Verification of allegations against Intelligence Bureau

Background

The appellant sought the details for the reason of terrorism in the country and with reference to a book “Who killed Karkare” asked about the role of Intelligence Bureau (IB) and whether certain allegation on IB’s role are true etc. The appellant prayed before the Commission to exercise its powers as per the provisions of the RTI Act and conduct a thorough enquiry in the matter for further course of action. The PIO informed that the appellant have sought opinion which is beyond the definition of ‘information’ as provided in section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act and in respect of certain queries regarding Intelligence Agencies, PIO informed that the Intelligence Agencies are out of the purview of RTI Act.

View of CIC

The Commission viewed that requisite reply as per the provisions of the RTI Act have been provided to the Appellant. The Commission found no infirmity in the replies of the PIO and disposed of the appeal.

Comments

Many applicants tend to file an application without realising that opinion is not a part of information as defined under section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act.

Citation: Sh. S. S. Ahmad v. Ministry of Home Affairs in file no. CIC/SS/A/2011/001271