Central Information Commission
Prof.M.Varaprasada Rao vs Bsnl, Bangalore on 5 May, 2009
Central Information Commission
CIC/AD/A/09/00373
Dated May 5, 2009
Name of the Applicant : Prof.M.Varaprasada Rao
Name of the Public Authority : BSNL, Bangalore
Background
1. The Applicant filed an RTI application dt.20.11.08 with the CPIO, BSNL, Bangalore. He stated that HAL Vigilance Officers visited office of SP, CBI ACB, Bangalore on 18.10.04 and subsequently SP, CBI, ACB registered FIR RC- 15(A)/2004/BLR dt.26.10.04 and conducted trap proceedings at his residence. Prior to that official instruction is known to have communicated to BSNL to tap & monitor inward & outward calls from the phone. In this context, he requested for the following information:
i) Was there any tapping on his telephone 080-25249068 during the period of Oct.2004.
ii) If so, who has issued the Orders/Authority to tap the telephone line.
iii) Date on which instruction received from HAL or any of the agencies/organizations including HAL to tap the telephone line referred above.
iv) Copy of the order/letter/request from such authority.
The CPIO replied on 16.12.08 stating that information sought cannot be divulged as it would affect National Security and also the investigation by the concerned agency and is exempted from disclosure u/s 8(1)(g) and 8(1)(h). Not satisfied with this reply, the Applicant filed an appeal dt.24.12.08 with the Appellate Authority reiterating his request for the information. The Appellate Authority replied on 15.1.09 upholding the decision of the CPIO and denying the information under section 8(i) (h). Aggrieved with this reply, the Applicant filed a second appeal dt.27.2.09 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for May 5, 2009.
3. Mr. Baburaj P, DGM (Vig.), BSNL, Karnataka represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Appellant stated that his telephone was tapped in October, 2004 in connection with a trap case. According to him the investigation is over and he has been charge sheeted. He is unable to understand why the information has been denied under Section 8(1)(h). He added that at this point of time the departmental proceedings too are over and he has been dismissed from service. The Respondent submitted that information regarding the tapping of the Appellant's telephone could not be given because as per Section 19 of the Gazette of India Notification of 1.3.07, , "the service providers shall destroy records pertaining to directions for interception of message within two months of discontinuance of the interception of such messages and in doing so they shall maintain extreme secrecy". He admitted that information was denied while invoking the wrong exemptions of8(1)g and 8(1)h of the RTI Act.
6. Perusal of information revealed that denial of information under Section 8(i)(h) is not valid since the investigation is over and the Appellant has been charge sheeted. Denial under Section 8(i)(g) too is not valid since no information or assistance has been given in confidence for law enforcement and security purposes by anyone. Under such circumstances, the Commission is of the opinion that the information sought is not exempt under any of the clauses under Section 8(1). However, the information could not be provided as per the Section 19 of the Gazette of India Notification of 1.3.07. Accordingly, the Commission directs the CPIO to provide an Affidavit signed by the Appellate Authority giving the reasons for non availability of the information regarding the tapping of the telephone, with reference to the Gazette Notification, by 10th June, 2009.
6. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Asst. Registrar Cc:
1. Prof.M.Varaprasada Rao H.No.2-22-22, MIG II 97 Sector VI, MVP Colony Visakhapatnam 530 017
2. Mr.R.Chandramouli The CPIO & G.M.(A) Bharat Sanchar Nigam Limited O/o CGM Telecom Karnataka Circle No.1, S.V.Road Halasuru Bangalore 560 008
3. Mr.P.Raghavan The Appellate Authority & CGM Telecom Bharat Sanchar Nigam Limited O/o CGM Telecom Karnataka Circle No.1, S.V.Road Halasuru Bangalore 560 008
4. Officer in charge, NIC
5. Press E Group, CIC