Central Information Commission
Athmesan Pachat vs Embassy Of India, Guatemala City, ... on 4 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/EOIGG/A/2024/638638
Shri Athmesan Pachat ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Embassy of India, Guatemala City, ...प्रनतवािीगण /Respondent
Guatemala
Date of Hearing : 01.09.2025
Date of Decision : 01.09.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 06.08.2024
PIO replied on : 09.08.2024
First Appeal filed on : 15.08.2024
First Appellate Order on : 23.08.2024
2 Appeal/complaint received on
nd : 02.09.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 06.08.2024 seeking information on the following points:-
"1. Provide the official website link of Embassy of India, Guatemala.
2. Please provide the yearly-wise details of income and expenditure figures of the Indian Community Welfare Fund (ICWF) in the financial years 2019 to 2023 at Embassy of India, Guatemala.
3. Does the Embassy of India, Guatemala promote the Indian community by organizing cultural programs through recognized Indian diaspora organizations on major Indian festivals?
3.a) If yes, provide details of cultural events organized by the Embassy of India in Guatemala in 2023.
4. Yearly-wise count of the Indian nationals deported to India from various prisons and detention centers in Central America from January 1, 2019 to December 31, 2023 with the intervention of Indian Embassy in Guatemala for not having a valid visa?
5. Please provide the full details of steps taken in the year from 2019 to 2023 by Embassy of India-Guatemala against human trafficking from India to Central America under the guise of American visiting visa. If this information is published in your website or any public domain, please provide the web link.
6. Provide yearly-wise count of the Indian citizens who died in Central America from January 1, 2019 to December 31, 2023.Page 1 of 4
7. Provide the yearly-wise count of the dead bodies of Indian nationals repatriated from Central America to India from January 1, 2019 to December 31, 2023.
8. Is there any shelter running under Indian Embassy in Guatemala? If yes, please provide the details of expenditure incurred by the Indian Embassy in Guatemala for the operation of the shelter from 2019 to 2023 on an annual basis.
9. How many local staff are currently working in the Embassy of India in Guatemala? Provide their full name and designation wise details.
10. How many temporary Indian nationals are working in Embassy of India, Guatemala?"
The CPIO, Second Secretary, Embassy of India, Guatemala City vide letter dated 09.08.2024 replied as under:-
"i. Our website site is: www.indemguatemala.gov.in ii. This Mission was opened in 2011 and the number of consular services provided here is very low. Due to the low number of consular services the ICWF income/expenditure is also very low. For example, the ICWF collection in the year 2023 is Rs.91804/-only.
iii. Yes, However, the Indian diaspora is very small in 3 countries (Guatemala, El Salvador & Honduras) under the jurisdiction of this Mission and Embassy of India, Guatemala always promotes Indian cultural programs and festivals with the help of local organizations.
During 2023, This mission organized over 100 cultural and commercial events across the length and breadth of Guatemala. India's visibility and image were enhanced by organizing a series of cultural events not only in the capital but also across the nook and corner of Guatemala. An ICCR-sponsored 08-Members Odissi Dance Group "Sankalp" led by Ms. Kasturi Patnaik visited Guatemala for performances from 30 June 03 July 2023 in Patzun City, Xela City and Guatemala City. As a part of AKAM, several events were organized by the Embassy across Guatemala, including the flag hoisting in 10 different cities on Republic Day. Alongwith several other events on 18 June 2023, Mission organized the largest Yoga Festival in Central America, perhaps in the LAC region, with the participation of more than 2000 people, at Mariscal Zavala Military Brigade. To showcase the Indian Culture in Guatemala, the Holi Celebration was organized at the Embassy and in Livingston and organized Diwali Celebration with the participation of more than 1200 people. The embassy regularly organizes yoga workshops and film festivals in association with Universities, Municipalities, Hospitals, government offices, social organizations, and institutions. Also, to mark India's presidency in G-20 & SCO, the Embassy of India organized a screening of the Oscar winner movie RRR with members of the Indian Diaspora, friends of India, and ITEC alumni.
iv (a) One Indian national was in a Guatemala detention center for 8 years for the charges of human trafficking. After the intervention of this Mission, he was released from the detention center and sent back to India in September 2022.
(b) One Indian national was arrested on 6th March 2023 for entering El Salvador illegally enroute to the USA. He was released after the intervention of the Mission and sent back to India in June 2023.
V. The illegal entry of Indian nationals to Guatemala, El Salvador and Honduras for their eventual migration to Mexico and finally to the USA has been a complex issue for this Mission in Guatemala. However, whenever the local police arrest Page 2 of 4 them without a visa or proof of valid legal entry into Guatemala. The Mission helps the distressed Indians for interpretation and their well-being. vi. One Indian national died on 08/03/2023 on the Guatemala border enroute to the USA illegally and his body was buried by the local authority as an anonymous body. Upon receiving the information from his family in India about the missing of Shri Singh and in coordination with the local authorities his body was exhumed and the mortal remains were sent to India in July 2023 to his family members for cremation as religious rituals. vii. One viii. No ix. The number of local Guatemalan nationals working with the Indian Embassy is 9 only. They are working in different wings, such as Commerce, Consular, Administration, Social Secretary to Ambassador for interpretations regularly. X. Nil."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 15.08.2024. The FAA, Ambassador, Embassy of India, Guatemala vide order dated 23.08.2024 replied as under:-
"2. As per the RTI Act-2005, the information could only be given if it is readymade available without putting much efforts. Hence, the CPIO had indicated that as the number of Indian community is very less, number of passports and visas issued by the Embassy are less. He had decided to share one year's expenditure and income as it would indicate the volume of passports and visas related applications which are processed here. However, I understand that you indicated to seek the exact details from 2019-2023. Although it is cumbersome and required much efforts to collate the information (which is not required in case of RTI) as the volume is less, my office could manage and shared the information which is attached herewith."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Represented by Shri Murshidh Respondent: None The Appellant's representative contended that satisfactory information had not been received from the Respondent public authority. None present on behalf of the Respondent.
Decision:
Perusal of records of the case reveals that the information available on record with the public authority, defined as information under Section 2(f) of the RTI Act and permissible under the provisions of the RTI Act, has been duly provided to the Appellant.
The Respondent has failed to appear during the hearing to make submissions about the case at hand and not sent any written explanation for the absence as well, Page 3 of 4 thereby leading to the proceedings being vitiated in clear violation of the provisions of the RTI Act.
Hence, the Respondent- CPIO, Second Secretary, Embassy of India, Guatemala City is hereby directed to submit an explanation for wilful violation of the provisions of the RTI Act for absence during hearing. The explanation should reach the Commission within four weeks of receipt of this order, failing which appropriate action shall be initiated, in terms of law.
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 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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