Central Information Commission
Mr.Rakesh Aggarwal vs Ministry Of External Affairs on 30 April, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/001166/18641
Complaint No. CIC/SG/C/2011/001166
Relevant Facts emerging from the Complaint:
Complainant : Mr. Rakesh Agarwal
C/o NyayaBhoomi
B-9 Vikram Nagar
Feroze Shah Kotla
New Delhi - 110002
Respondent : Mr. Manish Chauhan,
PIO & Director (RTI), Ministry of External Affairs, #2025, 'A' Wing, J.N. Bhawan, New Delhi-110011 RTI application filed on : 21/07/2011 PIO replied : 28/09/2011 Complaint received on : 26/09/2011 This application is with regards to the kidnapping of Indian citizens on Indian or foreign soil/waters.
1. Furnish copies of all documents that detail the policies and guidelines of the Government of India in cases of kidnapping and/or hijacking.
2. Names of the coordinating/nodal ministries that the families of victims should look to in cases of kidnapping/hijacking of persons/vessels/aircraft.
3. I would like to inspect absolutely every single piece of information available with you regarding the kidnapping and release of Ms. Rubaiya Sayeed, d/o Mr. Mufti Mohammad Sayeed, ex Minister of Home Affairs in the year 1989 or thereabout. The information should include access to all files and electronic and other data including that which relates to the release of persons in custody:
4. Furnish the following information in respect of the case of Ms. Rubaiya Sayeed:
a. The dates of kidnapping and release.
b The amount of random paid, if any.
c .conditions that the government fulfilled in order to seek her release. d. Name and designation of the highest authority which signed the papers authorising fulfilment of such conditions.
e. Names and designations of other authorities which signed the papers authorising fulfilment of such conditions.
f. Names of the persons released, if any, as pa of the conditions fulfilled, their tatus (if convicts, undertrial, etc.) and the charges against them.
5. I would like to inspect absolutely every single piece of information available with you regarding the hijacking of Indian Airlines flight IC 814 in 1999. The information should include access to all files and electronic and other data including that which relates to the release of persons in custody.
6. Furnish the following information in respect of the hijacking of IC 814 in 1999:
a. The dates of hijacking and release.Page 1 of 3
b. Number of passengers on board when hijacked. c. Names of persons who died on board.
d. The amount of random paid, if any.
e. Conditions that the government fulfilled in order to seek the release. f. Name and designation of the highest authority which signed the papers authorising fulfilment of such conditions.
g. Names and designations of other authorities which signed the papers authorising fulfilment of such conditions.
h. Names of the persons released, if any, as part of the conditions fulfilled, their status (if convicts, undertrial, etc.) and the charges against them. i. Method of fulfilling the conditions and the persons directly involved in fulfilling the conditions, including the name of the aircraft, the date, time and place of release of prisoners, etc. j. A timeline that shows minute by minute details of the events and developments as they unfolded at the aircraft and at the level of the government.
7. Provide the following information in respect of each case in which the Government of India has paid random or fulfilled other conditions for the release of persons/vessels/aircraft:
a. Name of the person/vessel/aircraft.
b. The dates of kidnapping/hijacking and release. c. Number of passengers on board when hijacked in case of vessel/aircra' d. Details of casualties with names. ..
e. The amount of random paid, if any.
f. Conditions that the government fulfilled in order to seek the release. g. Name and designation of the highest authority which signed the papers authorising fulfilment of such conditions.
h. Names and designations of other authorities which signed the papers authorising fulfilment of such conditions.
i. Names of the persons released, if any, as part of the conditions fulfilled, their status (if convicts, undertrial, etc.) and the charges against them.
8. Please inform if there is a document(s) of any nature that details the policy and action plan of the government in case of the kidnapping of or assault on the PresidentlPrime Minister of India or ex President/Prime Ministers on Indian or foreign territories.
9.. Please provide a copy of the above document(s).
PIO's Reply:
Point 5:
This Ministry has no records about initiatives taken by the Government during the hijacking of the Indian Airlines flight in December. 1999. Including terrorists freed and release of the passengers and aircraft. Point 6:
The following information is available with the Ministry; • Date of hijacking : 24/12/1999 • Date of release of the passengers 31 / 12/1999 • There were 189 passengers and crew members on board. • Mr. Rupin Katyal was killed by the hijackers.
Other points of the RTI application have already been transferred to Ministry of Home .Affairs vide our OM of even No. dated 26/07/2011 (copy enclosed).
Grounds for the Complaint:
The Respondents be directed to provide complete and comprehensive information free of cost in one batch immediately.Page 2 of 3
Decision:
The Commission had sent a notice to the Respondent on 29/09/2011 to explain the reasons for not providing the information. The PIO had replied on 19/10/2011 vide letter no. RTI/551/582/2011 that some of the information had been provided on 28/09/2011 and for the rest of the queries the application was transferred to Shri R.P Nath, Joint Secretary and Nodal Officer(RTI), Ministry of Home Affairs, North Block, New Delhi vide OM no. RTI/511/582/2001 dated 26 July, 2011. It appears that the information available with the Public Authority has been supplied by the PIO and the RTI application has been transferred to the PIO Ministry of Home Affairs to supply the balance information.
The Complaint is disposed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 30 April 2012 (In any correspondence on this decision, mention the complete decision number.) (PG) Page 3 of 3