“Response to the query would be an answer either affirmative or negative, depending on the available records…”: Appellate Authority, SEBI, Part 2.
5. Have you seen the Sl. No. 19(1197217) dt. 10.7.2019 of the letter as mentioned in the Ref above?
6. Today is 626 days, have you sent any information to the Hon’ble Finance Minister in respect of your compliance of the most urgent letter?
7. What is the time limit of “Most urgent” matter in the constitution of India?
8. Have you taken all the landed properties of the Aapna Pariwar Agro Farming Development India Ltd.?
9. What is being done with the said properties? Have you seen the Resolution of the Full body Directors dt. 14.5.2014 where it is mentioned Swaminath Singha was a Director in paper only?
10. Should I request your Honour to withdraw the bars as placed on my Accounts?
11. Do you follow the Lydford Law? Would you allow a citizen of India to live in the light of Article 21 of the Constitution of India?”
The respondent, in response to the query numbers 1 to 11, observed that the same are in the nature of seeking clarification/opinion and accordingly, cannot be construed as seeking “information”, as defined under section 2(f) of the RTI Act.
After perusing through the query numbers 1, 4, 5, 6, 7, 8, 9, 10 and 11. On consideration it was agreed that the observation of the respondent that the queries are in the nature of eliciting a clarification or opinion of the respondent. It was understood that the respondent is not supposed to create information; or to interpret information; or to furnish clarification to the appellant under the ambit of the RTI Act.
It was found that the said queries cannot be construed as seeking ‘information’ as defined under section 2 (f) of the RTI Act. Consequently, the respondent did not have an obligation to provide such clarification under the RTI Act. In this context, reference is made to the matter of Vineet Pandey vs. CPIO, United India Insurance Company Limited (Judgment dated January 21, 2021), wherein similar observations were made by the Hon’ble CIC.