Annual Verification Report of Main Vault of RBI branch sought - details include denomination of currency notes - disclosure would compromise security and economic interests of the State – exempt u/s 8(1)(a) and 8(1)(h)
8 Aug, 2013RTI application
1. The appellant filed an RTI application with the PIO on 29.11.2011 seeking copy of the Annual Verification Report of Main Vault I of Issue Deptt., RBI, Bangalore, for the year ending June 2001. The CPIO denied the information on 28.12.2011 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; 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)(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; 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 2005 stating that disclosure of said information would prejudicially affect the security and economic interests of the State and that some criminal proceedings against an ex-official are pending in the court in connection with shortages in the said Vault.
2. Not satisfied with the reply of the PIO, the appellant filed an appeal on 19.1.2012 with the first appellate authority (FAA). The FAA upheld the reply of PIO on 24.2.2012. The appellant approached the Commission on 24.5.2012 in second appeal.
Hearing
3. The respondent participated in the hearing through video conferencing and stated that the RTI application has been responded to by the respondent on 28.12.2011 by citing various exemption from disclosure clauses, particularly 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; 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)(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; 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 respondent said that the reply of the CPIO was also upheld by the FAA on 24.2.2012.
4. The respondent stated that the facts of the matter are that the appellant is seeking a copy of the Annual Verification Report of Main Vault I of Issue Department of RBI, Bangalore for the year ending June 2001. The respondent stated that the information that is being sought pertains to the details of denomination of the currency notes, disclosure of which would compromise the economic interests and because of this reason, 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; 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; has been cited by the CPIO.
5. The respondent further stated that more pointedly, 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; 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 is also relevant because any disclosure would handicap the criminal proceedings which are currently underway. The facts, according to the respondent, were that a significant amount was missing from the vault which led to lodging of an FIR and the official who was managing the vault during that period, was implicated and in this context, the legal proceedings are still on. The respondent stated that the verification report for this period is relevant to the criminal proceedings and that is why 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; 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; has been cited.
6. The response of the respondent is in conformity with the RTI Act. Commission’s intervention is not required in the matter.
7. The appellant did not participate in the hearing.
Decision
8. The decision of the FAA is upheld. The appeal is disposed of. Copy of the decision be given free of cost to both the parties.
(Vijai Sharma)
Information Commission
Citation: Shri S.A.P. Rao v. Reserve Bank of India in Decision No. CIC/VS/A/2012/001013/04129