Correspondence between State Govt. of Maharashtra and Central Government in context of a bomb blast in Mumbai was denied u/s 8(1)(a)&(h) - PIO: investigation is ongoing and security implications involved as it is a sensitive matter - CIC: appeal rejected
19 Jan, 2014
O R D E R
Facts:
1. The appellant filed an RTI application on 20102012 requesting for certified copies of all letters and reports received from State Govt. of Maharashtra and NCT of New Delhi from 1372011 to 3092011 in connection with bomb blast in Mumbai.
2. The CPIO responded on 21112012, denying the information to the appellant under section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act. The appellant filed an appeal with the first appellate authority (FAA) on 27122012. The FAA responded on 3112013 and upheld the decision of the CPIO. The appellant approached the Commission on 852013 in a second appeal.
Hearing:
3. The respondent was present personally in the hearing. He stated that the appellant was seeking information about the correspondence between the State Government of Maharashtra and Central Government from 1372011 to 3092011 in context of a bomb blast in Mumbai. The respondent stated that the matter which had led to this correspondence between the Central Government was a sensitive matter involving a bomb blast.
4. The respondent said that there were two considerations which prevailed on the respondent not to give the information, firstly the ongoing investigation, and, secondly the security implications involved. The respondent stated that they are supported by section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; and 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; of the RTI Act to deny the information. The respondent stated that the investigation is still going on and there is no reason to provide the information and hence the matter should now be treated as closed.
Decision:
5. Intervention of the Commission is not required in the matter. Appeal is disposed of. Copy of this order be given free of cost to the parties.
(Vijai Sharma)
Information Commissioner
Citation: Shri Nadeem A.A.A. Shaikh v. Ministry of Home Affairs in Decision No. CIC/SS/A/2013/001467/VS/05814