CIC: Information sought by the appellant is easily available with the BSF and does not concern the sovereignty, integrity, security of the country; BSF advised to provide information, thought it cannot be accessed as a matter of right under the RTI Act
8 Apr, 2016ORDER
1. Shri Babu Joseph filed an application dated 13.04.2011 under the Right to Information Act, 2005 before the Central Public Information Officer (CPIO), Directorate General, Border Security Force (BSF) seeking information on eleven points regarding the copies of entire correspondence between DG, BSF (HQ) and MHA including file notings of both parties in 1990 pertaining to review of DPC, copies of entire correspondence between DG, BSF (HQ) and MHA including file notings of both parties from 1994 to 1996 regarding revision of seniority of Shri Babu Joseph, etc.
2 The appellant filed an appeal on 19.12.2013 before the Commission on the ground that the CPIO and the FAA wrongly denied the information sought by him under 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: 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 appellant requested the Commission to direct the CPIO to provide the information sought in the RTI application.
Hearing:
3. The appellant Shri Babu Joseph attended the hearing through video conferencing. The respondent was not present despite notice.
4. The appellant submitted that he has been wrongly denied promotion and officers junior to him were promoted. The appellant further submitted that denial of information on the ground that the BSF has been granted exemption under 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: 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 is erroneous since the information sought by him involves violation of human rights, hence, cannot be denied.
Decision:
5. The Commission observes that under 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: 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: read with Second Schedule of the RTI Act, 2005, BSF has been declared an exempt organization, however the Delhi High Court in cases pertaining to exempted organisations in W.P. (C) 7453/2011 dated 09.10.2013 (Union of India v. Adarsh Sharma) has held that:
“ 5. …….if an information of the nature sought by the respondent is easily available with the Intelligence Bureau, the agency would be well advised in assisting a citizen, by providing such an information, despite the fact that it cannot be accessed as a matter of right under the provisions of Right to Information Act…… It is again made clear that information of this nature cannot be sought as a matter of right and it would be well within the discretion of the Intelligence Bureau whether to supply such information or not……...”
6. The Commission is of the view that the information sought by the appellant is easily available with the BSF and does not concern the sovereignty, integrity, security of the country. The agency is, therefore, advised to provide information to the appellant, despite the fact that it cannot be accessed as a matter of right under the provisions of RTI Act.
7. With the above observation, the appeal is disposed of.
8. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava)
Information Commissioner
Citation: Shri Babu Joseph v. B.S.F. in Decision No. CIC/VS/C/2014/000695/SB