File notings & correspondence between government of India & US for a certain extradition were denied u/s 8(1)(a) & 8(1)(h) - PIO: investigation is pending & disclosure would prejudice the relations with a foreign state - CIC: denial upheld
14 Apr, 2014ORDER
Facts
1. The appellant filed an application dated 24.01.2013 under the RTI Act, seeking copies of file notings and correspondence between India and the US governments for a certain extradition. CPIO denied the information 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; and (h) of the Act vide letter dated 07.02.2013. Appellant filed first appeal before the first appellate authority (FAA) on 09.04.2013. FAA upheld the decision of the CPIO vide order dated 02.05.2013. Appellantfiled this present second appeal on 21.05.2013.
Hearing
2. Respondent was present before the Commission.
3. Respondent referred to the RTI application of the appellant and stated that the appellant was seeking copies of file notings and correspondence between India and the US governments for a certain extradition.
4. Respondent stated that the information sought by the appellant was denied 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; and (h) of the Act vide letter dated 07.02.2013. Respondent stated that the investigation was still going on and therefore, the information sought by the appellant was denied under section 8(1) (h) of the RTI Act.
5. Respondent stated that disclosure of information as sought by the appellant would prejudice the relations with a foreign state, therefore, the information sought by the appellant was denied under section 8(1) (a) of the RTI Act. Respondent further stated that the documents received from the US government were marked as confidential.
6. Appellant did not participate in the hearing.
7. Respondent has acted in conformity with the RTI Act.
Decision8. Order of the FAA is upheld. The appeal is disposed of. Copy of decision be given free of cost to the parties.
(Vijai Sharma)
Information Commissioner
Citation: Shri Aseem Takyar v. Ministry of External Affairs in Decision No.CIC/SM/A/2013/000891/VS/06107