Information pertaining to the Peace Accord between GoI & NSCN (IM) was denied u/s 8(1)(a) - Appellant: No reasons were furnished as to how the disclosure of the information would adversely affect the Security interests of the country - CIC : Denial upheld
19 Feb, 2017ORDER
1. Shri Kambam Seityajit filed an application dated 11.08.2015under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Ministry of Home Affairs (MHA) seeking information on five points pertaining to the Peace Accord signed between Government of India and National Socialist Council of Nagaland – Isak Muivah (NS-IM) on 3rd August, 2015, including
(i) copy of the said Peace Accord and
(ii) details with complete documents pertaining to the said Peace Accord such as its scope, effectual date, validity, coverage, liability etc.
2. Shri Kambam Seityajit filed a second appeal dated 06.02.2016 before the Commission on the grounds that the CPIO denied the information sought for 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; 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 the RTI Act and the FAA too upheld the decision of the CPIO on the plea that the information sought by him affects the strategic and security interests of the country. The appellant requested the Commission to provide the information sought by him.
Hearing:
3. The appellant Shri Kambam Seityajit attended the hearing through video conferencing. The respondent Ms. A Radha Rani, Deputy Secretary and CPIO, MHA was present in person.
4. The appellant submitted that the information sought has been denied on the ground that the same is exempted 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; 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 the RTI Act. However, the same is arbitrary as no reasons were furnished as to how the disclosure of the information would adversely affect the Security interests of the country. The appellant requested the Commission to direct the CPIO concerned to provide the information as sought in his RTI application.
5. The respondent submitted that the appellant was informed vide FAA’s order dated 29.10.2015 that information sought cannot be disclosed as the same would adversely affect the Strategic and Security interest of the country. Hence, the information sought for is exempted from disclosure 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; 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 the RTI Act.
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, agrees with the respondent that the disclosure of the information sought for would adversely affect the Strategic and Security interests of the country. Hence, the information sought for is exempted from disclosure 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; 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 the RTI Act.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
(Sudhir Bhargava)
Information Commissioner
Citation: Shri Kambam Seityajit v. Ministry of Home Affairs in Decision No. CIC/SB/A/2016/000365 Dated: 07.02.2017