Case Law Details
Court- Supreme Court of India
Citation – RAJINDER JAINA ….. Petitioner. VERSUS CENTRAL INFORMATION COMMISSION & OTHERS.
Judgement
Right to privacy has been a subject matter and reiterated in the State of Andhra Pradesh and District Registrar and Collector, Hyderabad and another versus Canara Bank and others (2005) 1 SCC 496. However, the said right is not an absolute right. Right to information is a part of Right to Freedom of Speech and Expression. Section 8(1)(j) of the Act balances right to privacy and right to information. It recognizes that both rights are important and require protection and in case of conflict between the two rights, the test of over-riding public interest is applied to decide whether information should be withheld or disclosed.
5. Section 8(i)(j) of the Act, stands interpreted by Ravindra Bhat, J. in The CPIO, Supreme Court of India, Tilak Marg, New Delhi versus Subhash Chandra Agarwal & another (Writ Petition No. 288/2009) decided on 2nd September, 2009. It has been held as under:-
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