All record relating to action taken by GoI for the release of Indian nationals on Ship captured by Somalian Pirates in 2012 was denied u/s 8(1)(a) - CIC: provide an extract as to how such matters are generally dealt with or procedure to be followed
20 Dec, 2014Information sought:
The appellant sought inspection of all record, papers, communication and file-notings relating to action taken by Government of India for the release of Indian nationals of board of Ship M.T. Royal Grace (M/s Oasis Maritime Shipping, PO 1309, Ajman, UAE Shipping Company), who were captured by Somalia Pirates on 02.03.2012.
Relevant facts emerging during hearing:
Both parties are present. The appellant filed an RTI application on 26.09.2012 seeking the above information. CPIO/US(RTI)/MEA transferred the RTI application to CPIO, M/o Shipping on 28.09.2012. CPIO/DS/MoS in his reply stated that disclosure of information sought is likely to prejudice the security and strategic and economic interest of the State besides jeopardising the safety and security of the seamen held hostage by Somali Pirates and denied the same u/s 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 RTI act. The appellant filed first appeal before Jt. Secy. (Ports)/FAA, MoS on 22.11.2012. The FAA in his order upheld the CPIO’s decision. The respondent from MoS stated that after several diplomatic negotiations, Indian hostages were released after a period of one year. He stated that the inspection of documents on the same was denied u/s 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; as its disclosure would have prejudiced the security interest and jeopardised safety & security of the seamen. He stated that the matter was discussed in the Cabinet Secretariat, meeting with the Research & Analysis Wing were being held and parallel negotiations with the pirates were going on including several Ministries & other agencies being involved. The appellant stated that she sought this information in public interest to know how much money was being paid to the Pirates. She stated that it is the taxpayers money that was being paid to the pirates as ransom. The respondent from MoS stated that all hostage issues come under national security and are handled by various agencies. The negotiations, headed by the Cabinet Secretary and other senior Government functionaries, done are top secret. The appellant requested that the information as to how such matters are generally dealt or a procedure to be followed should be provided as the people who go through such crisis do not know whom to approach and how to do that.
Decision:
After hearing the parties and on perusal of record, the Commission agrees that inspection of all record, papers, communication and file-notings relating to action taken by Government of India for the release of Indian nationals, captured by Somalia Pirates on 02.03.2012 cannot be provided to the appellant as the same falls under the exemption clause 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; . In case of conflict between two competing dimensions of public interest, namely, right of citizens to obtain disclosure of information vis-à-vis right of State to protect the information relating to the crucial state of affairs in larger public interest, the later must be given preference. However, the Commission appreciates the appellant’s efforts in raising this issue, therefore, CPIO/Director, Ministry of Shipping is directed to provide an extract as to how such matters are generally dealt or a procedure, if any, to be followed should be provided as the people who go through such crisis do not know whom to approach and how to do that. The information be provided to the appellant, within two weeks of receipt of this order, under intimation to the Commission. The appeal is disposed of accordingly.
(Yashovardhan Azad)
Information Commissioner
Citation: Miss Ceejun Chandran v. Ministry of External Affiars, Ministry of Shipping in F.No.CIC/SM/A/2013/001143-YA