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Atul Patankar

Disclose information about RAW's software: CIC to C-DAC

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Atul Patankar

As reported at www.hindu.com on 5 May 2009

 

 

New Delhi, May 5(PTI) The CIC has directed the Centre for Development of Advanced Computing (C-DAC) to disclose information about a software it developed for RAW to a former official of the intelligence agency, who was arrested for allegedly leaking sensitive information to a CIA agent.

"...there is no sensitive information pertaining to RAW and since RAW's opinion or view is not applicable in this case, the Commission directs the CPIO, CDAC to furnish the appellant with all the information as sought by him...," Information Commissioner Annapurna Dixit said ordering the CDAC to provide the information by May 25.

 

The decision came on the RTI plea of Former Director (Computers) RAW, Brig (Retd.) Ujjal Dasgupta, lodged in Tihar jail following his arrest in 2006, who contended that information about the software 'Anveshak' was crucial to his defence.

 

He was arrested for allegedly violating Official Secrets Act by passing on sensitive information to an American diplomat Rosanna Minchew. Brig Dasgupta had sought details about the development of 'Anveshak', the way it was transferred to RAW - by floppy, CD or pen drive, agency responsible for installation at the premises of RAW and other such details.

But the CDAC had refused to provide the information saying it was exempt under the provisions of the Act.

Brig. Dasgupta filed an appeal with CDAC, stating that he was seeking only factual information about the software and not the data contained within which could have pertained to national security, which was also rejected.

 

Source: The Hindu News Update Service

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gurkirat.dhillon

The CPIO's need to be better trained !

 

It seems that the govt has not adhered to Section 26 of the Act by

 

conducting proper training sessions for the CPIO's .

 

Hence , the replies that we receive are improper !

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sidmis

Delhi HC set aside CIC order to divulge info to ex-RAW official

AS reported in www.zeenews.com, April 09, 2010 (PTI )

 

New Delhi: The Delhi High Court has set aside Central Information Commission's order to divulge the information to a former official of Research and Analysis Wing who was arrested for allegedly leaking sensitive information to a CIA agent.

 

The Court also asked the Commission to hear the RAW before passing a final order on the issue of directing the Centre for Development of Advanced Computing (C-DAC) to disclose information about a software for project 'Anveshak' it developed for RAW.

 

It also asked CIC to dispose of the matter within four months.

Brig (Retd) Ujjal Dasgupta, a former official of the external intelligence agency, was arrested for allegedly leaking sensitive information to a CIA agent.

 

"Notice will be issued by the CIC to the R&AW and it shall be given an opportunity to file a reply and of being heard before the final orders can be passed in the Respondent No. 1’s (Gupta) appeal by the CIC..." said Justice S Muralidhar.

 

Justice Muralidhar's order came on a petition filed by C-DAC challenging the CIC's order to divulge the information.

 

On May 5 last year, CIC had in an order said "...there is no sensitive information pertaining to RAW and since RAW's opinion or view is not applicable in this case, the Commission directs the CPIO, CDAC to furnish the appellant with all the information as sought by him...," and ordered for CDAC to provide the information within 20 days.

 

The Commission's decision had come on a RTI plea of Brig (Retd.) Dasgupta, former Director (Computers) RAW, who was lodged in Tihar jail following his arrest in 2006, and he contended that information about the software 'Anveshak' was crucial to his defence.

 

He was arrested for allegedly violating Official Secrets Act by passing on sensitive information to an American diplomat Rosanna Minchew.

Dasgupta had sought details about the development of 'Anveshak', the way it was transferred to RAW - by floppy, CD or pen drive, agency responsible for installation at the premises of RAW and other such details.

 

But the CDAC had refused to provide the information saying it was exempt

under the provisions of the Act, after which he had approached the CIC.

 

Delhi HC set aside CIC order to divulge info

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prbhat_gen

nice order by HC

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sidmis

CIC revokes its order on disclosure of RAW software

as reported in the Deccan Herald, New Delhi, Nov 17 (PTI)

 

Revoking its direction to make public details of a snooping software developed for Research and Analysis Wing by C-DAC, the Central Information Commission has allowed withholding of information as it was a joint project with RAW which has exemption under the RTI Act.

 

Acting on an appeal of former RAW official Brigadier (Retd) Ujjal Dasgupta, an accused in the National Security Council Secretariat spying case, the transparency panel had earlier asked the Pune-based Centre for Development of Advanced Computing (C-DAC) to disclose details sought by him about the software 'Anveshak'.

 

The RAW challenged the decision in the Delhi High Court which referred the matter back to the CIC saying the panel has "erred" in overlooking sections of the RTI Act which exempted security organisations like RAW from the ambit of RTI law and those dealing with third party information.

 

It also directed the CIC to hear RAW, for which C-DAC was developing the software, before passing any direction on the disclosure of information about the software.Following the direction of the High Court, the CIC referred the matter to a full-bench and called RAW to present their objections regarding the disclosure of information sought by Dasgupta.

The snooping agency said software was developed by C-DAC on their behalf and pertained to data base management system used for storage and retrieval of sensitive data collected by the agency on such issues and which are connected with the security and defence of the country.

 

"It is pertinent at this stage to highlight the fact that the 'confidentiality clause' as contracted in the contract between C-DAC and RAW was never brought to the notice of the Commission which led to the erstwhile decision directing C-DAC to furnish the information," the Commission said.

 

The bench said it is "amply established" in the "confidential contract" between CDAC and RAW that ownership of Anveshak software vests jointly with the two organisations with the "CDAC committed by contract to subserve the interest of RAW" which is an exempted organisation in transparency law.

 

The case relates to RTI application filed by Dasgupta who was in Tihar Jail following allegations of passing sensitive information to an American diplomat. The former Director (Computers) RAW, Dasgupta, had contended that information about 'Anveshak' was crucial to his defence.

 

The agency said any disclosure about software on its working, storage, platform, capacity etc. cannot be provided as it would result in putting sensitive information in the public domain thereby jeopardising national security as this information could well be used by India's adversaries.

 

It said the averment of Dasgupta that he was kept in jail for four years in violation of his human rights does not stand as his bail applications were rejected by competent courts.

The Second schedule of section 24 of the RTI Act lists organisations which are not covered under the transparency law except for allegations of human rights violation and corruption. RAW is listed in the schedule and exempted from the Act.

 

Source : CIC revokes its order on disclosure of RAW software

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ambrish.p

As reported in Dainik Jagran on 18/11/10

 

जासूसी सॉफ्टवेयर पर अपना आदेश पलटा

 

नई दिल्ली, एजेंसी : केंद्रीय सूचना आयोग (सीआईसी) ने सेंटर फॉर डेवलपमेंट ऑफ एडवांस कंप्यूटिंग (सी-डैक) द्वारा खुफिया एजेंसी रॉ के लिए विकसित जासूसी सॉफ्टवेयर की जानकारी सार्वजनिक करने का अपना आदेश रद कर दिया है। आयोग ने माना कि इस सूचना को आरटीआई के तहत छूट हासिल है। रॉ के पूर्व अधिकारी ब्रिगेडियर (सेवानिवृत्त) यू. दासगुप्ता की अपील पर आयोग ने पुणे स्थित सी-डैक को सॉफ्टवेयर अनुवेषक का विस्तृत ब्योरा सार्वजनिक करने का आदेश दिया था। दासगुप्ता राष्ट्रीय सुरक्षा परिषद सचिवालय के जासूसी कांड के अभियुक्त हैं। वह तिहाड़ जेल में थे। उन पर आरोप था कि उन्होंने संवेदनशील जानकारियां एक अमेरिकी राजनयिक को दी थीं। रॉ ने सीआईसी के फैसले को दिल्ली हाईकोर्ट में चुनौती दी थी। हाईकोर्ट ने मामले को फिर सीआईसी के पास भेज दिया था और कहा था कि सीआईसी को मामले को देखने में गलती हुई है। इसमें आरटीआई कानून के तहत रॉ सरीखी देश की सुरक्षा से जुड़ी संस्थाओं को जो तीसरे पक्ष के साथ सूचनाओं का आदान-प्रदान करती हैं, उन्हें इस कानून से मुक्त रखा गया है। अदालत ने सीआईसी को यह भी आदेश दिया था कि सॉफ्टवेयर का विस्तृत ब्योरा सार्वजनिक करने का आदेश देने से पहले वह रॉ की सुनें जिसके लिए सी-डैक ने इस सॉफ्टवेयर को बनाया है। हाईकोर्ट के निर्देश का अनुपालन करते हुए सीआईसी ने इस मामले को पूर्ण पीठ के हवाले कर दिया। साथ ही दासगुप्ता द्वारा मांगी गई जानकारी को लेकर रॉ को अपनी आपत्ति दर्ज कराने के लिए पेश होने को कहा। रॉ ने सीआईसी से कहा कि इस सॉफ्टवेयर को सी-डैक ने उसकी ओर से तैयार किया है। इसमें संवेदनशील आंकड़े हैं जिनका संबंध देश की सुरक्षा और रक्षा से जुड़ा है। आयोग ने कहा कि सी-डैक और रॉ के बीच हुए करार में गोपनीयता की शर्त की ओर कभी ध्यान नहीं दिलाया गया। इसी वजह से सी-डैक को जानकारी सार्वजनिक करने का फैसला दिया गया।

 

Source:http://in.jagran.yahoo.com/epaper/article/index.php?page=article&choice=print_article&location=49&category=&articleid=96235632164278

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