Central Information Commission
Mr. Subhash Chandra Agrawal vs Ministry Of Civil Aviation on 29 August, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/003768
August 29, 2013
Appellant : Shri Subhash Chandra Agrawal
Respondents : Bureau of Civil Aviation Security and
Ministry of Home Affairs
Date of Hearing : 29.08.2013
INTERIM ORDER
The present appeal, filed by Shri Subhash Chandra Agrawal against Bureau
of Civil Aviation Security and Ministry of Home Affairs (PP Division), was taken up
for hearing on 29.08.2013 when the Respondents--Bureau of Civil Aviation
Security were present through Shri M.T. Baig, CPIO and Shri R.N. Dhoke,
Appellate Authority. The Appellant was present in person.
Facts of the case:
2. The Appellant filed an RTI application dated 30.07.2012 before the CPIO, Airports Authority of India, New Delhi seeking following information:
CIC/SS/A/2012/003768 Page 1 of 8 2 "1. Is it true that some order AVSEC order No. 06/2009 was ever issued exempting also private individuals His Holiness the Dalai Lama and Shri Rovert Vadhera (with his wife) from preembarkation securitychecks apart from listed other authorities on post?
2. Copy of the said AVSEC order No. 06/2009 as referred in query (1) above together with complete and detailed information together with related documents/correspondence/file notings etc on drafting the said AVSEC order No. 06/2009.
3. Copy of filenotings/correspondence/documents etc on inclusion of private individuals His Holiness the Dalai Lama and Shri Rovert Vadhera (with his wife) in the list of those exempted from preembarkation securitychecks.
4. Is the said AVSEC order No. 06/2009 still in force as at present?
5. Are some more individual persons added to the list of those exempted from preembarkation securitychecks after issue of the said AVSEC order No. 06/2009?
6. If yes, please name the individual persons added to the list of those exempted from preembarkation securitychecks after issue of the said AVSEC order No. 06/2009 enclosing also copies of all orders in this regard issued after the said AVSEC order No. 06/2009 on the aspect of exempting preembarkation securitychecks.
7. Is it true that an Airbus had to be towed away bypassing norms for facilitating a testflight by Shri Rovert Vadhera as referred in enclosed newsreport?
8. If yes, please provide complete and detailed information together with related file notings/documents/correspondence etc on such outofnorms towing away of Airbus to facilitate an individual (Shri Rovert Vadhera)
9. Is it true that the then Union Civil Aviation Minister Shri Prafulla Patel was present at time of such outofnorms towing away of Airbus to facilitate an individual (Shr Rovert Vadhera)
10. Complete and detailed information together with related correspondence/documents/file notings etc on role, if any, of the then Union Civil Aviation Minister Shri Prafulla Patel on such outofnorms towing away of Airbus to facilitate an individual (Shri (Rover Vadhera).2
11. Any other related information."
3. The CPIO, Bureau of Civil Aviation Security vide his letter dated 28.08.2012 declined the disclosure of information in respect of point No. 2 to the Appellant citing exemption u/s 8(1)(a) of the RTI Act, while also providing pointwise reply to the Appellant in respect of point Nos. 1, 4, 5 & 6 of the RTI application. As for point No. 3, the CPIO informed that the information sought in this point pertains to Ministry of Home Affairs. As for the remaining points, the CPIO stated that information is more closely related to CPIO, DGCA, Technical Area, Opps. Safdarjung Airport, New Delhi, which is a separate public authority.
4. The Appellant, being aggrieved by the reply of the CPIO, filed an appeal dated 03.09.2012 before the Appellate Authority which the Appellate Authority decided vide his order dated 27.09.2012 upholding the CPIO's reply. The Appellate Authority also mentioned that the CPIO has already marked copy of his reply dated 28.08.2012 to the other CPIOs i.e. DGCA & MHA for giving reply to the Appellant directly.
5. The Appellant thereafter also received a reply dated 11.09.2012 from the CPIO, Ministry of Home Affairs which reads as follows:
"As regards proposals for exempting private individuals from preembarkation security checks, MHA may examine the matter in consultation with the Central Security Agencies for recommending the inclusion of the names of some individuals on security grounds to the Ministry of Civil Aviation. However, the details CIC/SS/A/2012/003768 Page 3 of 8 4 in this regard are exempted under Section 24(1) of the RTI Act2005 and, therefore, copies of the related documents cannot be provided to your."
6. The Appellant thereafter challenged the above reply of the CPIO, Ministry of Home Affairs before the Appellate Authority, Ministry of Home Affairs vide an appeal dated 19.09.2012. This appeal of the Appellant, however, according to his present appeal, had not been replied to by the Appellate Authority, Ministry of Home Affairs.
7. The Appellant then filed the present appeal before the Commission.
8. During the hearing, Appellant states that presently he is only pressing for information sought in point Nos. 2 & 3 of his RTI application which reads as follows:
" 2. Copy of the said AVSEC order No. 06/2009 as referred in query (1) above together with complete and detailed information together with related documents/correspondence/file notings etc on drafting the said AVSEC order No. 06/2009.
3. Copy of filenotings/correspondence/documents etc on inclusion of private individuals His Holiness the Dalai Lama and Shri Rovert Vadhera (with his wife) in the list of those exempted from preembarkation securitychecks."
9. The Respondents--representing the Bureau of Civil Aviation Security-- inform the Commission that they are not concerned with the process of inclusion of names of private individuals in the list of persons, who are exempted from security 4 check. According to them, this is done by the Ministry of Home Affairs, which sends the list to the Ministry of Civil Aviation, which, in turn, forwards the same to the Bureau of Civil Aviation Security for the purpose of issuing the Aviation Security (AVSEC) order.
10. The Appellant, on his part, states that denial of information by the Bureau of Civil Aviation Security and the Ministry of Home Affairs is not correct. It is his argument that when all those persons who are having Z+ security have to go through the security check, then how can the two persons (mentioned in his RTI application) be allowed to be exempted from security check. He also asserts that there cannot be any security threat to said persons since the security check is done by security agency only.
11. Having heard the arguments/submission above, the Commission is of the view that the Ministry of Home Affairs is also required to be heard in the matter. Therefore, the Commission hereby directs that the matter be adjourned for further hearing. Issue notices for hearing to all the parties including the CPIO (PP Division), Ministry of Home Affairs.
(Sushma Singh) Information Commissioner Authenticated by CIC/SS/A/2012/003768 Page 5 of 8 6 (D.C. Singh) Deputy Registrar 6 Address to the parties:
1. Shri Subhash Chandra Agrawal 1775 Kucha Lattushah Dariba, Chandni Chowk Delhi 110 006
2. The Central Public Information Officer (RTI) & Asstt. Commissioner (CA) Bureau of Civil Aviation Security QWing, Janpath Bhawan Janpath New Delhi 110001
3. The Appellate Authority (RTI) & Addl. Commissioner of Security Bureau of Civil Aviation Security QWing, Janpath Bhawan Janpath New Delhi 110001
4. The Central Public Information Officer (RTI) & Director (VS) Ministry of Home Affairs (PP Division) NDCCII Building, 3rd Floor Jaisingh Road New Delhi 110001
5. The Appellate Authority (RTI) & Joint Secretary (PP) Ministry of Home Affairs (PP Division) NDCCII Building, 3rd Floor CIC/SS/A/2012/003768 Page 7 of 8 8 Jaisingh Road New Delhi 110001 8