Central Information Commission
Gurvinder Singh Chadha vs Ministry Of Home Affairs on 28 October, 2020
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/MHOME/A/2018/169298
Shri Gurvinder Singh Chadha ... अपीलकता/Appellant
VERSUS/बनाम
PIO ... ितवादीगण /Respondent
Ministry of Home Affairs
(Internal Security-I Division)
North Block, New Delhi-110001
Date of Hearing : 27.10.2020
Date of Decision : 28.10.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 25.06.2018
PIO replied on : 03.08.2018
First Appeal filed on : 16.08.2018
First Appellate Order on : 31.08.2018
2ndAppeal/complaint received on : 27.11.2018
Information soughtand background of the case:
The Appellant filed an RTI application dated 25.06.2018seeking certified copy of documents on following 3 points related to Operation Blue Star carried out in Amritsar in 1984:
1. उ से स बंिधत सभी द तावेजो क मािणत छाया ितयाँ दे|
2. उ ऑपरे शन के दोरान ज त साम ी, द तावेज, ऐतेहािसक साम ी क सूची तथा वतमान म कन थान पर संरि त है क जानकारी दे|
3. कु ल ऑपरे शन म घायल और मृतक का योरा सैिनक, दालु तथा अ य क जानकारी पृथक दे| The PIO and Director(IS.III) vide letter dated 03.08.2018 furnished the information as under:-
1. No Specific information /documents has been sought therein, no information could be provided.
2. About 4000 documents/ books/files and gold /gold ornaments, sliver/silver ornaments, precious stones currency, coins etc. were recovered by a Central Agency during the Operation Blue Star. The articles and documents handed over either to SGPC or to the Government of Punjab.Page 1 of 2
3. As per records available with this office, 493 terrorists/civilians and 83 Army officials were killed in Golden Temple area in June, 1984.
Dissatisfied due to receipt of incomplete information from the PIO, the Appellant filed a First Appeal dated 16.08.2018. The FAA, Joint Secretary vide letter dated 31.08.2018 upheld the reply of the PIO. Feeling aggrievedand dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing on being contacted on his telephone. While acknowledging the receipt of a reply from the CPIO/FAA, the Appellant stated that a satisfactory response was not yet provided on points 1 and 2 of his RTI application The Respondent is represented by Shri Srinivasu K, Dy Secretary, Law and Orderthrough audio conference. He stated that a point wise response in accordance with the provisions of the RTI Act, 2005 was provided to the Appellant. Furthermore, the FAA vide his order had also claimed exemption u/s 8 (1) (a) of the RTI Act, 2005 as the details sought pertained to confidential information, the disclosure of which could prejudicially affect the safety and security of the country.
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commissions observed that adequate and satisfactory information is provided by the CPIO. Moreover, in queries 1 and 2, the Appellant has sought vague, ambiguous and generic information which cannot be disclosed in terms of the provisions of the RTI Act, 2005. Hence, no further intervention of the Commission is warranted in the matter.
With the above observation, the instant Second Appeal stands disposed off accordingly.
Y. K. Sinha ( वाई. के . िस हा) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणतस ािपत ित) Ram Parkash Grover (राम काश ोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 2 of 2