Central Information Commission
Harish Kristapati vs Ministry Of Home Affairs on 7 November, 2019
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/MHOME/A/2018/623783
Harish Kristapati ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, Bureau of Immigration, ...प्रनतवािीगण /Respondent
Ministry of Home Affairs, New
Delhi
Relevant dates emerging from the appeal:
RTI : 09.02.2018 FA : 01.05.2018 SA : N/A
CPIO : 06.06.2018 FAO : N/A Hearing : 01.11.2019
ORDER
1. The appellant filed an online application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Ministry of Home Affairs seeking information on five points pertaining to the visit of some foreign nationals in India including, inter-alia, (i) action taken on the complaints filed regarding the visit of one Ms. Anne Graham Lotz in India, the number of times visited, the type of visa, purpose and place of visit, (ii) details of visit of Pastor Page 1 of 4 Colonel and other Pastors, and (iii) action taken by MHA to prevent conversion activities, etc.
2. The appellant filed a second appeal before the Commission on the grounds that insufficient and false information has been provided to him. The appellant requested the Commission to take appropriate action against the CPIO.
Hearing:
3. The appellant, Shri Harish Kritapati attended the hearing through video conferencing and the respondent, Shri Harminder Singh, DCIO, Bureau of Immigration, Ministry of Home Affairs attended the hearing in person.
4. The appellant submitted that no reply in response to his RTI application has been received by him within stipulated time period. However, after filing the first appeal he had received a reply dated 06.06.2018 from the MHA stating that no complaint has been received in Foreigners Division, MHA about the visit of Ms. Anne Graham Lotz. He was also informed that his RTI application was forwarded to the Bureau of Immigration under Section 6(3) of the RTI Act. The appellant contended that information furnished was incorrect as several complaints have been filed with various divisions of MHA regarding visa violation by Ms. Anne Graham Lotz. The appellant submitted that one Shri A.S. Santosh and C.H. Kalyan Kumar vide letter dated 22.05.2018 submitted a complaint to the Joint Secretary (Foreigners Division) as well as Director (Foreigners Division), MHA of visa violation and conversion activities by Foreign evangelists in India. The complaint against Ms. Anne Graham Lotz was also filed vide letter dated 29.12.2017 which was also endorsed to the Director (Foreigners Division), MHA, New Delhi. The appellant Page 2 of 4 further submitted that he had sought information from the CPIO, Foreigners Division, MHA. Further, the first appeal was also filed against MHA. The appellant contended that the RTI application was wrongly transferred to the Bureau of Immigration as he had sought information from the CPIO, Foreigners Division, MHA. In view of this, he requested that the matter be adjourned and the CPIO, Foreigners Division, MHA be directed to appear on the next date of hearing.
Interim Decision:
5. The Commission considered the request of the appellant and adjourns the matter to 02.12.2019 at 12.10 PM. The Commission directs the Registry of this Bench to issue a fresh Notice for Hearing to the parties concerned including the CPIO, Foreigners Division, MHA.
6. Copy of the interim decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 01.11.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Page 3 of 4 Addresses of the parties:
1. The First Appellate Authority (FAA) Bureau of Immigration (Ministry of Home Affairs), East Block - VIII, Level - V, Sector - 1, R.K.Puram, New Delhi - 110066
2. The Central Public Information Officer (CPIO) Bureau of Immigration (Ministry of Home Affairs), East Block - VIII, Level - V, Sector - 1, R.K.Puram, New Delhi - 110066
3. Harish Kristapati Page 4 of 4