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.
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.
Destroyed Netaji file: PMO asked to produce records
Giving its decision on the vexed issued of a destroyed PMO file on Subhas Chandra Bose's fate, the Central Information Commission has directed the Prime Minister's Office to provide documents sought by Mission Netaji.
Re: Destroyed Netaji file: PMO asked to produce records
PMO to disclose info on destroyed file on Netaji`s death: CIC
New Delhi, Aug 14: The Central Information Commission (CIC) has directed the PMO to disclose copies of documents relating to the destruction of a file on the probe into the death of Netaji Subhash Chandra Bose.
The order came on a Right To Information application of Delhi-resident Anuj Dhar, seeking copies of papers concerning the destruction, in 1972, of a PMO file titled "Investigation into the circumstances leading to the death of Sri Subhash Chandra Bose".
Dhar, an official of 'Mission Netaji' - a capital-based organisation - had sought certified copies of documents pertaining to destruction of the file which took place while a judicial inquiry on Netaji was on.
Taking note of two files, which had reference to the destruction of the file, as produced by the PMO during the hearing, Chief Information Commissioner Wajahat Habibullah directed the Prime Minister's Office to provide its copies to Dhar within a week.
Dhar while contending that there were "clearly" copies of documents relating to the file's destruction, had submitted before CIC various letters on Netaji's disappearance that were made available by the PMO to the Justice Mukherjee inquiry commission.
Earlier, the Central Public Information Officer of the PMO in response to Dhar's RTI plea had stated that the file was destroyed in 1972 during "routine process of review/weeding of old records."
Dhar's application which was originally filed with the Cabinet Secretariat on August 2 last year was transferred to the PMO.
RTI makes PMO release info about "Panditji's file" on Netaji
A CIC decision has led to partial disclosure by the PMO of papers relating to the destruction of an alleged file on the enquires made by former Prime Minister Jawaharlal Nehru about the whereabouts of Subhas Chandra Bose.
Re: RTI makes PMO release info about "Panditji's file" on Netaji
the info will remain till the time there's some real media hype on the matter. The political parties can also generate hypes but in this case they are not interested because this issue isnt going to get any votes to anyone.