Delhi High Court
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The Delhi High Court has observed that disclosure of confidential information in anti-dumping proceedings can have a significant impact on the country’s economic interest and trade relations. The court clarified that it cannot be sought or disclosed under the Right to Information Act 2005. Justice Pratibha M Singh observed that when the anti-dumping rules themselves provide an exception for disclosure of information, given the nature of the anti-dumping proceedings, the court cannot allow the RTI applicant to bypass such a hurdle .
The court said the entire purpose of a complete and self-sustaining scheme for disclosure of confidential information under the anti-dumping rules would be defeated if persons participating in the anti-dumping investigation are allowed to seek information under the RTI Act. The court noted that anti-dumping agreements of various countries following the General Agreement on Tariffs and Trade (GATT) have recognized the sensitivity and competitive advantage that can be gained by third parties when confidential data is disclosed. In the context of anti-dumping proceedings and the information disclosed therein, the DA has to examine in detail issues such as competitive advantage, commercial sensitivities, productivity details, cost of raw materials, investment made.
Justice Singh observed that the authorities under the RTI Act including CPIO, PIO, First Appellate Authority and CIC do not have the requisite expertise or means to comment on or assess the impact of disclosure of confidential information submitted to or obtained in anti-dumping proceedings Will not done. The court said anti-dumping proceedings are by their very nature proceedings which have national and international dimensions and which also have an impact on the economy of the country. Proceedings involve dealing with sensitive and confidential information relating to a particular industry.
The court passed the order while hearing two petitions filed by the Center and M/s Indian Synthetics Rubber Pvt Ltd and Reliance Industries Pvt Ltd. The petitioners challenged an order passed by the Central Information Commission on July 29, 2016, directing the Directorate General of Anti-Dumping and Allied Duties to provide certain information sought under the RTI Act.