CIC Orders Garnet Sand Export Data Disclosure

New Delhi, Feb 5 (PTI) The Central Information Commission (CIC) has ordered disclosure of garnet sand export quantities by several private firms, holding that "larger public interest warrants the disclosure" particularly as mining of the mineral has been banned since 2013.

The order came on an RTI appeal seeking year-wise details of garnet sand and abrasive exports from 2018-19 to March 31, 2024 by firms operating in and around the Visakhapatnam Special Economic Zone (SEZ).

During the hearing, the appellant argued that he had sought "only the quantity of the garnet sand/abrasive exported by third-party entities" and that such information does not amount to trade secrets or commercial confidence.

He also pointed out that as per Directorate General of Foreign Trade (DGFT) norms, exports of garnet are permitted only through a canalisation mechanism via IREL (India) Ltd, a public sector undertaking.

The Visakhapatnam SEZ authorities had denied the information, citing lack of consent from third parties under Section 11(1) of the RTI Act, while the CGST department rejected part of the request, invoking Section 8(1)(d) relating to commercial confidence.

Information Commissioner Khushwant Singh Sethi noted that during the hearing it emerged that "mining of the said mineral has been banned since 2013", prompting it to question how exporters procured the material, to which the firms responded that they were exporting from existing stocks.

Rejecting the argument that disclosure would harm commercial interests, the CIC observed that the appellant had sought "only information on quantity of the mineral exported by different entities" and not sensitive business details.

Quoting Supreme Court judgments on the scope of public interest, the Commission said the expression "is of a wide import covering public order, public health, public security, morals [and] economic welfare of the community".

It further noted that public interest includes "protecting social, collective, 'diffused' rights and interests", particularly when "the community resource i.e., the mineral in contention is involved".

"In the instant case, the larger public interest warrants the disclosure of the sought information," the Commission held, "especially as it was brought out during the hearing that mining of the said mineral has been banned since 2013 and further, the exports are allowed only in restrictive manner through canalisation".

The CIC directed the authorities to provide the export quantity details relating to the firms within 30 days and to report compliance to the Commission.

Garnet is classified as a beach sand mineral and its export is restricted under foreign trade policy, with shipments permitted only through the state-owned Indian Rare Earths Ltd (IREL) to regulate extraction and maintain state control over strategically important minerals, irrespective of whether the material is sourced from coastal or inland areas. PTI MHS MHS KVK

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