Central Information Commission
Mr. Ashwini Sharma vs Intelligence Bureau on 6 July, 2010
CENTRAL INFORMATION COMMISSION
Complaint No.- CIC/WB/C/2009/000327 dated: 17.06.'09
Right to Information Act- Section 18 (1)
Complainant: Shri Ashwani Sharma
Respondent: Intelligence Bureau (IB)
Decision announced 6.7.'10
Facts:-
By an application dated 25.02.2009 Shri Ashwani Sharma of Chirag Enclave, New Delhi sought information from the Central Public Information Officer, FRRO, New Delhi arising from information received from the National Commission for Women (NCW). The information sought from FRRO related to an incident at the IGI Airport, Delhi on 08.04.2008 in which complainant's son Shri Vikram Sharma was not permitted to depart to Dubai and was allegedly humiliated by the immigration authorities by being made to stand in solitary confinement in a toilet and his passport stamped with the comment: "Offloaded- Deported due to criminal complaint", together with information arising from on a letter dated 31.03.2008 issued to DCP, FRRO by National Commission for Women in connection to opening LOC for Vikram Sharma in respect of a complaint filed by the complainant and other related information On receiving no response, the complainant filed another application under RTI on 13.05.2009. In response to the second application, the CPIO Arvind Deep, Deputy Director, IB, New Delhi by a letter dated 28.05.2009 refused the information under Section 24(1) of Right to Information Act, 2005. Hence complainant Shri Ashwani Sharma, being aggrieved, has moved the present complaint before us.
Decision Notice The Intelligence Bureau (IB) is indeed an organization listed at S. No. 1 in the Second Schedule of Right to Information Act, 2005 as dealing with security and intelligence, and therefore not covered by the Act except for information pertaining to allegation of corruption or violation of human rights. The information sought by the complainant Shri Sharma has made no such allegation, except in 1 the complaint before us. The information sought by the appellant concerns the procedure followed in disallowing his son to leave, the issue of opening LOC for his son and other related information and thus is general information related to administrative procedure for which remedy does not lie in the RTI Act 2005.. Hence, in light of Sec 24(1) the application does not lie under the ambit of RTI Act. Accordingly the present complaint is hereby dismissed.
Announced this sixth day of June, 2010 in open chambers. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner) 06.07.2010 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.
(PK Shreyaskar) Jt. Registrar 06.07.2010 2