Central Information Commission
Shri. Samir Vijay Zaveri vs Prime Minister Office on 7 May, 2012
Central Information Commission, New Delhi
File No.CIC/SM/A/2011/001216
Right to Information Act2005Under Section (19)
Date of hearing : 7 May 2012
Date of decision : 7 May 2012
Name of the Appellant : Shri Samir Vijay Zaveri,
127, Mumbadevi Rd. Daya Mandir Bldg.,
3rd Floor, Mumbai - 400 003.
Name of the Public Authority : CPIO, Prime Minister's Office,
South Block,
New Delhi - 110 101.
The Appellant was present in person.
On behalf of the Respondent, the following were present:
(i) Smt. Sanjukta Ray, DS & CPIO
(ii) Shri Sanjeev Gupta, CAPIO
(iii) Shri Subhendu Hota, CAPIO
Chief Information Commissioner : Shri Satyananda Mishra
2. The Appellant was present in the Mumbai studio of the NIC. The Respondents were present in our chamber. We heard their submissions.
3. The Appellant had sought a number of information relating to the action taken on his letter and the affidavit filed in the Supreme Court on behalf of the Prime Minister of India in the 2G spectrum case. The CPIO had provided the desired information in which he had specifically mentioned that the only affidavit which had been filed in the Supreme Court related to Subramanyam Swamy vs CIC/SM/A/2011/001216 Dr Man Mohan Singh. Later, on the direction of the Appellate Authority, the CPIO had clarified that no affidavit had been filed in the 2G spectrum case.
4. During the hearing, the Appellant argued that the response of the CPIO between the first time and later on the direction of the Appellate Authority were contradictory. The Respondents submitted that there was no contradiction and that only the facts had been mentioned, namely, that the only affidavit which had been filed was in the matter of Subramanyam Swamy vs Dr Man Mohan Singh and not in any 2G spectrum case.
5. After carefully considering the facts of the case, we find no fault in the response of the CPIO. Very specifically, the Appellant had wanted the copy of the affidavit filed by the PM in the 2G spectrum case whereas, the only affidavit filed by the PM was in the other case and not in the 2G spectrum matter. The CPIO's response is quite clear and without any ambiguity.
6. The Appellant submitted that the CPIO should be directed to provide him with a copy of the affidavit filed by the Prime Minister in the other matter. This cannot be given to him not only because he had not asked for this piece of information in his original RTI application, but also because the affidavit filed by the Prime Minister of India in the Supreme Court has since become a part of the judicial record and it could be disclosed by the Supreme Court alone under the rules and orders framed by it for this purpose. It cannot be given by the PMO merely because it might still retain a copy of that affidavit.
7. There is no merit in the appeal. It is disposed of accordingly.
8. Copies of this order be given free of cost to the parties. CIC/SM/A/2011/001216 (Satyananda Mishra) Chief 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.
(Vijay Bhalla) Deputy Registrar CIC/SM/A/2011/001216