovaitoble with the Hockey lndia on the spouses of team owners.
e. Point 8 &,9 of the aPPlication:
You seek information with regard the legat expenses of Hockey lndia over the
past 3 years. I find that the CPIO has atready directed your attention to the
website of Hockey lndia, wherein the annual accounts are published, and the
overoll legat expenses for each year are already disclosed. The CPIO has already
ctarified that she does not have knowtedge of any rules of norms governing the
passing of tegat bitts in Hockey lndio, okin to those of the Deportment of Legal
Affairs (Governme, a). I agree with the CPIO that the details of legal fees
disclosing the names and fee charged by each lawyer / tawfirm cannot be
disctosed os it constitutes information of commerciat confidence to the tegat
professionals involved, and also of Hockey tndia. The CP\O has denied disclosure
of this information as being of commerciat confidence, the disclosure of which
would harm the competitive position of a third party. I agree with the decision
of the CPIO in this regard, and hold thot the information is exempt from
disclosure under Section I (1) (d). Further, none of Hockey lndia's legal expenses
are met by grants or funds from the Government of lndia. Therefore, since no
public monies are involved, there can be no larger pubtic interest that warrants disclosure of information that is otherwise exempt under section g (l) (d). f . Point 10 of the application You seek information with regard to free /complimentary posses for different matches inctuding the Hockey lndio League. t find that there is no such system for which information ovailable with Hockey tndia. Each set of matches or tournoments if governed by a different policy for free / complimentary passes, specific to that event. For.instance, the no.yfe1 lnd\ League matches entitte team owners and sponsors to certain quotas of comptimentary passes. The position is similar for sponsors of tournaments such os the Olympic Quatifiers and the World Cup. The CPIO has denied disclosure of this information as being of commercial confidence, the disclosure of which would harm the competitive position of a third porty. I agre:e with the decision of the CP1O in this regard. Since the Hockey lndia League does not receive any grants or funds from the Government of lndia. tt is a commercialty funded enterprise, that raises funds through franchise holders, team owners and sponsorships' Since no public monies are involved in the Hockey tndia League, or in the hosting of events as such, there can be no larger public interest that warrants such disclosure. I do not find that the case law you rely on supportsyour cose. please note that information of commercial confidence to sponsors, franchise owners, team owners, vendors and service providers to Hockey lndia is exempt from disclosure under section I (1) (d) of the RTt Act. I do not find that you have made out any case of iarger pubtic interest warranting its disclosure.
I you has been provided either by the find thot a1 other .information as sought by CptO or is avaitable ot the website of Hockey tndio ond lndio Hockey Leogue at http: t t hockevindia.ore ond http: I / leaque.hockevindio.ore."
praying for
4. The Appettant fited an appeal dated 26.10.2015 to the Commission, of direction to the Respondents to provide the information as requested by him free cost in terms of Section 7 (6\ of the RTI Act.
5. On the recommendation of a singte member bench of the Commission, the CIC had constituted the fottowing futt bench to hear the matter:-
1. Shri Sharat Sabharwat, lnformation Commissioner'
2. Shri M. sridhar Acharyutu, lnformation commissioner.
3. Shri Sudhir Bhargava, lnformation Commissioner'
6.
7. The Appettant stated that a good deat of information was denied under Section 8 (1) (d) of the RTt Act even though Hockey tndia faces no competition. He further submitted that in response to point No. 9 of his RTI apptication, the CplO stated that the Respondents did not have knowtedge of any norms / rutes prescribed by the Department of Legat Affairs, Government of lndia, for tegat fees being paid by pubtic authorities, including Hockey lndia and mentioning whether permission for engaging lawyers has to be taken from Department of Legat Affairs. He regretted that pubtic a authority like Hockey lndia is spending on tegat fees without having knowtedge about rutes / norms concerning the same. He prayed that the Respondents be directed to transfer point No. 9 of his RTI apptication to the Department of Legat Affairs, Government of lndia, under Section 6 (3) of the RTI Act. He atso prayed that the Respondents be directed to fite their written submissions concerning their response to his RTI apptication, whereafter he be attowed to fite his rejoinder. Finatty, he stated 'that he woutd wish to pursue points No. 3, s,6,7, g, 9 and 10 of his RTI apptication.
8. Speaking on behatf of the Respondents, Advocate Shyet Trehan stated that Hockey lndia was not required to fottow the norms / rutes prescribed by any department of the Government for engagement of lawyers and does not have a Department of Legal Affairs of its own. she further submitted that Hockey lndia League is a commercial body and how its products are priced by it is a matter of commerciat confidence. ln response to a query from the bench, she stated that Hockey lndia is a society registered under the Societies Registration Act in Dethi and Hockey lndia League was started by Hockey lndia for promotion of sport of Hockey. She also stated that Hockey lndia League can face competition from rival leagues ftoated by sports TV channets etc. She stated that a good deal of informatfon that is disctosabte has atready been made pubtic by Hockey lndia and they were witting to provide such information to the Appettant.
9' Advocate Shyet Trehan referred to the commission,s decision No. clc/KY/A12016/oo1o25 dated
1.g.2016 in shri Kirti Azad vs. The cpro, Ministry of Youth Affairs and sports and Hockey lndia and stated that vide its order dated 3'10'2016 tw'P' (c 8gg7/2016l, ) the High courtof Dethi had stayed the above order in so far as it retated to paragraphs (iii) and (v) of the information sought in that case.
she further submitted that the information sought at the above two points is simitar to the information sought at two points of the RTr apptication dated 13.7.2015 of the Appettant fn this case.
10' Having considered the submissions
of both the parties, we direct the
Respondents to file their written submissions in the matter, particutarty
in respect of
points No' 3, 5,6,2, g, 9 and 10 of his RTr apptication,
pressed by the Appettant.
The
written submissions shoutd reach
the commission, with a copy to the
Appettant, latest
by 16'8'2017' The cPlo of the-Respondents is further directed to-prbvide-fo-the Appettant' in hardcopy and free of charge, the information in response to his RTr apptication that is disctosabte and, as stated by Advocate shyet Trehan, has atready been ptaced in the pubtic domain by the Respondents. The written submissions of the Respondents to the commission, with a copy to the Appettant, shoutd inctude a tist of the information so provided to the Appettant.
,":# t L/ tnt \oI Yi{.\- lr€,io -G?rt \-t* :(l 'r7q;ii
--:\-*, ll.TheAppettantmayfitehisrejoindertothewrittensubmissionsofthe 31 .8.2017, A copy of such a Respondents, so as to reach the Commission latest by by the above date' shoutd atso be made avaitabte to the Respondents rejoinder for of Hockey lndia is directed to submit t'he fottowing documents
12. The cPlo by 31 '8'2017:' perusal by the Commission tatest
(i)AcopyoftheT.glol.ndumandartictesofassociationofHockeylndia/ g&l;;i.; their registration as a society under the terms and conditions Societies Registration Act'
(ii)Copyofthe.resotutignt,l/document,videwhichdecisionwastakenby i"ugr., outtining aims and Hockeylndia to .onriiiut" Hockey rna]i objectives of the League'
13.TheCPloofHockeylndiashoutdtransferpointNo.goftheRTlapptication of Legat Affairs, Government of lndia, under dated 13.7.2015 to the Department Section6(3)oftheRTlAct,forprovisionoftheinformationbythemaspertheir days of the above directive, within five with the records. The cplo shoutd compty receiptofthisorder,underinfima$ontotheAppettantandtheCommission.
given free of cost to the parties'
14. Copies of this order be sd/-
sd/- (M. Sridhar Acharyulu)
(Sudhir Bhargava) ^ Centrai lnformation Commissioner
Central information Commissioner
sd/-
(Sharat Sabharwal)
Central information Commissioner
shatt be suppLied against
Additionat copies. of orders
Authenticated true copy.
apptication una
tnu["i ptescribed under the Act to
pui*l't t;-ii;
Commission.
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