Central Information Commission
Dr.Sadachari Singh Tomar vs Ministry Of Home Affairs on 25 March, 2011
Central Information Commission
2nd Floor, Room No. 305 B-Wing,
August Kranti Bhawan
Bhikaji Kama Place
New Delhi
Case No. CIC/SS/A/2010/001193
Name of Appellant : Dr. Sadachari Singh Tomar
(The Appellant was present)
Name of Respondent : M/o Home Affairs (PM Division), Mansingh Road
(Represented by Sh. Lokesh Jha, Jt.
Sec. (PP) and Sh. N. I. Chowdhary,
DS(VS))
The matter was heard on : 23.03.2011
ORDER
Dr. Sadachari Singh Tomar, the Appellant, filed an RTI application dated 27.02.2010 seeking information regarding security arrangements for Swami Ramdev, and matters connected therewith. The PIO vide letter dated 10.05.2010 informed the Appellant that information on points 1 to 10 cannot be provided to the Appellant, as these are exempted under Section 8(1)(j) of the RTI Act. and with regard to point number 11, the Appellant was informed that his representation dated 26.02.2010, has already been forwarded to the Govt. of Uttrakhand, for appropriate action as under the Constitution of India, 'Law & Order' is a State subject, hence it is the responsibility of the concerned state / Union Territory Govt. to provide adequate security to the individuals within their area of jurisdiction. Not satisfied with the reply the Appellant filed an appeal before the First Appellate Authority (FAA). Finally, not getting information to his satisfaction even after filing first appeal, the Appellant has filed the present appeal before the Commission.
The Appellant during the hearing submits that complete information has not been provided to him. The Respondent, on the other hand, in a written submission submits as follows: "Query raised by the applicant: supply of documents and Permission to Inspect the relevant file(s) in respect of Security Arrangements for Swami Ramdev.
Reply : On the following grounds, supply of documents and inspection of the relevant file cannot be permitted to the applicant:
(i) The relevant file (Security arrangements for Swami Ramdev) in which his representation dated 26.02.2010 was examined contains inputs received from Central Security Agencies disclosure of which is exempted under section 24(1) of the RTI Act2005.
(ii) Information, the disclosure of which should endanger the life of physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes is exempted under Section 8(1)(g) of the RTI Act2005.
(iii) Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which cause unwarranted invasion of the privacy of the individuals is exempted from disclosure under section 8(1)(j) of the RTI Act2005.
(iv) Meanwhile State government of Uttarakhand vide its wireless message dated 27th January 2011 has informed all concerned including MHA that Z category Security has been provided to Swami Ramdev by State Govt. of Uttarakhand."
After hearing the parties and on perusal of the relevant documents on file, and having regard to the facts and circumstances of this case, the Commission deems it fit to direct the CPIO to provide a copy of letter received from the State Govt. of Uttarakhand, vide its wireless message dated 27.01.2011 informing all concerned, including M/o Home Affairs, that Z category security has been provided to Swami Ramdev by the State Govt., within 7 days of receipt of this order, The Commission finds no reason to interfere in respect of replies to other points of the Respondents.
With the aforementioned observations / directions the matter is disposed of on the part of the Commission.
(Sushma Singh) Information Commissioner 25.03.2011 Authenticated true copy (S. Padmanabha) Under Secretary & Dy. Registrar Copy to:
1. Dr. Sadachari Singh Tomar C-101, NASC Residential Complex Pusa, New Delhi-110012
2. The Public Information Officer Director (VS) Govt. of India M/o Home Affairs (PM Division) Jaisalmer House
26 Mansingh Road New Delhi-110011
3. The Appellate Authority Jt. Secretary (PP) M/o Home Affairs (PM Division) 9th Floor, C-Wing Lok Nayak Bhawan Khan Market New Delhi-110003