Cannot intervene in Netaji-R&AW case, says CIC

[Anuj Dhar]

12 April 2007

Refusing Mission Netaji's plea to review its decision in Netaji-R&AW case, the Central Information Commission (CIC) has stated that it has "no jurisdiction to pass any orders/decisions" to India's external intelligence agency Research and Analysis Wing (R&AW). The CIC has stated in a letter issued on 9 April 2007 that R&AW, which figures in the in the Second Schedule of the RTI Act, is beyond its preview, unless the matter involves allegation of corruption and human rights violation.


Details

[Anuj Dhar]

http://www.hindustantimes.com/Redir.aspx?ID=9058d107-e2a4-4064-b423-98ede4c8ecbd

RAW exempted from information disclosure on Netaji
New Delhi, April 15, 2007

The Central Information Commission has turned down for the second time a man's request under the RTI Act seeking disclosure of information by the Research and Analysis Wing over its records available on Subhash Chandra Bose.

The Commission while rejecting the information request filed by one Anuj Dhar, a resident of the capital, said that RAW is exempted from disclosing information under the Act.

"Research and Analysis Wing of the Cabinet Secretariat is mentioned in the Second Schedule (of RTI Act) and hence CIC has no jurisdiction to pass any orders/decisions in respect of disclosure of any information or files etc in possession of this organization", the Commission said.

The Commission, in its order passed last week rejected Dhar's review plea where he had sought revision of its earlier decision passed in January this year.

The CIC in its order of January 29 had disposed of a RTI complaint filed by Dhar seeking information from Cabinet Secretary over disclosure of records held by RAW on Bose.

The Commission while denying disclosure of the information had said that RAW was beyond the purview of RTI Act adding that such details could only be divulged if it concerned allegations of corruption or human right violations.

In his review plea placed with the CIC, Dhar contended that Cabinet Secretariat, which in its response of January 19 had denied possession of any information on Bose, was not true.

He further pointed out that withholding information on Bose would amount to human rights violation and thus such details should be made open to the public.

Dhar has also filed an RTI application with External Affairs Ministry seeking copies of correspondance between India and Russia over the disappearence of Bose.