Eliciting a clarification or opinion cannot be constructed as information u/s 2(f) of the RTI Act


Quick Summary
This judgement clarifies that requests for clarification or opinions do not qualify as 'information' under Section 2(f) of the Right to Information (RTI) Act, 2005. The Securities and Exchange Board of India (SEBI) denied a request for clarification on share transfers, stating it was not a request for information. The appellate authority upheld this, ruling that such queries fall outside the scope of the RTI Act.

Court :
SEBI

Brief :
The appellant had filed an application dated June 29, 2020 (received by the respondent on July 13, 2020) under the Right to Information Act, 2005 (“RTI Act”). The respondent, by a letter dated August 05, 2020, responded to the application filed by the appellant. The appellant filed an appeal dated September 10, 2020 (received by the Office of Appellate Authority on September 22, 2020), against the said response dated August 05, 2020 (received by the appellant on September 09, 2020). I have carefully considered the application, the response and the appeal and find that the matter can be decided based on the material available on record

Citation :
Appeal No. 3924 of 2020

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