Kochi, Apr 18 (PTI): NHRC Chairman K G Balakrishnan has sought rejection of an RTI petition seeking details of his Income Tax returns saying the applicant has ''malafide intentions'' and ''vested interests'' to tarnish his image and that information is personal in nature.
He said the returns carry details of PAN card and bank account number which is personal information with "enough possibility of tampering and misuse".
In his additional affidavit before the I-T department's First Appellate Authority in RTI matters Balakrishnan said he had filed these returns in his "personal capacity and not under the capacity of the Chief Justice of India."
Income Tax authorities had in February last year refused to reveal details of tax returns filed by Balakrishnan and his family members on the RTI application by Dr T Balachandran, Executive Member of Kerala RTI Federation, after former CJI objected to the disclosures.
The affidavit filed by his counsel further stated that income derived from any of the assets a divulged by Balakrishnan is purely personal in nature and publishing the same will certainly an "invasion to the personal liberty" of the person which attracts exemption from disclosure under section 8(1)(J) of the RTI Act, 2005.
The section cited exempts information which is personal in nature unless competent authority is satisfied that disclosure would be in larger public interest.
In his affidavit, Balakrishnan said the clause of larger public interest does not hold in the instant case seeking disclosure of the income-tax returns of Justice (Retd) Balakrishnan as the assets are already published on the web site (Supreme Court).
"If the appellant has any objection to the same he can very well approach the authority, but that doesn't mean that the appellant has any right to get any personal information of an individual if it is covered by section 8(1)(J) of the RTI Act," the affidavit said.
Balakrishnan said if there is any defect in calculating the income or non-disclosure of any assets by Balakrishnan before the Income Tax Department then it is the Income Tax department or any other appropriate government agency to look into the issue and proceed any further action.
"It is also understood that the petitioner is having malafide intention and vested interest to tarnish the third respondent (Balakrishnan) and his present attempt is nothing but a desperate step to malign and unnecessarily attract the lights of media for controversy.
"It is also submitted that the third respondent is a public authority at present under the purview of the Article 12 of the Constitution," he said.
Earlier, Balakrishnan had told Income Tax authorities that details of his I-T returns cannot be disclosed but he had no objection in revealing his total income or taxable income and the amount paid as income tax during 2005-10.
Balakrishan, who has come under attack over alleged amassing of wealth by his family members, had said in an earlier affidavit,"I have no objection in disclosing my total income or taxable income or the amount paid as income tax during the 2005 to 2010," he had said.