Central Information Commission
Mr.Gautam Navlakha vs Ministry Of Home Affairs on 21 October, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi-110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/002138
Dated: 21.10.2013
Name of the Appellant: Gautam Navlakha
Name of the Public Authority: Shashastra Seema Bal
Date of hearing: 29.8.2013
ORDER
1. The appellant is not present for the hearing. The respondent is being represented by David Lalrinsanga (DIG/P) & M.M Kandpal (Comdt/JAG).
2. The appellant filed an RTI application addressed to Ministry of Home Affairs dated 10.1.2012 seeking "cases where sanctions for prosecution under the Armed Forces (Jammu & Kashmir) Special Powers Act has been sought by the Government of Jammu & Kashmir to the Ministry of Home Affairs (MHA) from 1990-2011 be provided to us". The Ministry of Home Affairs transferred the RTI application to the CPIO of the concerned force vide letter dated 10.2.2012. On non receipt of any information the appellant filed first appeal dated "Nil" before the first appellate authority, Sashastra Seema Bal. The first appellate authority vide reply dated 13.4.2012 stated as under:
"2. In this context, it is intimated that, your RTI application dated 10.1.2012 forwarded by Sh. Neeraj Kansal, Director & CPIO, MHA vide OM No. 1/4520/9/2011-Pers-II dated 10.2.2012 has not been received by this office. Further, under section-24 of the RTI Act. SSB is exempted under the provisions of the RTI Act, except on allegation pertaining to corruption and human rights violation."
3. The appellant has filed second appeal mainly on the ground that "It is submitted that in Jammu and Kashmir would have sought sanction for prosecution under AFSPA, particularly in cases invloving allegations of human rights violations, against SSB personnel. Therefore, the information requested in my RTI application must be provided. Alternatively, the SSB must specifically clarify that no requests for sanction for prosecution under AFSPA had been sought by the Government of Jammu & Kashmir, particularly in cases invloving allegations of human rights violations, against SSB personnel, between 1990 and 2011."
4. However, the responent have filed their written submissions wherein it is stated as under:
" In this regard, it is intimated that during the period between 1990-2011, no sanction for prosecution under the Armed Forces (J&K) Special Powers Act (AFSPA) sought by the Jammu & Kashmir Govt. from SSB, particularly invloving allegations human rights violations, as no power under AFSPA has been given to SSB. Here it is pertinent to mention that prior to 2001, when the administrative control of SSB was shifted from Cabinet Secretariat to MHA, it was performing the duties comprising civic action work and intelligence oriented functions, whereas, subsequent to 2001, the SSB has been detailed all along the Indo-Nepal and Indo-Bhutan Borders as Border Guarding Force after withdrawing from various states of India including J & K. As such, the SSB has never performed any duty in J & K as a force, which could have occassioned any situation wherein such prosecution sanction was warranted under AFSPA by J & K Govt from SSB."
5. In view of the submissions made above and as stated by the respondent that no power under AFSPA has been given to SSB, the Commission is of the view that the applicability of section 24 of the RTI Act will hold good as the subject mattter on which information sought by the appellant does not concern the respondent.
The appeal is dispossed off accordingly.
Sushma Singh Information Commissioner D.C Singh (Dy. Registrar)
1. Appellant Mr. Gautam Navlakha A-5, Greater Kailash -1, New Delhi - 110048
3. Public Information Officer & Dy. I.G (Pers.), Director general, Sashastra Seema Bal, East Block, R.K Puram, New Delhi - 110066
4. First Appellate Authority & Inspector General (Pers.), Director general, Sashastra Seema Bal, East Block, R.K Puram, New Delhi - 110066