The Delhi HC in the case of UNION OF INDIA v. ARVIND M KAPOOR AND ANR connected matters has observed that “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 the anti-dumping investigation are permitted to tangentially seek information under the RTI Act. When the Anti-Dumping Rules themselves provide an exception to disclosure of information given the nature of anti-dumping proceedings, the court cannot allow the RTI applicant to “bypass such a barrier.”
The court was hearing the pleas moved by Union of India and M/s Indian Synthetics Rubber Private Ltd. and Reliance Industries Pvt. Ltd. An order passed by Central Information Commission was challenged, in which it was directed to the Directorate General of Anti-Dumping and Allied Duties to provide certain information sought under RTI Act. The application sought information regarding imports of Styrine Butadine Rubber from the European Union, Korea RP and Thailand.
Justice Prathiba M Singh further observed that “Anti-dumping proceedings by their very nature are proceedings which have national and international dimensions and also have an impact on the country’s economy. The proceedings involve dealing with business sensitive and confidential information relating to a particular industry. This principle is also the very basis of Rule 7 of the Anti-Dumping Rules, which requires specific authorization from the party providing the information. Thus, in effect, there is no inconsistency between the provisions of the RTI Act and the Anti-Dumping Rules.”