Arrival & departure details in respect of a passenger at Chennai International Airport was denied u/s 24(1) - Appellant: information needed in connection with a court case - CIC: IB is exempt from providing any information under the law; appeal rejected
27 Apr, 2014O R D E R
Facts:
1. The appellant filed an RTI application on 532012 seeking information regarding arrival and departure details in respect of a passenger at Chennai International Airport from January 2008 to December 2008.
2. The CPIO responded on 2442012, denying the information to the appellant as per chapter VI, section 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: and second schedule, the Bureau of Immigration/Intelligence Bureau was exempted from providing information. The appellant filed an appeal with the first appellate authority (FAA) on 252012. The FAA responded on 1462012 and upheld the decision of the CPIO. The appellant approach the Commission on 1782012 in a second appeal.
Hearing:
4. The appellant’s representative referred to his RTI application of 532012 and stated that in his RTI application he had sought information regarding arrival and departure details in respect of a passenger at Chennai International Airport from January 2008 to December 2008. The appellant stated that he wanted this information in connection with a case in the court.
5. The respondent referred to the response of the CPIO dated 2442012 in which the information was denied to the appellant as per chapter VI, section 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: and second schedule, the Bureau of Immigration/Intelligence Bureau was exempted from providing information. The respondent further stated that the Intelligence Bureau is exempted from providing any information under the law. The respondent stated that this is a secret information. The FAA had also upheld the decision of the CPIO on 1462012.
6. Action taken by the respondent is in conformity with the RTI Act.
Decision:
7. Orders of the FAA are upheld. Appeal is disposed of. Copy of this order be given free of cost to the parties.
(Vijai Sharma)
Information Commissioner
Citation: Shri Rasheed Khan v. Intelligence Bureau in Decision No.CIC/SS/A/2013/900046/VS/06576