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  1. In a very well worded and argued order, the CIC has asked the "Bureau of Immigration" to provide information to an applicant about the departure of a certain person from India. The Bureau of Immigration (BoI), is part of the Intelligence Bureau, an organisation exempted under Sec 24 of the RTI Act - except for Corruption and Human Right violations. Regular members will note that several posters on this forum have tried to get similar information earlier from the BoI but their attempts have been consistently rejected by the CIC on various occasions. However this time, IC Sushma Singh has gone an extra mile and ruled that not providing such information to the applicant will constitute ‘Nonfeasance’ - a term also defined in the Blacks Law Dictionary as "corruption in office and official corruption". Hence this request is indeed a request for information related to "corruption" and therefore the information should be provided. This order will be very useful to those who seek information from organisations exempted under Sec 24 of the RTI Act - specially information related to corruption issues. The IC has also given a clear distinction between "allegation" and "conjecture" - a argument very useful for arguing cases before the CIC/SIC. Kudos to her for such a clear and well argued decision. The full order is attached to this post. Bureau of Immigration.pdf
  2. CIC to visit Tihar, meet War Room Leak accused AS REPORTED by Mohit Sharma, July 07, 2008, Express India New Delhi, July 6 Chief Information Commissioner Wajahad Habibbullah will be visiting the Tihar Jail next week. The reason: Intelligence Bureau's denial to reply a Right To Information (RTI) query by two accused in the Navy War Room Leak case. The two are currently lodged in the jail, having been booked under the Official Secrets Act. According to sources in the jail, the matter came to light when the officers — Ravi Shankaran and Vijender Rana — filed the RTI application last month, seeking to know the basis of their arrest and the cases against them. The jail officials said after a month, they received a reply. “The Intelligence Bureau refused to present the documents,” an official said. “The applicants were reluctant to accept the reply given by the IB.” Following this, the two wrote to Habibbullah's office and it was decided last week that the CIC would visit Tihar. Confirming the visit, Habibbullah said: “A visit to Tihar Jail on July 16 is on our schedule. We have two to three matters, including the War Room Leak case pending for hearing. To avoid inconvenience to Tihar authorities in producing them before us, we have decided to pay a visit to the jail.” He said the two officers did indeed have queries about the Intelligence Bureau's denial. Tihar sources added that the CIC would be accompanied by a few officials of the Commission. Undertrials Shankaran and Rana are in jail number one. They, along with three other defence officers, were charged under the Officials Secret Act for allegedly entering into a conspiracy and “compromising” about 7,000 pages of defence information. The documents from the Naval war room and air defence headquarters had a direct bearing on national security. The CBI registered the case on March 20, 2006, following a reference from the Defence Ministry and a scrutiny of an inquiry conducted by the Indian Air Force. CIC to visit Tihar, meet War Room Leak accused - ExpressIndia.Com
  3. NSCS spying case: RTI reply shows cracks in police theory As published in the Hindusthan Times, reported Press by Trust Of India, New Delhi, May 30, 2010 Loopholes seem to be emerging in the probe into the 2006 National Security Council secretariat spying case as an RTI reply said there is no record of Delhi Police seeking NSCS' opinion on documents found in computer of an accused, which later became the basis of his arrest. The Delhi Police had claimed that it had sought the views of the Secretariat on two electronic documents recovered from the computer of one of the accused, retired Navy Commander Mukesh Saini. A director at NSCS, Vinod Kumar Mall, had opined that possession of the said documents was unauthorised and classified which became the basis of Saini's arrest under the Official Secrets Act. However, in an RTI reply to Saini, the NSCS has said there are no entries in its records of receiving such communication from Delhi Police. It also said that there are no file notings to show how the opinion was formed by Mall who was then director at the Secretariat. NSCS is the top intelligence coordination body of the country which is headed by the National Security Advisor. After the alleged spying case came to light in June 2006, the Special Cell had carried out searches in Saini's house in Delhi Cantonment area on June 11, 2006 and claimed to have found some classified documents, computer hard disc and other material. The two electronic documents recovered by police from the hard disc seized from Saini's residence were related to a project Secure Information Database Information (SIDE) and minutes of meeting of Indo-US cyber security forum which took place in 2003 of which the officer was coordinator. According to Special Cell, in two letters 2871 and 2872 dated June 30, 2006 - a day before the arrest of Saini - it sought the views of NSCS whether the possession of these documents was authorised. Mall in his "undated" replies, letter no 1206/Dir(VM)/2006 and 1207/Dir (VM)/2006, to Delhi Police had opined that the documents and its contents are "classified and possession can be termed as unauthorised". The views of Mall became one of the reasons for slapping charges under OSA against Saini and his arrest. In an RTI reply to Saini, the NSCS said it has "no entries in NSCS records regarding receipt of letter no 2871 and 2872/ACP/NDR dated June 30, 2006" from Delhi Police. NSCS spying case: RTI reply shows cracks in police theory- Hindustan Times
  4. CIC disapproves "blanket ban" on disclosure of information As reported in OutLook India, NEW DELHI, JULY 30 (PTI) Disapproving of the "blanket ban" imposed on disclosure of information collected by the Intelligence Bureau, the Central Information Commission (CIC) has asked the Ministry of Home Affairs to consider revealing parts of such information to serve the purpose of RTI applicants. "To apply a blanket ban of disclosure is a matter of wide public concern, because it is handled by an agency outside the jurisdiction of RTI, does not, in our view, appear to be in full conformity with the objective of the Act," Chief Information Commissioner Wajahat Habibullah said. The Commission said that the MHA could part with the information depending on its nature under the Act when required. "We recommend to the MHA that it may obtain or hold at least part of the information, of the nature sought by appellant Ashok Mehta, for disclosure under the act when required," the Commissioner said. The CIC passed the decision while perusing the documents submitted by Mehta, a Gurgaon resident, seeking information regarding Bangladeshi and Pakistani illegal immigrants from the Immigration and Citizenship wing of the MHA. After being disappointed with the treatment meted out to his RTI application, Mehta approached the CIC contending that the public has a right to know the details of illegal immigrants from Pakistan and Bangladesh. The Commission dismissed his appeal citing that the Intelligence Bureau was exempted under the Act and any information furnished by it to the government is excluded from disclosure. It disagreed with Mehta's contention that the information sought was related to public interest. outlookindia.com | wired
  5. Dear Infomaticians, Wanted to know that are security org like Intelligence Bureau , RAW and DMI or Joint Intelligence Commiitee covered under RTI act ? Can we ask informations pertaining to Intelligence reports and actions by the Government on the inputs by these agencies ? ? ? ? Awaiting Abhinav .....The Right Informed
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