Indian Kanoon - Search engine for Indian Law

Central Information Commission

Adv. Abhishek Sharma vs High Commission Of India,Islamabad, ... on 1 September, 2025

Author: Heeralal Samariya

Bench: Heeralal Samariya

                                     के न्द्रीय सूचना आयोग
                            Central Information Commission
                                 बाबा गंगनाथ मागग, मुननरका
                            Baba Gangnath Marg, Munirka
                             नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/HCIPK/A/2024/613565

Shri Abhishek Sharma                                             ... अपीलकताग/Appellant
                                   VERSUS/बनाम

PIO, High Commission of India, Islamabad,                    ...प्रनतवािीगण /Respondent
Pakistan

Date of Hearing                          :   28.08.2025
Date of Decision                         :   28.08.2025
Chief Information Commissioner           :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :           06.11.2023
PIO replied on                    :           30.11.2023
First Appeal filed on             :           05.01.2024
First Appellate Order on          :           31.01.2024
2ndAppeal/complaint received on   :           03.04.2024

Information sought

and background of the case:

The Appellant filed an RTI application dated 06.11.2023 seeking information on the following points:-

"1. Send the certified copy of list of the names, address and contacts of Indian prisoners in the area of Gulf and other countries such as Bahrain, Saudi Arab, Syria, Pakistan, Afghanistan, Iran, Iraq, Oman, Yemen, Qatar, Bangla Desh, Kuwalt, Egypt, Turkey etc. putted up in the record of Government of India from 1947 to 2023 who are citizen of India including arrested, convicted, under trail and set free by respective courts including their case files under RTI Act, 2005 also includes the details of Prisoners of War."

The CPIO, Second Secretary, High Commission of India, Islamabad, Pakistan vide letter dated 30.11.2023 replied as under:-

"2. The information sought by you is exempted under Section 8(1)(f) 8(1)(g) & 8(1)(h) of the RTI Act 2005."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 05.01.2024. The FAA, High Commission of India, Islamabad, Pakistan vide order dated 31.01.2024 held as under:-

"2. I have gone through your RTI Application. I concur with the CPIO that the information sought by you is exempted under Section 8(1)(f), 8(1)(g) & 8(1)(h) of the RTI Act 2005."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

A written submission dated 05.08.2025 has been received from CPIO, High Commission of India, Islamabad, Pakistan stating as under:

"...decision has been reviewed and the list of Indian prisoners and fishermen in Pakistani jails is attached herewith..."

Another written submission dated 20.08.2025 has been received from the CPIO/High Commission of India at Pakistan reiterating the above facts. He also cited the decision of the Apex Court in the celebrated case of CBSE vs. Aditya Bandopadhyay in support of denial of voluminous information citing provisions of Section 7(9) of the RTI Act. The Respondent relied upon the Supreme Court's another decision passed in the case of CPIO, Supreme Court vs. S C Agrawal and contended that disclosure of the information sought by the Appellant would not serve any 'public interest' as such and added that the Appellant could also avail information about Indians in foreign jails from the weblink: www.mea.gov.in/lok-sabha-htm?dtl/37377. He has also referred to the fact that a list of 53 civil prisoners and 193 Indian fishermen has been recently provided to the Appellant.

Hearing was scheduled after giving prior notice to both the parties. Appellant: Present through video conference Respondent: Shri Subhash Chandra Agrawal- RTI Consultant was present during hearing.

The Appellant stated that he was not satisfied since information has been provided by the Respondent only after issuance of the hearing notice by the Commission. The Respondent's representative reiterated contents from the PIO's reply and the FAA's order but also noted that subsequently vide written submission dated 05.08.2025 a list of 53 civil prisoners and 193 Indian fishermen has been recently provided to the Appellant.

Decision:

Perusal of records of the case and averments of both parties reveals that the excessive information in contravention of the provisions of Section 8(1)(j) of the RTI Act has been furnished by the Respondent public authority. The Commission cautions the CPIO to act responsibly and with prudence in future while answering RTI queries and only disclose information as permissible under the provisions of the RTI Act. Be that as it may, no further intervention is warranted in this case, under the RTI Act.

The appeal is disposed off accordingly.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org)