Central Information Commission
Mr.Anuradha Raman vs Ministry Of Home Affairs on 15 April, 2013
Central Information Commission
Room No. 305 B- Wing, August Kranti Bhawan,
Bhikaji Kama Place, New Delhi - 110066
Case No. CIC/SS/A/12/001643
Dated: 15.4.2013
Name of the Appellant: Ms Anuradha Raman (Present for the hearing)
Name of the Public Authority: Ministry of Home Affairs (IS Div.)
Represented by: Rakesh Singh (Joint Secretary,
Internal Security), Rakesh Mittal (Director, Internal
Security)
ORDER
1. The appellant filed an RTI application dated 11.1.2012 seeking inspection of all the correspondence and notings in relation to the ban on publication of books, magazines and periodicals from 1955-2012. The appellant also sought the inspection of files relating to correspondence between centre and states on a mutually convenient date.
2. The matter was heard before the Commission and an Interim order dated 27.11.2012 was issued wherein the Commission directed the appellant to be more specific with her request and to provide a list of requested books, magazines and periodicals about which the information is requested.
3. The matter is being heard on 14.2.2013 wherein the respondent has apprised the Commission that the appellant has intimated a list of eight books/publications to the respondent vide letter dated 6.11.2012 for which information has been sought.
4. Information regarding three books for which the information is available with the respondent has been provided to the appellant. However, the appellant seeks inspection of the relevant files from the respondent. The respondent has reiterated that the file notings/correspondence contains inputs from IB (Intelligence Bureau) which is an exempted organization under RTI Act, 2005.
5. During the hearing the respondent has invited the attention of the Commission towards section 95 of CrPC which is reproduced as below:
"95. Power to declare certain publications forfeited and to issue search warrants for the same.
(1) Where-
(a) any newspaper, or book, or
(b) any document, Wherever printed appears to the State Government to contain any matter the publication of which is punishable under section 124A or section 153 A or section 153B or section 292 or section 293 or section 295A of the Indian Penal Code (45 of 1860), the State Government may, by notification, stating the grounds of its opinion, declare every copy of the issue of the news paper containing such matter, and every copy of such book or other document to be forfeited to Government, and thereupon any police officer may seize the same wherever found in India and any, Magistrate may by warrant authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue or any such book or other document may be or may be reasonably suspected to be.
(2) In this section and in section 96, -
(a) "newspaper" and "book" have the same meaning as in the Press and Registration of Books Act, 1867 (25 of 1867):
(b) "document" includes any painting, drawing or photograph, or other visible representation.
(3) No order passed or action taken under this section shall be called in question in any court otherwise than in accordance with the provisions of section 96."
Besides this, the respondent has also invited attention towards section 11 of the Customs Act, 1962 and section 69A of the Information Technology Act, 2000 which also regulates upon the similar issue of circulation of books/publication etc.
6. In view of the submissions made above the Commission hereby directs the respondent to provide the copies of correspondence/ file notings to the appellant after applying section 10 to the information which is exempted under the provision of section 8(1) of the RTI Act, 2005. With respect to the remaining books/publications on which the information is not available with the respondent, it is open to the appellant to file fresh RTI application to the concerned state government or the concerned department who has issued the notification for regulating the circulation of books/publications.
The appeal is disposed off accordingly. Directions of the Commission are to be complied within 2 weeks from the receipt of the order.
Sushma Singh Information Commissioner Authenticated True Copy:
(DC Singh) Deputy Registrar Name & Address of Parties:
1. Appellant:
Ms. Anuradha Raman C/o Outlook, AB-2, Safdarjung Enclave, New Delhi - 29
2. Public Information Officer & Director (IS-1), Ministry of Home Affairs, North Block, New Delhi - 110001
3. First Appellate Authority & Joint Secretary (IS-1), Ministry of Home Affairs, North Block, New Delhi - 11000