Delhi High Court Seeks Centre’s Response On Subramanian Swamy’s Plea Seeking Information On ‘Chinese Encroachment’ On Indian Territory

The Delhi High Court on Monday sought response of the Union Government on a plea moved by former Rajya Sabha MP Subramanian Swamy seeking information regarding “Chinese encroachment” on Indian territory under the Right to Information Act, 2005.

Justice Subramonium Prasad issued notice to the Union Government through Ministries of Home Affairs, Defence and External Affairs; Central Public Information Officer and the First Appellate Officer.

Swamy has sought expeditious disposal of his RTI second appeal before the Central Information Commission. He has also sought direction on the respondent authorities to give a effective response to his RTI application that he filed on November 10 last year.

Swamy filed the RTI application seeking information on the extent of “Sovereign Land of the Republic of India”acquired by the People's Republic of China” across 1996 mutually agreed upon Line of Actual Control and to provide a map of the same.

He also sought information on the extent of India’s sovereign land has been ceded to the People's Republic of China since 2014.

It is Swamy’s case that his RTI application was transferred between various departments even after the expiry of the timeline as per the RTI Act. He then filed a first appeal in January which was also transferred between various departments and thus, he received no effective resolution.

In his plea, Swamy ha said that he filed a second appeal in March. However, he received a letter dated the Ministry of External Affairs informing him that his appeal was again transferred.

“Shortly after the Second Appeal was registered, the Petitioner sent a letter to the Chief Information Commissioner, requesting him to hear the Second Appeal expeditiously, vide letter dated 27th March 2023, to which the Petitioner never received a response. The Second Appeal is pending with the Respondent No. 1 till date, without having been heard even once,” the plea states.

It adds that as per law laid down by various High Courts, the CIC is under an obligation to dispose of all the second appeals under the RTI Act within a period of 45 days.

He has submitted hat the information sought by him is crucial information pertaining to the sovereignty and integrity of the nation and that the relevance and requirement of the information will be defeated by delay.

The matter will now be heard on January 08.

Swamy is assisted by Advocate Satya Sabharwal.

Title: DR SUBRAMANIAN SWAMY v. UNION OF INDIA AND ORS.