Central Information Commission
Mr.Mohd Shariff Shabbir Ahamed vs Ministry Of Home Affairs on 26 June, 2013
Central Information Commission
Room No. 305 B- Wing, August Kranti Bhawan,
Bhikaji Kama Place, New Delhi - 110066
Case No. CIC/SS/A/2010/000459
Dated:26. 6 .2013
Name of the Appellant: M.S Shabbir Ahmed (heard via video conference)
Name of the Public Authority: Ministry of Home Affairs, New Delhi
Represented by: Rakesh Singh (Joint Secretary),
Ramesh Kr Suman (Director), Amar Chand (U.S,
MHA), Anoop Yadav DIA, JL Chugh (JH), M.K
Bansal (S.O)
Date of hearing: 19.3.2013
ORDER
1. The appellant filed an RTI application dated 9.11.2009 addressed to the CPIO, MHA on seven points. The appellant sought information on the points being reproduced below:
"a) Proposal copy submitted by city chawk police station, Aurangabad, Maharashtra (Govt) to obtain sanction orders u/s 45 (i), 45 (ii) of Unlawful Activity Prevention Act in case no. Part II 3071/2001 for sections 10, 13 of UAPA and copy of sanction order given by Central Govt or authorised officer in this case. Who is authorised officer for sanction order to issue u/s 45
(i), (ii) by Central Govt. And Govt. Of Maharashta in this case and other cases.
b) Please furnish proposal copy submitted by state govt.
Like Maharashtra, Gujrat, Andhra Pradesh, Uttar Pradesh, Karnataka Govt. And any other (Govt.) State to obtain assent of President of India for Terrorist Act or organised crime Acts or any other Acts for Terrorists. Please furnish the copies of proposal rejection of with cause of rejection in details.
c) Please furnish a copy of proposal submitted for amendment of Unlawful activity prevention Act 2008 in parliament and a copy of unlawful activity after terrorist attack (in Mumbai) Amendment Act 2008 UAPA.
d) Whether Terrorist Activity is different from organised crime activity and unlawful activity. Whether organised crime acts like Maharashtra Control of Organised Crime Act is for only control of Gangsters and under world criminals. Please state in details.
e) Please furnish copies of all terrorits acts assent by President in Parliament for state govt. And central govt. Since last 20 years.
f) Whether confessions are admissible as evidence taken by police officer in a case of terrorist Act. Why confession provisions if not taken into consideration in unlawful activity prevention Amendment Act 2008."
2. The CPIO/legal cell of IS-II Division, Shri Amar Chand, U.S vide reply dated 21.12.2012 informed the appellant that Terrorist and Disruptive Activities (Prevention) Act, 1987, lapsed in May, 1995 and provided the Copy of the said gazette notification along with the reply.
3. The CPIO, Shri Vinod Kumar, D.S, vide order dated 16.3.2010 provided the appellant with information on the status of proposals submitted by the State Government in reply to point (b) of the RTI application and in reply to point (e) the appellant was informed that it would be more appropriate if the request for copies of documents is made to the State Government since they are the originator of these documents. The appellant was also advised to approach the State Government for information relating to Terrorist Acts prevailing in the States for the last twenty years.
4. The appellant submits in his second appeal that incomplete and incorrect information has been provided to him. He states in his second appeal that only a copy of TADA Act, 1987 has been provided to him by CPIO, Shri Amar Chand, along with notification sought at point (e) partially. The appellant states in his second appeal that he filed first appeal to JS(IS-II), Shri Lokesh Jha, 9th Floor, Loknayak Bhawan, Khan Market, New Delhi which was transferred to Ministry of Home Affairs. The appellant submits that the reply from MHA is incomplete as he furnished incomplete information about querries no. (b) and (e) but did not supply copy of Amendment of Unlawful Activities Prevention Act and other terrorits activity related Acts like Prevention of Terrorism Act (POTA) and other terrorist Act assented or rejected by the President of India. The appellant further submits that complete information has not been provided with respect to point (a, (b), (c) , (d), (e) and (f).
5. During the hearing the respondent have filed documents in relation to an RTI application dated 4.6.2012 wherein certified copies of Act and Notifications was sought.
6. The Commission hereby directs the respondent CPIO to provide authenticated copies of Statutes passed by the legislator. The reply of the MHA is silent on point no. (a). Point (d) & (f) is in the nature of a query and does not fall under the definition of section 2(f) of the RTI Act.
The Commission hereby directs that the CPIO, MHA shall reply to the point no. (a) and (d) of the RTI application. Furthermore, certified copy of any notificatio/s if issued with regard to terrorism related acts, shall be provided to the appellant.
Directions of the Commission are to be complied within two weeks from the receipt of this order. The appeal is dispossed off accordingly.
Sushma Singh Information Commissioner Authenticated True Copy:
(DC Singh) Deputy Registrar Name & Address of Parties:
1. Appellant:
Mohd Shariff Shabbir Ahmed Through the Superitendent, Mumbai Central Prison, Sane Guruji Marg, Arthur Road, Mumbai - 400 011
2. Public Information Officer & Ministry of Home Affairs, North Block, New Delhi - 110 001
3. First Appellate Authority & Ministry of Home Affairs, North Block, New Delhi - 110 001