CIC orders disclosure of records of Agusta deal

The Hindu‎‎: New Delhi: Friday, May 27, 2016.

The Commission seeks details of the bank guarantee amount returned by company to India.

The Central Information Commission (CIC) has directed the Defence Ministry to disclose some records related to the AgustaWestland deal, including the opinion of the Attorney-General on returning procured choppers and records related to court proceedings in Italy.

The Commission has also sought records related to the termination of the deal to be presented before it in camera for its perusal before deciding whether they can be disclosed under the RTI Act or they attract its exemption clauses.

“The Commission will examine application of Section 8(1)(a) and (h) in claiming exemption from disclosure of files and documents by the Central Public Information Officer (CPIO). It will also take a decision, if required on applying severability clause under Section 10 of RTI Act in respect of any portion of the document/files,” Information Commissioner Divya Prakash Sinha said.

Hearing the plea of activist Subhash Agrawal, Mr. Sinha ordered the Defence Ministry to provide details of the bank guarantee amount returned to India.

“MoD is directed to provide a copy of the Attorney-General’s opinion on sending back already procured helicopters...provide details of court cases in Italian courts in which India is a party,” he said. Mr. Sinha ordered the Ministry to provide names of Italian advocates/law firms hired to represent India.

RTI application

Responding to the RTI application of Mr. Agrawal, who had sought information on various points of the controversial deal for 12 VVIP helicopters from AgustaWestland in which allegations of corruption have surfaced, the Defence Ministry has cited the ongoing CBI investigation to deny the information.

“The CPIO stated that the CBI investigation in connection with the alleged scam relating to VVIP/VIP Helicopter deal is still continuing. The CBI has time and again advised the MoD that disclosure of any information related to this case will impede the process of investigation and disclosure of the same is exempt under section 8(1)(h),” Mr. Sinha noted.