Seeking copy of dossier of terrorist given to Pak foreign secretary by Indian counterpart
1 Jul, 2013Background
The appellant filed an application under the Right to Information (RTI) Act with the Ministry of External Affairs (MEA) seeking copy of dossier of terrorist, which was handed over to foreign secretary of Pakistan by foreign secretary of India. The appellant also stated that he is in judicial custody since July 2006 and does not have any source of income and therefore he claimed exemption from fees as per the RTI Act. The Ministry of External Affairs transferred the RTI application to the Ministry of Home Affairs (MHA). The Public Information Officer (PIO), MHA denied the information under 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; of the Act.
Proceedings
During the hearing the before Central Information Commission (CIC), the appellant sent a written submission stating that the investigation of 7/11 train blast case was complete and final charge sheet was filed. The charges were framed and 32 witnesses were examined and the trial is in running position on daily basis. Therefore, the information sought could not impede the process of investigation and exemption under 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; is baseless and groundless. The respondent also claimed exemption 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; of the RTI Act submitting that the documents sought by the appellant is given in confidence and good faith for mutual co-operation between the states and disclosure of the same would affect relation with foreign state. The respondent further submitted that the inputs from intelligence units were also a part of this dossier.
View of CIC
The Commission observed that the disclosure of such information given in confidence to a foreign state for facilitating mutual cooperation on critical issues also containing some inputs from intelligence units would be covered under the exemption clause of 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; of the Act. As the trial proceeding is still going on, the disclosure of such information would be denied under 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; of the Act as well.
Citation: Mr. E. Siddiqui v. Ministry of Home Affairs in Case No. CIC/SS/A/2010/000890
RTI Citation : RTIFI/2013/CIC/1414
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