CIC: Since the Cabinet Note was under implementation and the matter was closely connected with economic interest of the country, denial was justified - For not giving a revised reply despite CIC directions, the respondent cautioned

O R D E R

1. The instant matter was earlier heard by the Commission on 27.02.2020 and 28.04.2020. The Commission vide its interim decision dated 13.03.2020 has given the following observations/directions:

“The Commission notes that the respondent did not reach the Commission on time to attend the hearing and due to which hearing of case could not be concluded. Therefore, in the interest of justice, the parties are given a final opportunity to present their case before this Commission and the matter is adjourned. In the meantime, the respondent is directed to provide a revised reply/information to the appellant as per the provisions of the RTI Act”.

Further, the hearing on 28.04.2020 was adjourned due to non-presence of both the parties.

2. The instant matter is listed today for further hearing.

Hearing:

3. The appellant attended the hearing through video-call. The respondent, Shri Rajiv Ranjan Singh, CPIO attended the hearing through video-call.

4. The appellant submitted that the respondent has wrongly denied the information to him 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; 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. The appellant submitted that information should be provided to him.

5. The respondent submitted that there were two RTI applications dated 04.10.2017 received from the appellant. On the first RTI application, they have informed the appellant that the reply was being processed in hard copy. The respondent further submitted that on the same day, another application was received from the appellant wherein they have informed the appellant that the information sought by him 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; 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 because the action pursuant to the Cabinet Note was still under implementation and the matter was closely connected with economic interest of the country. The respondent further submitted that on responding the later application, it was observed that the points raised in first application are covered under the queries in the second application.

Decision:

6. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the matter was earlier heard by the Commission on 27.02.2020 and 28.04.2020, where a direction was given to the respondent vide order dated 13.03.2020 to give a revised reply to the appellant because on the said date of hearing i.e. 27.02.2020, the respondent did not reach the Commission on time to attend the hearing and due to which hearing of case could not be concluded. Therefore, in the interest of justice, the parties were given a final opportunity to present their case before this Commission and the matter is adjourned. In the meantime, the respondent was directed to provide a revised reply/information to the appellant as per the provisions of the RTI Act.

7. The Commission further observed that the respondent has informed that due to filing of two similar RTI applications by the appellant, the reply was given only in one RTI application, wherein they have informed that the information sought by the appellant 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; 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. Since, the respondent was not reached on the said date of hearing, therefore, the submissions of the respondent dated 11.11.2019 could not be taken into consideration and this is the reason a revised reply was asked to give to the appellant. The Commission further observed that the respondent has taken the same stand, during the hearing, that the information sought by the appellant 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; 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. In this connection, 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; 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 is extracted below:

“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”.

8. The Commission is of the view that the disclosure of the information would adversely impact the security and economic interests of the country. The Commission further observed that since the Cabinet Note was still under implementation and the matter was closely connected with economic interest of the country, the CPIO was justified in the stand taken by him.

9. The Commission further observed that even after the direction given by the Commission vide order dated 13.03.2020, a revised reply was not given to the appellant. In view of this, the Commission directs the respondent to be cautious in future and comply the Commission’s orders more vigilantly, otherwise punitive action should be taken in future.

10. No further intervention of the Commission is required in the matter.

11. With the above observations, the appeal is disposed of. 12. Copy of the decision be provided free of cost to the parties.

Neeraj Kumar Gupta

Information Commissioner

Citation: Jasdeepak Singh v. Ministry of Finance, Department of Economic Affairs, North Block in Second Appeal No. CIC/DOEAF/A/2018/107488, Date 06.07.2020