Location of the PIO and information from Authorities not covered be given

1.            Location of the PIO and information from Authorities not covered be given

CIC Order No : CIC/WB/C/2007/00636/SM

Operative Section : Section 1 (2) & 22 of the RTI Act.

Brief of CIC Order :

Commission while allowing the appeal directed the CPIO to provide the information sought by the appellant. Commission observed,

―We heard the submissions of both the Complainant and the Respondent and carefully examined the complaint memo as well as the documents enclosed therewith. We do not agree with the Respondent that the Act would not apply to the Central Government establishments within the State of Jammu and Kashmir merely on the ground that this enactment does not extend to that State. Central Government establishments, wherever located, would squarely come under this Act and cannot get exemption merely because they are located in some areas of the country to which this enactment does not extend.

This leaves only one ground as stated by the Respondent on which the information has been denied. The Appellant is obviously not a person to whom the Army Act would apply. Therefore, as provided in rule 184 of the Army Rules, the proceedings of the Court of Inquiry cannot be disclosed. The Section 22 of the Act, however, provides that it would have an overriding effect on all other enactments. Thus, irrespective of any restriction imposed by Rule 184, the information would not be debarred to a citizen.

In case the said Court of Inquiry proceedings contain any information which, in the opinion of the Public Authority, has implications for India's security, such information need not be disclosed as exempt under Section 8(1) (a) of the Act but only after the CPIO clearly states so in a reasoned order‖.

Writ Petition No : 7604/2009, Delhi High Court.

Issue :

Whether RTI Act applies to the state of Jammu and Kashmir while interpreting section 1 (2) of the RTI Act.

Brief of Court Order :

Court while dismissing the petition upheld the order of the Commission and imposed Rs 5000/- as costs to be paid by the petitioner to the respondent while observing,

―Section 1(2) of the RTI Act which states that the RTI Act does not extend to the State of J&K only means that if there are public authorities under the control of State of J&K and located exclusively within the State of J&K and they hold information, then such information cannot be accessed by filing applications under the RTI Act with such public authorities in the State of J&K. For instance, there would be no State Information Commission under the RTI Act set up in the State of J&K. The idea behind this is that there should be a separate enactment providing for the right to information in the State of J&K. This, by no stretch of imagination, can mean that where the offices and establishments of the central government, including the army, are located in the State of J&K, no application can be made under the RTI Act to such offices and establishments under the RTI Act to seek the information held by them. Further, the mere fact that army personnel are in the State of J&K, does not preclude such personnel, or their relatives as the case may be, from seeking information concerning themselves through an application made under the RTI Act to the army.

The issue really is `who‟ the public authority is, which is holding the information and not `where‟ it is holding such information. The public authority here is the army. The information held by it may pertain to an event which transpired in J&K, and may even be held by it in J&K. That by itself does not insulate such information from disclosure. Even information concerning the investigation by the J&K police, if available also with the army, would not be insulated only because the RTI Act does not apply to J&K. The problem of residents of J&K accessing information held by the central government may arise if there are no PIOs appointed by the central government or the army in the departments in J&K. However, conscious of this difficulty, some of the central government departments have in fact appointed PIOs in J&K. That is on a correct understanding of the legal position‖.

Status : Disposed of on 28.07.2010.