Are file notings related to nomination of MPs to Rajya Sabha liable for disclosure?
22 Apr, 2013Background
The appellant filed an application under the Right to Information (RTI) Act with the Ministry of Home Affairs (MHA) seeking information pertaining to the criteria for nomination of Members of Parliament (MP) to Rajya Sabha by President of India. He also sought the file notings regarding nomination of Shri Mani Shankar Aiyar to the Rajya Sabha. The Public Information Officer (PIO) provided some information and denied information regarding the file notings under 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; of the RTI Act. He claimed that the notings relating to nomination of Members to the Rajya Sabha between Home Minister (HM), Prime Minister (PM) and the President was a classified document and exempt for disclosure under 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; of the RTI Act.
Proceedings
During the hearing before the Central Information Commission (CIC), the PIO stated that the relevant documents including file notings related to the nomination of Shri Mani Shankar Aiyar to Rajya Sabha, have been provided to the appellant.
View of CIC
The Commission observed that as the requisite information has been provided to the appellant, there is nothing more required to be done.
Citation: Mr. P.P. Kapoor v. Ministry of Home Affairs in Case No. CIC/SS/A/2010/000938
RTI Citation : RTIFI/2013/CIC/1220
Click here to view original RTI order of Court / Information Commission