MHC wonders how the disclosure of information affects Tasmac

CHENNAI: The Madras High Court has directed Tasmac to explain how it would seek an exemption from the RTI act refusing to disclose the information about the quantum and price of the liquors procured from various distillers and breweries.

The first division bench of the Madras High Court comprising Chief Justice SV Gangapurwala and Justice PD Audikesavalu, heard the appeal petition filed by the Tasmac challenging the MHC order to disclose the information about the quantum and price of the liquor procured from private distillers and breweries.

The Additional Advocate General (AAG) J Ravindran appeared for the Tasmac advanced his arguments that Section 8 (1) (d) of the RTI act states that there shall be no obligation to give to a citizen any information related to commercial confidence, trade secrets or intellectual property if the disclosure of this information could harm the competitive position of a third party unless the competent authority was satisfied that a larger public interest would warrant the disclosure of such information. He further argued if this commercial confidence was disclosed, it would affect the trade dealings between Tasmac and private distillers. Tasmac does not call for tenders for procurement of liquor, it is purchased directly from the private breweries and distilleries, the AAG added.

However, the bench wondered how the price and quantum of the procurement of Tasmac could be kept secret and how it could fall under commercial confidence.

In 2017 a petitioner M Loganathan from Coimbatore filed a petition in the MHC seeking to direct Tasmac to disclose the information under the RTI act about the quantum and pricing of the liquor procurement which was refused by Tasmac, the petitioner alleged. The single Judge directed Tasmac to disclose the details about the quantum and pricing of the liquor procurement.