Court Protects Confidential Info in Anti-Dumping Cases

The Court set aside the Central Information Commission's order directing the Directorate General of Anti-Dumping and Allied Duties to disclose confidential information under the RTI Act. It held that the Anti-Dumping Rules provide a specialized framework for handling such information, emphasizing the importance of confidentiality in anti-dumping proceedings to protect trade relations and economic interests. The Court ruled that the RTI Applicant must follow procedures under the Anti-Dumping Rules to obtain information, safeguarding the commercial interests of the complainants and domestic industry.

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Issues Involved:
1. Disclosure of confidential information under the RTI Act.
2. Interplay between the Anti-Dumping Rules and the RTI Act.
3. Confidentiality of information in anti-dumping proceedings.

Summary:

Issue 1: Disclosure of Confidential Information under the RTI Act
The RTI Applicant sought information regarding the initiation of anti-dumping investigations, including a copy of the note sheet from the Directorate General of Anti-Dumping and Allied Duties (DGAD). The Central Information Commission (CIC) directed the DGAD to provide this information. The Union of India and the complainants (ISRPL and Reliance Industries Pvt. Ltd.) challenged this order, arguing that the note sheet contained confidential information. The Court noted that the Anti-Dumping Rules, specifically Rule 7, protect confidential information provided during such investigations and require a non-confidential summary if possible.

Issue 2: Interplay between the Anti-Dumping Rules and the RTI Act
The Court examined whether the Anti-Dumping Rules were inconsistent with the RTI Act. Section 22 of the RTI Act states that its provisions override other laws unless there is an inconsistency. The Court referenced previous judgments, including Registrar of Supreme Court of India v. R.S. Misra and Chief Information Commissioner v. High Court of Gujarat, which held that specific rules governing judicial or quasi-judicial bodies are not inherently inconsistent with the RTI Act. The Court concluded that the Anti-Dumping Rules provide a specialized framework for handling confidential information, which is not inconsistent with the RTI Act.

Issue 3: Confidentiality of Information in Anti-Dumping Proceedings
The Court emphasized the importance of maintaining confidentiality in anti-dumping proceedings due to the sensitive nature of the information involved, which can impact trade relations and the economic interests of the country. The Anti-Dumping Agreement and the Anti-Dumping Rules recognize the need to protect such information. The Court held that the DGAD, with its specialized knowledge, is better equipped to determine the confidentiality of information than the authorities under the RTI Act. The Court found that the disclosure of the note sheet could harm the commercial interests of the complainants and the domestic industry.

Conclusion:
The Court allowed the writ petitions, setting aside the CIC's order. It held that the RTI Applicant must seek information through the Anti-Dumping Rules and not bypass this procedure using the RTI Act. The remedies under the Anti-Dumping Rules for the RTI Applicant were left open.

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