In an important decision, Delhi High Court (“High Court”) has allowed a writ petition
filed by Telecom Regulatory Authority of India (“TRAI”) against the order of
Central Information Commission (“CIC”). In the impugned order of CIC, TRAI was ordered to seek information
of a mobile subscriber from the concerned service provider. [Telecom
Regulatory Authority of India v. Yash Pal, judgment Dated 25th
October, 2013]
(Image Source: rationallibertariancorner.com) |
Facts: The
respondent, Yash Pal, had applied to the CPIO of TRAI seeking call and SMS
details of certain mobile numbers. When his application was rejected by both
the CPIO and the appellate authority, the respondent filed a second appeal
before the CIC. By its order, CIC directed the TRAI to call for the requisite information subject to its availability with
the Service Provider
and pass on the same
to the respondent. TRAI was required to do this
by exercising its power under section 12(1) of Telecom Regulatory Authority of
India Act, 1997 (“TRAI Act”). Against this order, TRAI filed the present
petition before the High Court.
Relevant
Legislations:
Right
to Information Act, 2005; Telecom Regulatory Authority of India Act, 1997]
Bench:
Single Judge [Justice V.K. Jain]