Central Information Commission
Mr. Subhash Chandra Agrawal vs Ministry Of Civil Aviation on 29 October, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/003768
October 29, 2013
Appellant : Shri Subhash Chandra Agrawal
Respondents : Bureau of Civil Aviation Security and
Ministry of Home Affairs
Date of Hearing : 29.10.2013
ORDER
This appeal earlier came up for hearing on 29.08.2013 when the Commission issued an interim order dated 29.08.2013 observing/directing as follows:
"8. During the hearing, Appellant states that presently he is only pressing for information sought in point Nos. 2 & 3 of his RTI application which reads as follows:
" 2. Copy of the said AVSEC order No. 06/2009 as referred in query (1) above together with complete and detailed information together with related documents/correspondence/file notings etc on drafting the said AVSEC order No. 06/2009.
CIC/SS/A/2012/003768 Page 1 of 7 2
3. Copy of filenotings/correspondence/documents etc on inclusion of private individuals His Holiness the Dalai Lama and Shri Rovert Vadhera (with his wife) in the list of those exempted from preembarkation securitychecks."
9. The Respondents--representing the Bureau of Civil Aviation Security-- inform the Commission that they are not concerned with the process of inclusion of names of private individuals in the list of persons, who are exempted from security check. According to them, this is done by the Ministry of Home Affairs, which sends the list to the Ministry of Civil Aviation, which, in turn, forwards the same to the Bureau of Civil Aviation Security for the purpose of issuing the Aviation Security (AVSEC) order.
10. The Appellant, on his part, states that denial of information by the Bureau of Civil Aviation Security and the Ministry of Home Affairs is not correct. It is his argument that when all those persons who are having Z+ security have to go through the security check, then how can the two persons (mentioned in his RTI application) be allowed to be exempted from security check. He also asserts that there cannot be any security threat to said persons since the security check is done by security agency only.
11. Having heard the arguments/submission above, the Commission is of the view that the Ministry of Home Affairs is also required to be heard in the matter. Therefore, the Commission hereby directs that the matter be adjourned for further hearing. Issue notices for hearing to all the parties including the CPIO (PP Division), Ministry of Home Affairs."
2. The appeal was accordingly listed for 29.10.2013 and was heard in the presence of the Appellant as well as the Respondents, who were represented by Shri K.C. Upadhyay, Dy. Commissioner of Security, Bureau of Civil Aviation; Shri Girish Kumar, Director (VS), Ministry of Home Affairs; Shri Pranab, Under Secretary, Ministry of Home Affairs and Shri Raja Srivastava, Addl. Commissioner, Bureau of Civil Aviation.
23. Shri Girish Kumar, Director (VS), (PP Division), Ministry of Home Affairs has also filed a written submission before the Commission on the issue. The operative portion of this written submission reads as follows:
"... As regard the substantive issues raised by the Appellant with reference to point No. (3) of the RTI application dated 30.07.2012, regarding the proposals for permitting exemption from pre embarkation security check in case of the two individuals referred to by the Appellant (His Holiness the Dalai Lama and Shri Robert Vadra), it is pointed out that these cases were examined by a High Level Committee in MHA, which has been constituted for review of security categorization of the protectees. Based on inputs from Central Security Agencies, it was recommended to Ministry of Civil Aviation that the above mentioned individuals may be exempted from preembarkation security checks.
It is further clarified that exemption in case of His Holiness the Dalai Lama was recommended, interalia, taking into account his status.
Further exemption in the case of Shri Robert Vadra was recommended only during his travels with SPG protectees. It may therefore be observed that exemption in case of Shri Robert Vadra had been recommended for ensuring security of the SPG protectee he is accompanying so as to ensure that the protectee has to spend minimum time at the airport and board the aircraft at the earliest in the interest of his/her security. Whenever Shri Robert Vadra travels alone, such exemption is not available to him and he has to pass through the normal security checks."
4. During the hearing, the Respondents reiterate their submissions which they have made in their written submission reproduced hereinabove.
5. On consideration of the submission above and on perusal of records, the Commission notes that factual information has been provided to the Appellant by CIC/SS/A/2012/003768 Page 3 of 7 4 the Respondents through their aforementioned written submission which satisfies the disclosure requirement with regard to the information sought by the Appellant at points Nos. 1 to 6 of his RTI application. As such, no further disclosure is warranted with regard to these points.
6. As for the information sought by the Appellant at point Nos. 7 to 11 which relates to a specific incident (mentioned in the RTI application) of towing away of an airbus, and the rules relating to the same, the Commission hereby directs the CPIO, Directorate General of Civil Aviation to provide factual information/reply, as available in records, to the Appellant on these points within 3 weeks of receipt of this order. A copy of RTI application be also sent to the CPIO, Directorate General of Civil Aviation for reference.
7. Appeal is disposed of with the above directions.
(Sushma Singh) Information Commissioner Authenticated by (D.C. Singh) Deputy Registrar 4 CIC/SS/A/2012/003768 Page 5 of 7 6 Address to the parties:
1. Shri Subhash Chandra Agrawal 1775 Kucha Lattushah Dariba, Chandni Chowk Delhi 110 006
2. The Central Public Information Officer (RTI) & Asstt. Commissioner (CA) Bureau of Civil Aviation Security QWing, Janpath Bhawan Janpath New Delhi 110001
3. The Appellate Authority (RTI) & Addl. Commissioner of Security Bureau of Civil Aviation Security QWing, Janpath Bhawan Janpath New Delhi 110001
4. The Central Public Information Officer (RTI) & Director (VS) Ministry of Home Affairs (PP Division) NDCCII Building, 3rd Floor Jaisingh Road New Delhi 110001
5. The Appellate Authority (RTI) & Joint Secretary (PP) Ministry of Home Affairs (PP Division) NDCCII Building, 3rd Floor Jaisingh Road New Delhi 110001 6
6. The Central Public Information Officer (RTI) (for compliance of para 6) Directorate General of Civil Aviation (DGCA) Technical Area Opposite Safdarjung Airport New Delhi CIC/SS/A/2012/003768 Page 7 of 7