GreaterKashmir.com: Srinagar:
Saturday, June 15, 2013.
An applicant
seeking passport details of pro-freedom leaders and former militants under
Right to Information Act has filed an appeal in the Ministry of External
Affairs after he was denied information by the authority.
The
applicant, who runs a non-governmental organization–Human Watch, had filed an
RTI query seeking “total figure of pro-freedom leaders including ex-militant
commanders who were issued and or denied passports by the Ministry of External
Affairs.” It had also sought details of applicants who had been denied
passports on the grounds that they were related to pro-freedom leaders,
activists and former militant commanders.
In response
to the query, the Chief Public Information Officer, Passport Office, Srinagar
stated: “The information sought falls under section 8 (1) (g) and (j) of the
RTI Act, 2005.”
However, the
authority in its reply has not mentioned why information could not be provided
to the applicant. “You are at liberty to file an appeal before first Appellate
Authority of Passport Office Srinagar,” the official response reads.
After
receiving an “unjustified” response from the authority, the applicant has filed
first appeal against the CPIO under Section 19 (1) of the RTI Act, 2005 in the
Ministry of External Affairs. “The applicant is aggrieved of the illegal,
unconstitutional and unjustified decision of the CPIO. I, the appellant, therefore
file this appeal for appropriate and impartial decision under law,” the appeal
reads.The Section 8(1) (g) of the RTI Act 2005 states that disclosure of
information can endanger the life and physical safety of any person or identity
the source of information or assistance given in confidence for law enforcement
or security purpose.
“The CPIO has
failed to explain how the disclosure of sought information would endanger the
life or physical safety of the leaders who were issued travel documents,” the
appeal reads.
It further
mentions, “While the champions of Kashmir cause [separatist leaders] have been
issue the travel document which is their legal right their supporters have been
denied passport.”
“Thus the
information I have sought is in the public interest, to know why thousands of
Kashmir youth are being deprived of this universal basic right.”
The appeal
reads that if the required information is again denied under the pretext of
Section 8 (1), the applicant would move the State High Court and file a Public
Interest Litigation under Article 226.
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