When does the property become the “enemy” property?
The appellant filed an application under the Right to Information (RTI) Act with the Ministry of Home Affairs (MHA) Office of the Custodian of Enemy Property for India seeking information regarding some property belonging to a person who left for Pakistan in 1947. The Public Information Officer (PIO) transferred the RTI application to the office of District Magistrate stating that such information is not available with the office.
During the hearing the before Central Information Commission (CIC), the appellant submitted that as the property is enemy property, the respondent must be in possession of the desired information. The respondent submitted that if a property is qualified to be enemy property only then it is declared as enemy property and the records pertaining to the said RTI application were not with them. The respondent also stated that the application was transferred to the office of District Magistrate and hence the appeal should also have been filed before the FAA for the office of District Magistrate. The appellant stated that the property mentioned in RTI application is related in some way to the property of Sh. Shawas Ali and the appellant can file some documents in relation to the same.
View of CIC
The Commission observed that if on perusal of additional documents which the appellant has agreed to submit, the PIO finds that the said property is enemy property, then the PIO should provide a point wise reply to the RTI application.
Citation: Ms. Raesa Jahan v. Ministry of Home Affairs in Case No. CIC/SS/A/12/002177
RTI Citation : RTIFI/2013/CIC/1273
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