Union Of India Vs Arvind M Kapoor And Anr (Delhi High court)
Delhi High Court held that procedure prescribed under rule 7 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 is to be followed for any party (including the person who participated in the anti-dumping investigation) requires any information. Rule 7 procedure cannot be bypassed by resorting to RTI.
Facts- The Petitioners in P.(C) 2603/2017 jointly filed an application (`Complaint’) before the Designated Authority, Directorate General of Anti-Dumping and Allied Duties. The said complaint was filed for initiating investigation qua imports of Styrine Butadine Rubber of 1500 and 1700 series originating in or exporting from European Union, Korea RP and Thailand. Pursuant to the said complaint, the DA vide notification No.14/10/2015-DGAD dated 14th January, 2016 initiated an anti-dumping investigation.
Almost immediately after the investigation was initiated, the RTI Applicant – Mr. Arvind M. Kapoor filed an application dated 29th January, 2016 under the Right to Information Act, 2005 seeking information qua seven issues in relation to initiation of antidumping investigation concerning imports of SBR from European Union, Korea RP and Thailand.
Conclusion- The entire purpose of having a complete and self-sufficient scheme for disclosure of confidential information under the Anti-Dumping Rules would be defeated if persons who are participating in anti-dumping investigation are permitted to tangentially seek information under the RTI Act.
If any party, especially one who has already participated in the anti-dumping investigation, requires any information, the same would have to be governed and dealt with under the Anti-Dumping Rules, including Rule 7, and the said procedure cannot be bypassed by seeking resort to the provisions of RTI Act. The Anti-Dumping Authority is vested with specialised knowledge relating to the trade as also the exclusive knowledge in respect of anti-dumping proceedings. Such knowledge would enable the said Authority to take a considered decision as to whether the particular information is to be disclosed or not. Such expertise does not vest with the CPIO/PIO or other authorities under the RTI Act.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. These are two writ petitions filed by –
