Central Information Commission
Mr.Jitendra Garg vs Ministry Of Defence on 25 October, 2011
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2011/002266
Appellant : Shri Jitendra Garg
Respondent : Indian Navy
Date of hearing : 25.10.2011
Date of Decision : 25.10.2011
FACTS :
Heard today dated 25.10.2011. Appellant not present. The Navy is represented by Capt S.K. Gupta. He is heard and the records perused.
2. It is noticed that vide RTI application dated 28.3.2009, the appellant had sought the following information :-
"(i) Can civilians including retired Defense officers not subject to Naval Law be legally prosecuted for Acts of Penalty of Spying (Espionage) under the Navy Act 1957 by the Indian Navy during peace time along alongwith serving Naval Officers who have conspired with them;
(ii) Please provide the extract of the relevant article of law in the Navy Act 1957 which allows the above;
(iii) Are there any other crimes other than Espionage for which civilians including retired Defense officers not subject to Naval Law be legally prosecuted under the Navy Act 1957 along with serving Naval Officers who may have conspired with them during PEACE TIME.
If yes please state the same and provide us the extract of the relevant article of law in the Navy Act 1957 which allows it;
(iv) Who appoints the Military Courts for conducting such trials of both civilians and serving service officers for the same crime during Peace Time;
(v) What is the maximum and minimum punishment for Penalty of Spying (Espionage) for such civilians as well as serving officers under the Navy Act 1957 during WAR."
3. This was responded to by the CPIO vide letter dated 24.4.2009 wherein no information was supplied to the appellant on the ground that he (appellant) was seeking interpretation of various provisions of the Nave Act 1957. Paras 02 and 03 of the CPIO's letter are extracted below :-
"2. On perusal of your application ibid it is seen that nature of questions asked by you are in the form of interpretation of various provisions of the Navy Act, 1957. In accordance with the provisions of the RTI Act, information which is held in material form can only be provided subject to exemption as provided for under Sec 8 (1) of the Act.
3. The queries made by you, therefore, does not fall under the ambit of the RTI Act."
4. In the appeal memo filed before this Commission, the appellant has contended that identical information was sought by Adv Gourav Chandhok and the CPIO had provided para-wise information to him; whereas in his case information was completely denied.
5. I have seen the response of the CPIO to the RTI application of Adv Chandhok and find that the latter was supplied para-wise information. On the other hand, the appellant herein was denied this information even though the queries raised by him are almost identical. In the premises, I uphold the contention of the appellant the he has been wrongly denied information by the CPIO.
6. In the premises, the CPIO is hereby directed to revisit the matter and provide para-wise information to the appellant in 04 weeks time, free of cost.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Deputy Registrar Address of parties :-
1. Capt S.K. Gupta IHQ of MoD (Navy), C-Wing, Sena Bhawan, New Delhi-110011
2. Shri Jitender Garg C/o Jitendra Garg & Associates, Lawyers Chambers, 137, Patiala House Courts, New Delhi-110011