The Central Information Commission has directed the Defence Ministry to revisit its decision to withhold records pertaining to the Agnipath military recruitment scheme under the Right to Information Act and provide the revised information/reply as per applicable exemption of the RTI Act.

In reply to an RTI application, submitted by activist Vihar Durve, seeking comprehensive information about the 'AGNIPATH' Scheme, the Defense Ministry stated that the files were classified as "secret" and cannot be disclosed under Section 8(1)(a) of the RTI Act.

The Central Public Information Officer of the Defence Ministry furnished a reply to the Appellant on 29.07.2022 stating as under:

“Reference your RTI application, the file wherein approval for Agnipath Scheme is accorded is classified as "Secret". Hence, your RTI application is rejected under section 8(1) (a) of the RTI Act-2005.”

Durve in his RTI Application dated June 15, 2022, sought the following information:

“1) Furnish me with complete details (including details of discussions with all stakeholders) of correspondence, records, information, emails, (with file noting) etc for introducing 'AGNIPATH' scheme for recruitment of youth in the Armed Forces.

2) Furnish me about details (including details of discussions with all stakeholders) of correspondence, records, information, emails, (with file noting) etc for introducing Agniveers to be enrolled under respective Service Acts for four years

3) Furnish me about details (including details of discussions with all stakeholders) of correspondence, records, information, emails, (with file noting) etc for introducing Attractive monthly package with Risk & Hardship allowances as applicable in the three Services

4) Furnish me about details (including details of discussions with all stakeholders) of correspondence, records, information, emails, (with file noting) etc for introducing One time 'Seva Nidhi' package to be paid to Agniveers upon completion of engagement period of four years.”

The section referred to allows a public authority to withhold information, the disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign States or lead to the incitement of an offence.

Being dissatisfied by the CPIO's response, Durve filed a First Appeal on 17.08.2022. However, the FAA vide its order dated 09.09.2022, upheld the response of the CPIO.

Thereafter, feeling aggrieved and dissatisfied, Durve approached the Commission with a Second Appeal.

During the hearing, he pleaded that there is no word of secret in the exemption mentioned under section 8 (1) (a) of the RTI Act as claimed by the respondent. Therefore, the same was not applicable in this case.

However, the respondent while defending their case inter alia submitted that information sought by the appellant was classified as confidential, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State.

Accordingly, they claimed exemption under section 8 (1) (a) of the RTI Act.

Durve argued that the word 'secret' is nowhere in the exemption clause under which information could be denied to an applicant. He said merely stating that a piece of information was secret was not enough to deny the information by invoking Section 8(1)(a) of the Act.

Information Commissioner Vinod Kumar Tiwari noted, “Perusal of the records further revealed that the respondent had denied the information, but they failed to explain as to how the exemptions claimed by them would be applicable in this instant case.”

“In view of the above observations, the respondent is directed to revisit the RTI application and provide the revised information/reply as per applicable exemption of the RTI Act, within three weeks from the date of receipt of this order,” he added while disposing of the appeal.

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