The Wire: New Delhi: Tuesday, January 30, 2018.
Citing
“security concerns”, the PMO had earlier denied the request made by the
appellant under the RTI Act.
Despite
repeated attempts by the Prime Minister’s Office (PMO) to deny information
about the dignitaries and businessmen who accompanied Prime Minister Narendra
Modi on official trips abroad citing “security grounds”, the Central
Information Commission (CIC) has directed it to provide the “name/list of the
private persons (who do not have any connection with the security) and who
accompanied the Prime Minister on his international visits at public cost
during 2014 to 2017″.
The order of
CIC RK Mathur is based on a petition filed by Neeraj Sharma, who, in July last
year, had sought the “list of CEOs of private business, owners or partners, private
business officials, etc. who accompanied Prime Minister Narendra Modi to
international visits”.
Sharma had
also asked for the “selection procedure” involved in shortlisting these
business persons. He asked for “a certified copy of the note sheet indicating
noting by PM, various officials, emails, letters, directions and/ or
instructions issued to the concerned authority or subordinate staff as a follow
up action” to the selection of these people being selected to accompany the PM
on his foreign tours.
‘Security
grounds’
In its
response, the PMO’s central public information officer had on September 1,
2017, stated that “while information regarding the PM’s foreign and domestic
visits is available on PMO website – http://www.pmindia.gov.in, it may be noted
that information regarding members of the delegations accompanying hon’ble PM
on domestic and foreign tours cannot be disclosed on security grounds as the
same in exempted from disclosure under relevant provisions of RTI Act, 2005″.
Not satisfied
with the response, especially since it was silent on the “selection procedure”,
Sharma, in his second appeal filed on September 29, 2017, complained that the
information sought by him had “not been provided” and that the PMO officials
were “deliberately delaying the response to his RTI application by giving an
interim reply”.
In his order,
Mathur recorded that the appellant had contended that “there is no provision in
the RTI Act for giving interim reply”. Further, he noted that Sharma had
complained that the “sought for information has not been furnished to him”.
Sharma also
stated that if the information was not available with the respondent, they
should not have kept the RTI application pending for such a long time.
The chief
information commissioner recorded that as per the appellant he had only been
provided information on the first point raised by him and not the others.
No
information on website
Sharma had
submitted that he was informed by PMO that the list of CEOs of private
business, owners or partners, private business officials etc who accompanied
Prime Minister Narendra Modi on his international visits was available on their
website. However, Sharma said when he looked up the website, he did not find
any such information there.
Manmohan
Singh era more transparent
Sharma also
stated that he had been informed that the list of members of delegation
accompanying the prime minister on domestic and foreign tours cannot be
disclosed on security grounds as the same is exempt under section 8(1)(a) of
the RTI Act. However, he said the same information was available on the website
during the tenure of former prime minister Manmohan Singh.
Moreover, Sharma
said he had also not been provided information on the procedure for selection
of the delegation. He insisted that section 8(1)(a) is not applicable in this
matter as no tenable reasons of denial had been given by the respondent.
PMO’s
contradictory views
In its
response, PMO had stated that the delegation members are seen on TV channels
and their names are mentioned in newspapers during the visit. At this, Sharma
had asked that if the delegates can be seen on the media, what are the security
concerns?
Sharma also
stated that the visit of private delegation members is paid for through public
money. Hence, their names and the procedure for their selection should be
disclosed and be available in the public domain. He also clarified that he is
not seeking details of the full delegation, including the accompanying
diplomats and the personnel of the Special Protection Group.
In light of
all these facts, the CIC upheld Sharma’s plea and ordered that the PMO provide
him the list of “private persons (who do not have any connection with the
security)” and that the action be taken within 30 days of receipt of the order.
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