Make Chinese aggression report public: CIC

**Atul Patankar** · 01-31-2009, 09:54 AM

As reported by special correspondent at www.assamtribune.com on January, 31 2009
NEW DELHI, Jan 30 – Forty-seven years after the Chinese aggression, the reasons for India’s defeat may finally become public, with the Chief Information Commissioner, Wajahat Habibullah asking the Ministry of Defence why the Henderson Brooks report could not be made public. Addressing a ‘meet the press programme’ organised by Press Association, a body of Accredited Correspondents of Government of India, the CIC said that in response to a Right To Information application filed by Kuldip Nayar, he has written to the Defence Ministry to explain on what grounds information on this could be withheld.

The CIC wondered why the Indo-China conflict has been kept a top secret even after 40 years of the Chinese aggression of 1962. What calamity would take place, if this information is released, asked Habibullah.

Columnist and writer Kuldip Nayar is trying to bring out the information, he added.

On October 20, 1962, China’s People’s Liberation Army invaded India with overwhelming force on two separate flanks - in the west in Ladakh, and in the east across the McMahon Line in the then North-East Frontier Agency.

An Anglo-Indian general called Henderson Brooks was requested to go through the official records and prepare a report on the war. Sometime in 1963, the General presented his study to Nehru and a couple of his ministers. The report was immediately classified as ‘Top Secret’.

The report continues to remain classified so even till today. Forty years later, nobody has still seen the report. That is, except for one person: a British foreign correspondent named Neville Maxwell.

The CIC further held the government responsible for not bringing enough awareness about the RTI Act. The Government has not done much to create awareness about the Act, he commented.
Source : The Assam Tribune Online

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**Atul Patankar** · 02-01-2009, 11:40 AM

Sponsorer

As reported by Iftikhar Gilani of www.dailytimes.com.pk on January 31, 2009

[CENTER]India might reveal its 1962 war history [/CENTER]
By Iftikhar Gilani

NEW DELHI: India may make its war history public soon. Indian Chief Information Commissioner (CIC) Wajahat Habibullah on Friday disclosed that he was hearing an appeal filed by noted journalist Kuldeep Nayyar to make the Henderson Brooks Report of 1962 India-China war public.

Habibullah, who enjoys enormous powers under the revolutionary Right to Information Act (RTI), has asked the Defence Ministry to submit the war report to the information commission to let it decide whether it could be made public. Habibullah told reporters that people in Indian-held Kashmir (IHK) needed to enjoy the same liberties available to the rest of Indian. The United Progressive Alliance (UPA) led by Prime Minister Dr Manmohan Singh has to its credit piloting two revolutionary laws the RTI and the National Rural Employment Guarantee Scheme (NREGS) during its five-year tenure. But unlike the NREGS, the CIC believes the government was making no efforts to publicize the RTI Act. The CIC admitted that in the countryside or even the educated class in big cities was not aware about their rights under the RTI.
Source : Daily Times - Leading News Resource of Pakistan

**karira** · 03-21-2009, 12:24 AM

In a recent order CIC hs denied the disclosure of the "Henderson-Brooks Report" on the 1962 war with China.

But the whole matter has a strange story attached to it - something that appellants and complainants face everyday with the CIC:

Name of Applicant: Mr. Kuldip Nayar, Journalist and Ex MP
Date of RTI Application: 7-12-2005
PIO's reply date: 7-2-2006
Complaint to CIC Date: 18-2-2006 (Not Registered in CIC)
First Reminder to CIC: 14-8-2007 (CIC WH makes noting to treat it as a complaint)
No Action taken by Registry
Second reminder to CIC: 15-10-2007 (Jt. Registrar notes "urgently")
Third reminder to CIC: 15-2-2008 (No reply from CIC)
Fourth reminder to CIC: 4-4-2008 (addressed personally to CIC WH)
Interim order: 6-11-2008
Second hearing: 22-1-2009
Final hearing/Inspection of report: 7-3-2009

CIC has denied disclosure:

http://cic.gov.in/CIC-Orders/WB-19032009-04.pdf

We have examined the report specifically in terms of its bearing on present national security. There is no doubt that the issue of the India-China Border particularly along the North East parts of India is still a live issue with ongoing negotiations between the two countries on this matter. The disclosure of information of which the Henderson Brooks report carries considerable detail on what precipitated the war of 1962 between India and China will seriously compromise both security and the relationship between India & China, thus having a bearing both on internal and external security. We have examined the report from the point of view of severability u/s 10(1). For reasons that we consider unwise to discuss in this Decision Notice, this Division Bench agrees that no part of the report might at this stage be disclosed.

CIC had also asked the Registrar on the "internal failures" in the Commission because of which the Complaint was not registered and even the CIC WH's note was ignored and not acted upon.

Even till 19.03 2009 (the date of issue of the order/decision) the Registrar had not made and submitted the report.

CIC has given him another 7 days to submit the report.

This just shows, that leave alone appellants/complainants like the General Public, the staff of the CIC does not even care about what their own boss says !

It will be worth watching what "view he takes as the CIC"

(Please refer to: Gandhi's Monkeys)

**karira** · 03-22-2009, 08:07 AM

As reported by zeenews.com on 21 March 2009:
Henderson-Brooks report on Indo-China war still classified: CIC

Henderson-Brooks report on Indo-China war still classified: CIC

New Delhi, March 21: The Henderson-Brooks report, an analysis of the 1962 Indo-China war, will remain confidential as the CIC has ruled against its disclosure under the RTI Act "at this stage".

A bench of Central Information Commission comprising Chief Information Commissioner Wajahat Habibullah and Information Commissioner M L Sharma said in its order -- "this division bench agrees that no part of report might at this stage be disclosed."

Former Rajya Sabha MP Kuldip Nayar had sought the report, which was submitted three decades ago to the government, from the Defence Ministry under the RTI Act but was refused saying that the report was classified and contained information which was sensitive.

The CIC examined the report "specifically in terms of its bearing of present national security."

"There is no doubt that the issue of India-China Border particularly along the North-East parts of India is still a live issue with the ongoing negotiations between the two countries on this matter," the CIC observed.

The Commission found that the report, which carried "considerable" detail of what precipitated the war between India and China, will seriously compromise both security and relationship between the two countries.

**karira** · 03-24-2009, 09:59 PM

As reported in hindu.com on 24 March 2009:
The Hindu News Update Service

CIC official registers former MP's complaint after two years

New Delhi (PTI): In a blatant disregard to their chief's order, officials of the Central Information Commission did not register the complaint of a Rajya Sabha MP even after repeated instructions from Wajahat Habibullah himself.

Terming the non-registration of the complaint as "internal failure", Chief Information Commissioner Habibullah has ordered the Registrar of the commission to complete the pending enquiry on the matter by March 31 and file a report before him.

"...the report expected from Registrar on the internal failure in processing Kuldip Nayar's complaint in the Commission has not thus far been submitted. He will now ensure its submission within seven working days of the date of issue of the Decision Notice," Mr. Habibullah said in his order.

Former Rajya Sabha member Kuldip Nayar, in December 2005, had demanded Henderson Brooks report, an analysis of the 1962 Indo-China war, from the Ministry of Defence. After two months, Mr. Nayar was informed that document is confidential and could not be provided to him under the RTI Act.

Mr. Nayar moved a complaint before CIC on February 18, 2006 with the prayer that "the matter might be sensitive at a particular time ... but not after 44 years." But the officials did not register it.