E-Pao.net: New Delhi,: Tuesday, May 30, 2017.
The Central
Information Commission (CIC) has allowed the Union Home Ministry to withhold
information about a 2015 peace accord between the Centre and the Nationalist
Socialist Council of Nagaland.
RTI activist
Venkatesh Nayak had sought details of the "Framework Agreement"
between the Government of India and the Nationalist Socialist Council of
Nagaland Isak-Muivah (NSCN- IM) on August 3, 2015 .
RN Ravi,
Chairman, Joint Intelligence Committee and Interlocutor, told the CIC the
ground situation was "sensitive and fragile", and the "premature
release" of the information would be "prejudicial to National
security" .
"The
Government does not wish to lose the gains arising out of the Framework
Agreement," Chief Information Commissioner RK Mathur quoted Ravi as
saying.
The
transparency panel took a dig at the Ministry, pointing out that it had taken
the Ministry months to identify that the records related to the agreement were
under the Joint Intelligence Committee.
Information
seeker Nayak claimed that a press release after the agreement was signed had
said the "details and execution plan" would be released shortly.
But even
after 18 months, the information was still not out.
He said the
extension of the Armed Forces Special Powers Act in the region last December
buttressed the argument that that there was a gap between "official
talk" and the situation on the ground.
This was why
it was necessary to put out "authentic information" on the agreement
for the general public, Nayak said.
He said there
was growing uncertainty among the neighbouring States about the contents of the
Framework Agreement "which clearly indicates a state of confusion
prevalent among the voters of the North-East".
Mathur noted
in his order that the complainant stressed the need to disclose the details of
the agreement for "public interest".
He said Nayak
asserted that what could be disclosed to a legislature or Parliament could not
be denied to a citizen under the RTI Act.
"The
Framework Agreement had been discussed by the interlocutor with the legislators
of Nagaland and the same is, therefore, liable to be disclosed to the general
public," Nayak told the Commission.
Mathur said
while Nayak emphasised the immediate need for transparency for peace in the
North East, Ravi said the Framework Agreement was in place, but the final
agreement was yet to be arrived at.
"In the
present case, the sovereignty and integrity of India and the security and
strategic interests of the State may be prejudicially affected.
The public
interest served by non-disclosure has to be weighed against the immediate
public interest of disclosure," Mathur said in the order.
He said an
immediate disclosure would inform the public and all stakeholders about the
current status and "thus help to develop an understanding and trust in the
Government and promote peace in the North-East region" .
But between
the two "competing public interests", the Commission concluded that
withholding information at this stage would help the Government solve a long
standing issue and bring about peace and prosperity.
"This
option is, therefore, more beneficial and is accepted by the Commission,"
it said.