Central Information Commission
Mrv Stanley Paulus vs Intelligence Bureau on 14 January, 2016
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi110067
Decision No. CIC/VS/A/2014/000819/SB
Dated 14.01.2016
Appellant : Shri V. Stanley Paulus,
A11, Shalom,
Tennis Club Enclave,
Jawahar Nagar, Kowdiar,
Trivandrum695 003.
Respondent : Central Public Information Officer,
Intelligence Bureau,
Ministry of Home Affairs,
Level5, East BlockI,
R.K. Puram, New Delhi110 066.
Date of Hearing : 14.01.2016
Relevant dates emerging from the appeal:
RTI application filed on : 31.12.2013
CPIO's reply : 30.01.2014
First Appeal filed on : 13.02.2014
FFA's order : 12.03.2014
Second Appeal filed on : 16.04.2014
ORDER
1. Shri V. Stanley Paulus filed an application dated 31.12.2013 under the Right to Information Act, 2005 (RTI Act) with the Central Public Information Officer (CPIO), FRRO, Intelligence Bureau (MHA), seeking information on seven points regarding penalty imposed on some airlines for violation of Visa regulations including (i) names of the Air Line penalized under Carriers Liability Act, 2000 for Rs.100,000/ from 1st January, 2012 to 31st December, 2013 by Immigration, Trivandrum Airport (ii) name of the Airlines penalized for bringing passengers with tourist Visa within two months gap of their previous travel and (iii) whether all the Airlines have been informed about the inclusion of Maldives along with unfriendly countries like Pakistan, Iraq, Somalia, Sudan etc., and that they have to have a two months gap during their travels to India for tourism/medical tourism as per the Visa manual.
2. The appellant filed second appeal before the Commission on 16.04.2014 on the ground that the CPIO denied the information on the plea that Intelligence Bureau is an exempted organization under Section 24(1) of the RTI Act, 2005 and that the FAA upheld the reply of the CPIO. The appellant requested the Commission to set aside the order of the FAA and direct the CPIO to provide the information sought by him.
Hearing:
3. The appellant Shri V. Stanley Paulus attended the hearing through video conferencing. The respondent Smt. Geeta Narendra, DCIO, Intelligence Bureau was present in person.
4. The appellant submitted that he had sought information from FRRO but the RTI application has been transferred to the Intelligence Bureau. The appellant further submitted that in case the information was not available with the respondent he should have transferred it under Section 6(3) of the RTI Act to the public authority who held the information sought.
5. The respondent submitted that FRRO is a part of the Bureau of Immigration which functions under the Intelligence Bureau. Hence, the FRRO, Delhi had rightly transferred the RTI application of the appellant to the Intelligence Bureau. The respondent further submitted that Intelligence Bureau has been declared an exempt organization under Section 24(1) read with Second Schedule of the RTI Act, 2005. Further, information sought by the appellant does not pertain to allegations of corruption and human rights violations. The provisions of the RTI Act are, therefore, not applicable in this matter. In view of this, information sought cannot be provided to the appellant. The appellant was informed accordingly vide letter dated 31.01.2014. Decision:
6. The Commission observes that FRRO is under the administrative control of the Intelligence Bureau which is an exempt organization under Section 24(1) read with Second Schedule of the RTI Act, 2005. The Commission, therefore, observes that in this case information has been sought from an organization to which the RTI Act does not apply as per Section 24(1) of the RTI Act. Further, the information sought does not pertain to allegations of corruption and human rights violations. Hence, the information cannot be provided to the appellant.
7. With the above observations, the appeal is disposed of.
8. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (V.K. Sharma) Designated Officer