Copy of CBI’s request for registration of a criminal case and note sheet in which the said proposal was examined by CVO and Law Secretary - denied u/s 8(1)(g) and 8(1)(h) - CIC: not explained how the disclosure can impede the process – disclosure ordered
5 Sep, 2013Copy of CBI’s request for registration of a criminal case and note sheet in which the said proposal was examined by the CVO and Law Secretary - denied u/s 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; 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 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; - CBI was not an exempted organization at the time of filing of RTI application – CIC: not explained how the disclosure can impede the process of investigation or apprehension or prosecution of offenders - documents to be provided
ORDER
Shri O.P. Nahar, hereinafter called the appellant, has filed the present appeal [Case No. CIC/SS/A/2012/002176] dated 9.8.2012 before the Commission against the respondent Ministry of Law & Justice, Department of Legal Affairs for not providing complete and satisfactory information in reply to his RTI-application dated 5.5.2011. The appellant was present whereas the respondent were represented by Shri Nirmal Singh, CPIO, Shri Ravindra Kumar, Deputy Secretary/Vig, Shri Jagdish Kumar, Section Officer and Shri Bhoopendra Singh Bisht, Assistant.
2. The matter was earlier heard by the Commission on 4.2.2013 and the Commission vide its Interim Order dated 30.4.2013 had observed that the CPIO has not provided information as requested to the appellant in spite of the directions of the FAA, nor had the CPIO filed any second appeal before the Commission against the order of the FAA. The Commission directed the CPIO and Shri Ravinder Kumar, Deputy Secretary (Vigilance) [deemed CPIO] to appear before the Commission on 10.6.2013.
Background of case:
3. The appellant through his RTI application dated 5.5.2011 sought information on the following four queries:
“(1) When and with what document CBI asked for permission for registration of a Regular Criminal case or investigation against Shri O.P. Nahar. Kindly supply the copy of these document as well as the request and the decision taken including the notings recorded by CVO and Law Secretary;
(2) The status, rank and hierarchy enjoyed by Shri O.P. Nahar when aforesaid permission is sought. Kindly supply the documents in support of his status rank and hierarchy;
(3) The copy of the communication sent to the CBI upon its request made as described in para (1) above may be supplied; and
(4) Identify the procedure adopted before taking a decision on CBI’s request as recorded in para (1) above and also provide the copy of any enquiry held including the explanation of Shri O.P. Nahar after receiving request dated 21.7.2008 from CBI for investigation or registration of Regular Criminal Case”. The CPIO vide his letter No. 21(585)/2011-IC dated 7.6.2011 furnished the appellant with the information furnished by the concerned Section which is as follows:
“(1) CBI requested for registering a regular case on 21.7.2008. As the investigation in the case is still going on, the documents and notings as requested for are denied u/s 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; 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 (h) of the RTI Act;
(2) Shri O.P. Nahar was working as Chairperson, Appellate Tribunal for Foreign Exchange when aforesaid permission was sought by CBI. He was holding the post in the pay scale of Rs. 26,000 per month (fixed) [pre-revised]. In terms of Rule 6 of Appellate Tribunal for Foreign exchange (Rules) 2000 the Chairperson is a Member of General Central Service, Group ‘A” Gazetted. A copy of the ATFE (Rules) is enclosed;
(3) The copy of the communication sent to the CBI is not part of the record available in the relevant file; and
(4) The decision was taken by the competent authority. Details relating to procedure adopted by the competent authority to arrive at a decision on CBI’s request or details of any enquiry held in this connection are denied u/s 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; 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 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 as the investigation in the case is still going on and the case has not reached its logical conclusion”.
4. Aggrieved with the reply of the CPIO, the appellant filed first appeal before the FAA. The FAA vide his order No. 23(104)2011-IC dated 5.7.2011 held that the investigation in the case of the appellant Dr. O.P. Nahar has been completed and charge-sheet has also been filed. In view of the same the FAA directed that the CPIO shall not take shelter u/s 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; 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 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 FAA directed the CPIO to furnish the information requested by the appellant.
5. Thereafter, the CPIO informed the appellant through letter dated 18.8.2011 that the concerned Section has informed that a Notice u/s 11 of the RTI Act has been issued to third party (CBI) and that their submission was awaited. The CPIO, vide letter dated 11.10.2011 replied to the appellant as follows:
“(1) A notice u/s 11 of the RTI Act, 2005, was issued to third party (CBI in this case). The information/documents are denied in view of CBI’s reply;
(2) As mentioned vide letter dated 7.6.2011, the copy of the communication sent to the CBI is not part of the record available in the relevant file of this Department;
(3) Reply to this point will be sent separately”.
The CPIO vide letter dated 14.11.2011 furnished the information on Point No. 3 of the RTI application, as received from the concerned Section as follows:
“In this connection, it is informed that the decision on CBI’s request was finally taken by the competent authority (Hon’ble MLJ) at his level and the procedure adopted is not part of the records available in the relevant file of this Department. Regarding providing copy of any enquiry held after receiving request dated 21.7.08 from CBI, it is informed that it has been decided by this Department to file an appeal before the CIC, New Delhi as the preliminary inquiry report is based on reference from CBI’s report and CBI’s report is a secret one. Also due to the fact that CBI has been exempted from disclosure of information under RTI Act and as stated by the CBI disclosure of information/documents (u/s 8 (1)(g) and (h) of the RTI Act, as sought by the appellant may impede the process of prosecution and may also endanger the life or physical safety of the persons who had dealt with the matter of seeking and according permission u/s 6A of DSPE Act for initiating criminal investigation against the appellant. It has, however, been decided to provide copies of the explanation (dated 28.1.2009 and 9.3.2009) of Shri O.P. Nahar which were received by this Department, to Shri O.P. Nahar, as requested by him. Accordingly copies of the said two explanations are enclosed.”
6. The respondent CPIO, Ministry of Law & Justice, Department of Legal Affairs has, in fact, filed an appeal dated 28.2.2012 before the Commission against the order of the FAA in Case No. CIC/SS/A/2012/002176, in which The FAA vide his order No. 23(104)2011-IC dated 5.7.2011 held that the investigation in the case of the appellant Dr. O.P. Nahar has been completed and chargesheet has also been filed. In view of the same, the FAA directed that the CPIO shall not take shelter u/s 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; 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 (h) of the RTI Act. The FAA directed the CPIO to furnish the information requested by the appellant. This appeal filed by the CPIO against the orders of the FAA was not pointed out by the respondent during the hearing of appellant’s appeal on 4.2.2013.
7. The appellant has filed this appeal dated 6.9.2012 before the Commission. The appellant during the hearing states that this appeal relates to identical issues in case No. CIC/SS/A/2012/002176. Hence all the three appeals are clubbed together.
8. During the hearing Shri Ravindra Kumar, Deputy Secretary (Vig) /the deemed CPIO states that the decision on CBI’s request was finally taken by the competent authority (Hon’ble Minister of Law & Justice) at his level and the procedure adopted is not part of the records available in the relevant file of this Department, as the matter has been dealt with by the Cabinet Secretariat. The CBI vide notification dated 9.6.2011 has been exempted from RTI Act and therefore any information relating to CBI case cannot be disclosed. Even otherwise the disclosure of information/documents sought by the appellant may impede the process of prosecution and may also endanger the life or physical safety of the persons who had dealt with the matter of seeking and according permission u/s 6A of DSPE Act for initiating criminal investigation against the appellant. Therefore, the said information/documents are exempted from disclosure u/s 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; 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 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.
9. The appellant on the other hand during the hearing requests the Commission for a copy of CBI’s request document regarding permission for registration of a criminal case against him. The appellant also wants a copy of note sheet in which the said proposal was examined by the CVO and Law Secretary.
10. Having considered the submissions of the parties and perused the relevant documents on the file, the Commission finds that the CBI has been exempted under the provisions of the RTI Act vide Notification dated 9.6.2011 whereas the appellant’s RTI application is dated 5.5.2011, which is prior to the said Notification. Therefore, the CBI was not an exempted organization at the time of filing of the RTI application. Moreover, it has not been explained by the respondent how the disclosure of information in the present case can impede the process of investigation or apprehension or prosecution of offenders, which is admittedly over. The Commission hereby directs the Deputy Secretary/Vig & CPIO to provide to the appellant the documents as requested by him at Para 9 above, within two weeks of receipt of this order.
(Sushma Singh)
Information Commissioner
Citation: Shri O.P. Nahar v. Ministry of Law & Justice, Department of Legal Affairs in Case No. CIC/SS/A/2012/002176, Case No. CIC/SS/A/2012/003177 & Case No. CIC/SS/A/2013/000011