Bar and Bench: Delhi: Tuesday, 12 March 2024.
Swamy had filed the RTI application in November 2022 and sought the details regarding Chinese incursions into Indian territory from the Ministry of External Affairs, Ministry of Home Affairs and Ministry of Defence.
The Central Information
Commission (CIC) today directed the Central government to respond to former
Rajya Sabha member Subramanian Swamy's application under Right to Information
(RTI) Act for disclosure of information related to any illegal incursions by
China since 1996.
Swamy in the RTI application filed in November 2022 had sought details regarding the illegal incursions along Line of Actual Control (LAC) and any cession of land to China since 1996 and 2014.
Dissatisfied with the response received from the Centre, Swamy had filed a second appeal before the CIC.
In the decision on Swamy's appeal today, Chief Information Commissioner Heeralal Samariya directed the Public Information Officer (PIO) of the Ministry of External Affairs (MEA) to revisit Swamy's RTI application and provide point-wise response to his queries.
"Upon hearing averments of the contesting parties and after perusal of records of the case, the Respondent PIO, MEA is hereby directed to revisit the RTI Application and furnish a point wise revised reply to the queries raised by the Appellant within four weeks of receipt of this order," Samariya ordered.
The CIC further directed the MEA to submit a compliance report before the Commission within one week thereafter.
Swamy had sought information on following aspects:
In response, the MEA told the CIC that it furnished the information held in the official records, in April 2023.
In answer to his certain questions, the MEA had provided Swamy the copies of answers given by Defence Minister to the Parliament.
Due to the alleged delay in disposing of his appeal before the CIC, Swamy last year had approached Delhi High Court too.
On October 09, 2023, the Court had issued notice to the Union government and CIC. The petition is still pending before the High Court, with the next date of hearing on April 4.
Swamy before the High Court had contended that information sought by him is crucial as it pertains to the sovereignty and integrity of the nation.
Advocates Vishesh Kanodia and Vaidushya Parth represented Swamy before CIC
Swamy had filed the RTI application in November 2022 and sought the details regarding Chinese incursions into Indian territory from the Ministry of External Affairs, Ministry of Home Affairs and Ministry of Defence.
Swamy in the RTI application filed in November 2022 had sought details regarding the illegal incursions along Line of Actual Control (LAC) and any cession of land to China since 1996 and 2014.
Dissatisfied with the response received from the Centre, Swamy had filed a second appeal before the CIC.
In the decision on Swamy's appeal today, Chief Information Commissioner Heeralal Samariya directed the Public Information Officer (PIO) of the Ministry of External Affairs (MEA) to revisit Swamy's RTI application and provide point-wise response to his queries.
"Upon hearing averments of the contesting parties and after perusal of records of the case, the Respondent PIO, MEA is hereby directed to revisit the RTI Application and furnish a point wise revised reply to the queries raised by the Appellant within four weeks of receipt of this order," Samariya ordered.
The CIC further directed the MEA to submit a compliance report before the Commission within one week thereafter.
Swamy had sought information on following aspects:
- What extent of the sovereign land of the Republic of India has been acquired by the People's Republic of China by India, across 1996 mutually agreed upon Line of Actual Control? Kindly provide a map of the same.
- What extent of India's sovereign land has been ceded to China due to further creation of buffer zones or "no man's land", across the mutually agreed upon Line of Actual Control in 1996? Kindly provide a map of the same.
- What extent of India's sovereign land has been ceded to the People's Republic of China since 2014? Kindly provide a map of the same, each year wise.
- What extent of India's Sovereign land has been lost due to the further creation of buffer zones or "no man's land" since 2014? Kindly provide a map of the same.
- Under what agreement or otherwise India had ceded the Aksai Chin region to China? If so, kindly provide documentation of the same, including the area ceded.
- How many times, and on what dates has there been Chinese military illegal incursions over Indian territory across the mutually agreed upon Line of Actual Control between the countries since 1996? Kindly provide details of the same.
- How many people have been displaced in India due to the creation of buffer zones or no man's land, or ceding of India's territory, since the drawing of the mutually agreed upon Line of Actual Control between the countries since 1996? Kindly provide details of the same.
In response, the MEA told the CIC that it furnished the information held in the official records, in April 2023.
In answer to his certain questions, the MEA had provided Swamy the copies of answers given by Defence Minister to the Parliament.
Due to the alleged delay in disposing of his appeal before the CIC, Swamy last year had approached Delhi High Court too.
On October 09, 2023, the Court had issued notice to the Union government and CIC. The petition is still pending before the High Court, with the next date of hearing on April 4.
Swamy before the High Court had contended that information sought by him is crucial as it pertains to the sovereignty and integrity of the nation.
Advocates Vishesh Kanodia and Vaidushya Parth represented Swamy before CIC
.JPG)
.JPG)
