Central Information Commission
Ex. Sqn. Ldr. Vijay Prakash vs Indian Air Force on 24 February, 2010
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/SM/A/2009/000545/LS
Dated : 24.2.2010
The Commission had heard the above cited matter on 19.10.2009. The
proceedings of the day are reproduced below :-
"Appellant : Ex. Sqn. Ldr. Vijay Prakash
Public Authority : Indian Air Force
(through Wg Cdr T. Sajjan; Wg Cdr R.
Mohanty & Wg Cdr K.K. Sharma)
Date of Hearing : 19.10.2009
Date of Decision : 19.10.2009
FACTS :
By his RTI application dated 14.10.2008, the appellant had sought information on 07 paras relating to the air accidents ever since 1990 of all types viz. Fighter, Transport and Helicopters, of the Indian Air force; the causes thereof as established in the Court of Inquiry and the remedial action taken by the competent authority and the matters related therewith.
2. The CPIO had refused to disclose this information vide letter dated 25.10.2008. The Appellate Authority had affirmed the decision of the CPIO.
3. The present appeal is directed against the orders of the CPIO/AA.
4. Heard on 19.10.2009. Appellant not present. The public authority is represented by the officers named above. Wg. Cdr. Sajjan produces the comments dated 16.10.2009 of Shri J.N. Verma, Air Marshall (AA) which is taken on record. He would forcefully plead that information sought by the appellant is sensitive in nature and can not be disclosed in terms of clauses (a) &
(j) of section 8 (1) of the RTI Act. The appellant, however, is not before the Commission to contest this claim.
INTERIM DECISION
5. In view of the above, the matter is adjourned to 9.11.2009 at 11.30 hrs. A fresh notice may be issued to the appellant to appear before the Commission and have his say in the matter, if so advised. Wg Cdr T. Sajjan is hereby directed to produce information in regard to para (1) of the RTI application before the Commission for perusal to determine whether clauses (a) & (j) of section 8 (1) apply to it or not.
Sd/-
(M.L. Sharma) Central Information Commissioner"
2. As scheduled, the matter was further heard on 9.11.2009. The proceedings of the day are reproduced below :-
"This is in continuation of this Commission's Interim Decision dated 19.10.2009. As scheduled, the matter is called for hearing today dated 9.11.2009. Appellant present. The following represent the Indian Air Force :-
(i) Wg Cdr T. Sajan;
(ii) Wg Cdr K.K. Sharma
(iii) Wg Cdr S. Bhattacharjee
(iv) Flt. Lt. D. Pankaj
2. Wg Cdr Sajan produces a sealed envelope containing information about the accidents of Air Force Air Crafts which have occurred since 1990. The document is perused and returned to Wg Cdr Sajan. Wg Cdr Sajan would submit that this information can not be disclosed to the appellant in supreme national interest and is exempted from disclosure under clause (a) of section 8 (1) of RTI Act. He would also submit that the Air Force essentially is a mission centric organisation where safety aspect is also paid adequate attention. According to him, the accidents basically take place due to 03 causes viz. (i) technical defects, (ii) human error & inadequacy/failure of support services. As regards the technical defects, he would submit that if the information regarding accidents due to technical defects is placed in public domain, the national security will be jeoparadised. Human error occurs due to the personal traits of the Pilots; training deficiencies, if any, and the violation of SOP etc. The Court of Inquiry contains all this information but disclosure thereof would, again, jeoparadise national security. The same would hold good for the deficiency in support services whether it is ATC or Fighter Controllers etc. He, thus, forcefully pleads that information regarding IAF Aircraft accidents should not be disclosed in the interest of national security.
3. On the other hand, the appellant would plead that due to high accident rate in the Indian Air Force, lives of a large number of budding pilots have been lost, besides causing loss to the national resources and lives of civilians. He would also submit that the presumption that the findings of COIs are correct can not be taken on its face value. He would also submit that it is not his intention to jeoparadise national security but to expose the deficiencies in the system so that such accidents do not recur in future and if at all, it happens, remedial action is taken at appropriate levels. It is also his plea that a system should be put in place whereby the superior echelons of the IAF are held accountable for their acts of omission and commission. He would also suggest that COIs are not always conducted fairly and, therefore, civilian element should be introduced into the COIs for greater transparency.
4. When queried whether information regarding paras 02 and 06 of the RIT application can be disclosed, Wg Cdr Sajan would request for a short adjournment for consultations and formulating his opinion.
INTERIM DECISION
5. The matter is adjourned to 7.12.2009 at 1230 hrs. Sd/-
(M.L. Sharma) Central Information Commissioner"
3. However, keeping in view the sensitivity of the matter, the Commission decided to solicit the views of the Ministry of Defence. Hence, letter dated 8.12.2009 was addressed to the Defence Secretary accordingly. The query raised in the Commission's letter was whether any information regarding the accidents of the IAF Air Crafts had been tabled in the Parliament by the Central Government. The MoD responded to it vide letter dated 28.1.2010. Para 02 of the said letter is extracted below :-
"2. Comments of this Ministry on Paras 1, 2 & 3 of the RTI application dated 14.10.2008 filed by Ex Sqn Ldr Vijay Prakash are as follows :-
Para 1 :- While information in respect of date and time of Aircraft involved in accidents have been mentioned in reply to Parliament questions, the details of such accidents are not shared. Only the broad category of the cause of accidents namely, Human Error (Aircrew), Technical Defect, Bird Hit etc. is divulged. Copies of replies given in respect of Parliament Questions recently are enclosed. Each aircraft accident in the IAF is investigated thoroughly by a Court of Inquiry. The Court of Inquiry studies the accident threadbare, identifies the cause and recommends remedial/corrective measures. The findings of the Court of Inquiry indicate weak areas/shortcomings and remedial actions. The proceedings also contain an account of up-gradation/revision of equipment/procedures which is a reflection of operational potential preparedness and morale in the IAF. Therefore, providing details of such accidents would lead to divulging critical information which would be detrimental to the national security. In view of the above, it is opined that although such information as date of accident, make of the aircraft etc can be disclosed, however, details regarding Court of Inquiry should not be revealed.
Paras 2 & 3 :- A Court of Inquiry into an aircraft accident of the IAF is conducted as per the provision of the Rules and Regulations fo the Air Force. A Court of Inquiry is conducted meticulously and is scrutinized at various levels. Punishment is awarded to the guilty/defaulter and corrective/remedial measures instituted to prevent recurrence of similar accidents as per the recommendations made by the Court of Inquiry. The kind and nature of departmental action is decided in accordance with the degree of culpability/negligence of the erring individual, as established in the Court of inquiry proceedings. Disclosure of the names of the guilty/defaulting personnel and subsequent effect on their career as a result of the accident has no relationship to any public activity or interest and would also amount to unwarranted invasion of the privacy of the concerned individuals and would adversely affect the morale of such individuals. It serves no larger public interest. Therefore, the information asked may be denied under provisions of section 8 (1) (j) of the RTI Act, 2005."
DECISION
4. As noted above, we have heard the appellant and also the officers of the Indian Air Force. The views of MoD have been extracted above. Needless to say, the matter is highly sensitive in nature and impinges on the security of the country. Any adventurism or cavalier approach in this regard would be counter productive. It needs to be emphasized that the security scenario in our neighborhood is hostile and is deteriorating by the day. It does not need much wisdom and sagacity to realise that disclosure of requested information in its entirety may enable the hostile forces to assess the air potential of the IAF which would not be in best interest of the country.. Needless to say, the Ministry of Defence is the watch dog of the security scenario in an around our country. What would prejudicially affect the sovereignty and integrity of India and its security and strategic interests is best left to MoD's appreciation. It would not be proper for the Commission to substitute its own judgment for that of MoD in such a sensitive matter.
5. In view of the above, the Commission directs the CPIO to provide that much information regarding Air Craft/Helicopter accidents as was tabled in the Parliament by the Defence Minister on 13.7.2009, 9.12.2009 and 2.12.2009.
6. The order of the Commission may be complied with in 03 weeks time.
Order reserved and pronounced on 24th February, 2010.
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) Assistant Registrar Address of parties :-
1. Wg Cdr T Sajan CPIO, Room No 160, Air Hq, Vayu Bhawan, Rafi Marg, New Delhi-110106
2. Ex Sqn Ldr Vijay Prakash C/o Shri R.D. Sharma, Shivhare Colony, Near Park, Meera Nagar, Morar, Gwalior-474006