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Central Information Commission

Mr.Richard Gabriel vs Ministry Of Home Affairs on 4 January, 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/2012/0002419
                                                            Dated: 04.01.2013

Name of Appellant                 :      Shri Richard Gabriel

Name of Respondent                :      Ministry of Home Affairs

Date of Hearing                   :      03.01.2013

                                      ORDER

Shri Richard Gabriel, hereinafter called the appellant, has filed the present appeal dated 7.6.2012 before the Commission against the respondent Ministry of Home Affairs (MHA), FCRA Division, New Delhi for providing incomplete information in response to his RTI-application dated 15.11.2011. The appellant was present and assisted by Shri Avi Singh and Ms. Anya Singh, Advocates whereas the respondent were represented by Shri V. Vumlunmang, Joint Secretary, Shri A.K. Sinha, Director, MHA and Shri N.I. Chowdhury, Deputy Secretary (FC).

2. The appellant through his RTI application dated 15.11.2011 sought information on the following four queries: "(1) The total number of orders issued under Section 10(a) of the Foreign Contribution Regulation Act, 1976(FCRA) since the year 2000 and the detailed order with the basis of each order; (2) The total number of orders issued under Section 9(a) of the FCR, Act 2010 since the year 2000 and the detailed order with the basis of each order; (3) The total number of organizations designated as religious allowed to receive/receiving foreign aid/fund/ contribution under FCR Act, 1976 and the Foreign Contribution 2 Case No. CIC/SS/A/2012/002419 Regulation Act, 2010; and (4) The names of organizations listed as religious which have been receiving foreign funds under the FCR Act, 1976 and the Foreign Contribution Regulation Act, 2010". The CPIO vide his letter No. II/21022/52(16)/2010-FC (MU) dated 6.1.2012 informed the appellant on Point No. 1 and 2 of the RTI application that no such data is maintained by FCRA Wing, hence the information was not available with the CPIO; on Point No. 3 and 4 the CPIO provided list of organizations to the appellant.

3. Aggrieved with the reply of the CPIO, the appellant filed first appeal before the FAA. The FAA vide his order No. II/20022/52(16)/2011/FCRA-(MU) dated 28.2.2012 informed the appellant that information, as available with the public authority, has already been furnished to him. As regard the names of all the religious organization registered under FCRA, it is not possible to provide such voluminous information as it would disproportionately divert the resources of the public authority.

4. The appellant filed his written submissions before the Commission, in which he states as follows. "It is not conceivable that information related to Section 10(a) and Section 9(a) of the Foreign Contribution Regulation Act, 1976 and 2010 respectively would not be maintained by the FCRA Division of the MHA, the nodal department for administering the Act. If so, such non- maintenance is in violation of Section 4(1)(a) of the Act. The respondent have omitted to provide information sought under Point No. 4 of the RTI application i.e. the names of organizations listed as religious which have been receiving foreign funds under the Foreign Contribution Regulation Act, 1976 and the Foreign Contribution Regulation Act, 2010. The respondent have acted in contravention of Sub Section 3 and 7(1) of the Act in failing to disclose information that was sufficiently specified, without reliance on any exception, as prescribed u/s 8(1) of the Act". The appellant has not contested Point No. 3 of his RTI application.

5. During the hearing the respondent Joint Secretary states that they are now willing to provide list of organizations which have been prohibited u/s 10(a) of FCR Act, 1976 and Section 9(a) of FCR Act, 2010.

6. Having considered the submissions of the parties, the matter is remitted back to the FAA with the direction to pass speaking order and provide to the appellant, copies of orders issued to organizations which have been prohibited u/s 10(a) of FCR Act, 1976 and Section 9(a) of FCR Act, 2010 as sought for by the appellant on Point No. 1 and 2 of the RTI application, after applying the provisions of Section 8(1) and Section 10 severability clause on portion of the information which is not disclosable. The FAA is further directed to provide to the appellant list of organizations listed as religious which have been receiving foreign funds under the FCR Act, 1976 and FCR Act, 2010 on Point No. 4 of the RTI application. The FAA will comply with the directions of the Commission within four weeks of receipt of this order.

(Sushma Singh) Information Commissioner Authenticated true copy:

(K.K. Sharma) OSD & Deputy Registrar 4 Case No. CIC/SS/A/2012/002419 Address of the parties:

Shri Richard Gabriel, C/O Shri Amir Singh Pasrich International Law Affiliates, 901-905, Navrang House, 21, K.G. Marg, Connnaught Place, New Delhi-110001.

The Director (CS) & CPIO, Ministry of Home Affairs. Foreigners Division, NDCC-II Building, 5th Floor, Jai Singh Road, New Delhi-110001.

The Joint Secretary (Foreigners) & First Appellate Authority, Ministry of Home Affairs. Foreigners Division, NDCC-II Building, 5th Floor, Jai Singh Road, New Delhi-110001.