File notings regarding ban on publication of books, magazines and periodicals
The appellant filed an application under the Right to Information (RTI) Act with the Ministry of Home Affairs (MHA) seeking inspection of all the correspondence and file notings in relation to the ban on publication of books, magazines and periodicals from 1955-2012. He also sought the inspection of files relating to correspondence between centers. The matter was heard before the Central Information Commission (CIC) and an Interim order was issued wherein the Commission directed the appellant to be more specific with her request and to provide a list of requested books, magazines and periodicals about which the information is requested.
During the hearing before the Central Information Commission (CIC), the respondent submitted that the appellant has intimated a list of eight books/ publications for which information has been sought. The respondent also stated that the information regarding three books for which the information is available has been provided to the appellant. Regarding the inspection of the relevant files, the respondent submitted that the file notings/ correspondence contain inputs from IB (Intelligence Bureau) which is an exempted organization under RTI Act. The respondent referred to section 95 of CrPC which states that wherever printed appears to the State Government to contain any matter the publication of which is punishable under section 124A or section 153 A or section 153B or section 292 or section 293 or section 295A of the Indian Penal Code (45 of 1860), the State Government may, by notification declare every copy of the issue to be forfeited to Government. The respondent also referred to section 11 of the Customs Act, 1962 and section 69A of the Information Technology Act, 2000 which also regulates upon the similar issue of circulation of books/publication etc.
View of CIC
The Commission directed the respondent to provide the copies of correspondence/ file notings to the appellant after applying section 10 to the information which is exempted under the provision of section 8(1) of the RTI Act. Regarding the books/ publications on which the information is not available with the respondent, the CIC advised the appellant to file fresh RTI application to the concerned state government or the concerned department who has issued the notification for regulating the circulation of books/ publications.
Citation: Ms. Anuradha Raman v. Ministry of Home Affairs in Case No. CIC/SS/A/12/001643
RTI Citation : RTIFI/2013/CIC/1392
Click here to view original RTI order of Court / Information Commission