Action taken on appellant’s complaint regarding certain allegations against some DDK officials was sought - CIC perused the file in sealed cover - CIC: Every complainant has the right to know the outcome of the enquiry; Section 8(1)(a) cannot be invoked
29 Dec, 2015Information sought:
The appellant sought information on progress/status and action taken on petitions filed by Shri Shabnam Vijpari vide letters dt. 13.05.2011, 06.06.2011, 03.01.2012, 08.06.2012, 12.09.2012, 17.09.2012 and 02.11.2012.
Relevant facts emerging during hearing:
Both parties are present and the appellant is heard through Video Conferencing. The appellant filed an RTI application on 01.04.2013, seeking the above information. CPIO/US denied providing information to the appellant u/s 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; stating that the complaints relate to Shri Shabnam Vijpari. The appellant in his first appeal informed the respondent public authority that Shri Shabnam Vijpari is his father and that he is seeking information on his behalf. The FAA in his order directed the CPIO to take necessary action Section 11 and only after obtaining the permission of third party, to provide information as per the provisions of the Act. The CPIO vide letter dt. 18.05.2013 invoked Section 11, in response to which Shri Shabnam Vijpari vide his letter dt. 26.05.2013 gave his consent to provide the information to the appellant. CPIO/US in his reply dt. 27.06.2013 informed the appellant that several petitions have been filed by Shri Shabnam Vijpari and that the same have been forwarded to DG:DDn for necessary action and the RTI application was transferred to CPIO, DG:DDn. CPIO/Sr. Vig. Officer, DG:DDn denied providing the information u/s 8(1)(a) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; stating that the matter relates to National Security. The appellant filed first appeal, aggrieved by the CPIO’s reply. The FAA in his order dt. 09.09.2013 upheld the CPIO’s decision.
The appellant stated that the plea of Section 8(1)(a) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; invoked by the CPIO is incorrect. He stated that he is seeking this information to expose corruption. The respondent from the Ministry stated that the RTI was transferred to DG:DDn and that information can be provided by them. The CPIO, DG:DDn produced the relevant record, in a sealed envelope, before the Commission and stated that there are no further submissions to be made.
Decision:
In the instant case, the appellant has sought information regarding action taken on his complaints wherein he has made certain allegations against certain officials, due to which he has allegedly suffered. The Commission has perused the file, in sealed cover, giving justification as to why information cannot be provided u/s 8(1)(a) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; . The Commission finds that the complaints are about alleged corruption, attributed to certain officers in DDK, Srinagar. Every complainant has the right to know the outcome of the enquiry, if any. In providing the substance of the enquiry, the allegations therein, its outcome and action taken, if any, do not impact national security. Hence, Section 8(1)(a) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; cannot be invoked. If no action has been taken, then the same is also to be intimated to the appellant.
The Commission, therefore, directs CPIO, DG:DDn to provide information regarding the enquiry made, if any, in response to Shri Shabnam Bijpari’s complaints and action taken on the same, to the appellant, within 3 weeks of receipt of this order, under intimation to the Commission. The submissions made by CPIO, DG:DDn shall be returned personally to him, in sealed cover. The appeal is disposed of accordingly.
(Yashovardhan Azad)
Information Commissioner
Citation: Shri Junaid Ahmad v. M/o Information & Broadcasting in F.No.CIC/YA/A/2014/000804