There is a interesting recent decision of the
CIC regarding disclosing a letter received from the Indian Ambassador to Iraq.
1. Applicant referred to statement of Shri Chidambaram, in Parliament, referring to a particular letter sent by the Indan Ambassador to Iraq.
Applicant wanted a copy of that letter from Ministry of External Affairs.
2. CPIO denied information under Section 8(1)(h) (ongoing investigation).
3. Applicant argued in his First Appeal that:
- The concerned letter is not a matter of investigation but the involvement of some Indians is a a matter of investigation.
- No investigation has ever been ordered against the said letter.Ministry cannot claim that each and every bit of correspondence is under investigation
- Non disclosure will only facilitate a cover up.
4. The First AA suddenly turned around and said that the exemption under Sec 8(1)(h) was a typographical error. It should be actually Sec 8(1)(a) !
(Please note that the by this time, the CPIO, who initially replied to the applicant, had himself become AA !)
5. The first IC hearing the case (Dr O P Kejriwal) recused himself from the case due to his personal contacts with the applicant. Case was transferred to
CIC Shri W. Habibullah.
6. The
CIC wanted to know as to how Sec 8(1)(a) is applicable if nowhere has a mention been made by CPIO or AA of the foreign country, etc. It also gave the supremacy of one's rights over Sec 8, which allows for denial of information.
CIC has now asked for a copy of the letter so that they can examine it and decide for its disclosure or not.
The full decision can be read here:
http://cic.gov.in/CIC-Orders/Decision_28032008_06.pdf