Letter written by Ministry of Shipping to Tuticorin Port Trust - Ministry seeks security clearance inputs in respect of bidders from the security agencies – CIC: security inputs given by IB, RAW etc. can't be disclosed u/s 8(1)(a), 8(1)(g) and Schedule II
8 Aug, 2013Order
1. The appellant through his RTI application dated 20.7.2012 sought information on the following two queries
“(1) Kindly furnish photocopy of Ministry of Shipping (Ports Wing), New Delhi letter No,. PD-11015/3/2011-TPT dated 2.7.2012 sent to Tuticorin Port Trust; and
(2) Kindly furnish photocopy of Ministry of Shipping (Ports Wing), letter No., PD-11015/4/2010-TPT dated 2.7.2012 sent to Tuticorin Port Trust”.
The CPIO vide letter No. I-35013/292/2012-Estt.II dated 6.8.2012 denied information under the provisions of Section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; of the RTI Act.
2. Aggrieved with the reply of the CPIO, the appellant preferred first appeal on 22.8.2012 before the FAA. The FAA vide order No. I-35013/292/2012-Estt.II dated 17.9.2012 reiterated that the information cannot be disclosed under Section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; of the RTI Act.
3. The CPIO states that Ministry seeks security clearance inputs in respect of bidders who participate in the PPP Projects in the Port Sector. The security inputs are received from various agencies such as IB, RAW, MHA, Ministry of Defence and Ministry of External Affairs. These inputs are collected from these agencies including the Central Intelligence Agency and Directorate of Revenue Intelligence. This information is given in confidence by these security agencies to the Ministry of Shipping and the same are considered while granting security clearance to the bidders. Since the information is sensitive in nature and may affect the national/internal security of the nation, the same cannot be divulged to any citizen. Moreover, the security inputs received from various security agencies as detailed above are exempted under 2nd Schedule of the RTI Act read with 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: of the said Act. Further, disclosure of such information would prejudicially affect the sovereignty and integrity of India, the security and strategic interest of the State and as such is also exempted 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.
4. The Commission is of the view that the information sought for by the appellant is related to the security clearance inputs in respect of bidders who participate in the PPP Projects in the Port Sector. The security inputs are received from various agencies such as IB, RAW and various Central Security Agencies cannot be disclosed under the provisions of 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 section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; and 2nd Schedule read with 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: of the RTI Act. The Commission finds no reason to interfere with the replies of the respondent. The matter is disposed of on the part of the Commission.
(Sushma Singh)
Information Commissioner
Citation: Shri S. Vaikundarajan v. Ministry of Shipping in Case No. CIC/SS/A/2012/003609