Central Information Commission
Mr.Kulmani Gautam vs Ministry Of Defence on 10 March, 2011
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-
110066
File No.CIC/LS/A/2010/001491
Appellant: Kulmani Gautam
Respondent: Indian Army
Date of hearing: 10.3.2011
Date of decision: 10.3.2011
FACTS
The matter is heard today dated 10.3.2011. Appellant present. The Army is represented by Major Abhishek Bhardwaj (APIO), Delhi HQ.
2. It appears that the appellant, alongwith some others was involved in an espionage case and after conviction by the General Court Marshal, is undergoing a jail term. From para 09 of the RTI application dated 21st May 2010, it appears that certain other Army personnel were also subjected to GCM by the competent authority. In this context, the appellant had sought the following information:-
"(a) When the GCM started and when completed and if not completed when it will complete.
(b) If they are in Army Custody, provide the details about their confinements.
(c ) If released from Army Custody without finalizing the GCM, provide the certified copies of the orders.
(d) If GCM has completed, provide the copy of final order alongwith he order on sentence.
(e) If proceedings of GCM are pending, provide the name of members, judges and advocates before whom the GCM is pending."
3. I have heard Major Bhardwaj and also perused the record. Denial of information on the above paras is not justified as the fate of the appellant is inextricably linked with the other alleged conspirators. In the premises, the following order is passed:-
o Para (a): Information may be provided.
o Para (b): If they are in Army custody, this may be disclosed. However, location of their confinement need not to be disclosed. o Para (c ): Information need not be provided.
o Para (d): If GCM has been completed, the copies of the final orders may be provided to the appellant, as the appellant cannot be treated as a third party in the matter;
o Para (e): This information need not to be provided.
4. Ordered accordingly. This order may be complied with in 06 weeks time.
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) Deputy Registrar Address of parties :-
1. The Lt. Col. & CPIO HQ Delhi Area (RTI Cell), Delhi Cantt-110010
2. Shri Kulmani Gautam Central Jail No. 2, Ward No. 4/21, Tihar, New Delhi-110064