Reasons for not giving National Security Clearance for setting up of port projects was denied u/s 8(1)(a) - PIO: project clearance in such matters has security implications & it is a practice to take opinion of IB, RAW and CBI - CIC: appeal rejected

O R D E R

RTI application

1. The appellant filed RTI application with the PIO on 1.10.2012 seeking information about not granting National Security Clearance (NSC) to five port projects. In all, information was sought on 5 points. The CPIO denied the information on 11.10.2012 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; read with section 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: of RTI Act 2005.

2. Not satisfied with the reply from the PIO, the appellant filed an appeal on 9.11.2012 with the first appellate authority (FAA). The FAA upheld the reply of CPIO on 15.2.2013. The appellant approached the Commission on 1.4.2013 in second appeal.

Hearing

3. The respondent participated in the hearing and stated that the appellant was seeking information through an RTI application dated 1.10.2012 in respect of the reasons why a certain entity had not been given clearance to the setting up of port projects. The respondent informed that the information was denied to the appellant on 11.10.2012 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; read with section 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: of the RTI Act 2005.

4. The respondents explained that such port projects, which include components such as container terminals, are sensitive in nature on account of national security considerations. It was explained that it is a practice to take the opinion of agencies such as IB, RAW, and CBI to get the fuller set of facts related to national security clearance.

5. The respondent explained that the scheme of the RTI Act also allows denial of information in situations where the second schedule of the RTI Act applies, in context of section 24 of the Act. The respondent further stated that project clearance in such matters has security implications which is covered by 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; of the RTI Act. The respondent further stated that the FAA’s orders of 15.2.2013 agree with the reply of CPIO dated 11.10.2012.

Decision

6. The decision of the FAA is upheld. No intervention of the Commission is required in the matter. The appeal is disposed of. Copy of the decision be given free of cost to both the parties.

(Vijai Sharma)

Information Commission

Citation: Shri Yogesh Dalal v. Ministry of Home Affairs in Decision No. CIC/SS/A/2013/001166/VS/05825