Central Information Commission
Mr.Purohit Prasad Shrikant vs Ministry Of Defence on 19 February, 2013
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/A/2013/000291
Appellant : Lt. Col. Prasad Shrikan Purohit
Respondent : Indian Army
Date of hearing : 19.2.2013
Date of decision : 19.2.2013
FACTS
Heard today dated 19.2.2013. Appellant not present but he has spoken to me on telephone from Taluja Central Jail, Navi Mumbai where he is presently lodged. He is also represented by Adv. Neela Gokhale. The Army is represented by Maj. Paul Wellukallel of the Southern Command.
2. It is noticed that vide RTI application dated 28.7.2012, the appellant had sought the following information:-
"(c ) Description of Information Required.
(i) Is it true that the following letters having letters nos. as specified along with its dates as available in said File no.
IOG/LU/a of 1 Team 3Det SCLU?
S. No. File no. Date Particulars
aa 106/LU/G 05 Jun 07 Illegal Tfc of Amn
ab -do- 29 May MFO Activities
07
ac -do- 24 Jan 07 Kashmiri Settlements
ad -do- 24 Jun 07 Recovery of Explosives
ae -do- 24 Jan 07 SIMI Activities
af -do- 16 Jan 07 Likely SIMI Activities
Pune
ag -do- 10 Jan 07 SIMI (Pune)
ah -do- 08 Jan 07 Anti national Activities
BD Nationals, covering
spectrum of Activities
aj -do- 12 Feb Haj House
ak -do- 18 Oct 06 Changing trends in Islamic
Radicals (Malegaon Blast
Report 2006)
al -do- 30 Oct 06 Malegaon Blast
am -do- 03 Nov 06 ISI and SIMI Presentation
If yes, please provide photocopies of above mentioned letters (from Sr. No. (aa) to (am)
(ii) Is it true that a letter with regards activities of 'Dawood Ibrahim' was forwarded by IC SS224A Lt. Col. Prasad Shrikow in the capacity of 10 1 Team (then 'A' Team), 3 Del SCLU in the month of June or July 2005? Please provide the photocopy of the same.
(iii) Is it true that 1 Team (then 'A' Team_ 3 Del SCLU has maintained 'source card Register/ Note Book' having entries of sources / Informers, with regard their names and particular and photographs, who had been issued with source cards by the Team? Please provide photocopies of pages of the social register / No Book pertaining to period under ref.
(iv) Is it true that the following sources / Informers / indls were issued with the source specified against them?
Name S. No. Page No. (aa) Rakesh Dattatray Dhawade 10 13 (ab) Sudhakar Onkarnath Chaturvedi 11 13 (ac) Chetan Dhakan 12 (ad) Ganesh Patil 18 (ae) Somnath Gunjal 20 (af) Varsha Rakesh Dhawade 03 13 (v) Please provide details of sources / information as mentioned in the said register in tabular form."
3. The CPIO had responded to it vide letter dated 25.8.2012, denying the requested information u/s 8 (1) (h) of the RTI Act. The first appeal filed by the appellant was disposed of by the AA vide order dated 26.9.2012.
4. In the appeal memo filed before this Commission, the appellant has challenged the orders passed by the CPIO and AA on the ground that the information requested for by him is not classified as 'confidential' and, therefore, the public authority cannot take shelter of section 8 (1) (h) of the RTI Act. Adv. Gokhale submits that a chargesheet has already been filed against the appellant and some others in a criminal case investigated by Anti Terrorist Squad, Maharashtra, and, therefore, section 8 (1) (h) is not attracted. She also submits that the information requested for by the appellant relates to the period 2005 to 2008 during which no incident had taken place and, therefore, requested information has no bearing on the investigation or the on-going trial against the appellant.
4. The real question is whether section 8 (1) (h) is attracted in the facts of the present case.
5. As noted above, a chargesheet has been filed against the accused and some others but it is not known whether any further investigation under section 178 (3) of the Cr.PC is being carried out by ATS, Maharashtra. Further, the status of the case in the trial court is also not known to the above named officers. Exemption u/s 8 (1) (h) can be claimed only by the investigating agency and not by the Army Authorities. Hence, notice may be issued to the Head of the Anti Terrorist Squad, 1st Floor, Old Traffic Institute Building, Opposite Hume High School, Near Byculla Station, Sir J J Road, Nagpada- Mumbai Central, Mumbai - 400008, to depute a senior officer to appear before the Commission on 20th March, 2013 at 1140 hrs., alongwith the relevant records.
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) Dy. Registrar Address of parties
1. The Colonel & CPIO M/o Defence, RTI Cell HQ, Southern Command, Pune - 411001
2. Head of the Anti Terrorist Squad, st 1 Floor, Old Traffic Institute Building, Opposite Hume High School, Near Byculla Station, Sir J J Road, Nagpada-Mumbai Central, Mumbai - 400008
3. Lt. Col. Purohit Prasad Shrikant UT: BBC-4, Taloja Central Prison, Sec No. 35, Kharghar, Navi Mumbai - 410210