"Can't Provide Details Of Prime Minister's Entourage": IAF Moves Delhi High Court Against CIC Order Directing Disclosure Under RTI Act

The petition has been filed by the CPIO, Directorate of Personal Services, Air Headquarters Indian Air Force against an order dated July 8, 2020, directing the CPIO to provide details of relevant Special Flight Returns-II to an RTI applicant (Respondent), within 15 days to Commodore Lokesh K. Batra (Retd) 

The CPIO has submitted that Special Flight Returns-II relates to official records of functioning and working of the security apparatus of the Prime Minister of India which cannot be brought in public domain for safety and security reasons.

"The information so sought includes details related to the entire entourage, names of Special Protection Group (SPG) personnel accompanying the Hon'ble Prime Minister of India on foreign tours for his personal safety, and the same, if disclosed, can potentially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State," the Petitioner submitted.

It is asserted that the information sought by the Respondent is extremely sensitive and is exempted from disclosure under Section 8(1)(a), 8(1)(e) & 8(1)(g) of the RTI Act.

"The Central information Commission made grave error in Law as well as on facts as it ignored that the details of the SPG is explicitly exempted from the purview of the Right to Information Act, 2005 by the virtue of section 24(1) read with the Schedule II of the Right to Information Act, 2005," the Petitioner said.

It was further pointed out that such disclosure may lead to identification of a) the source of information, or b) assistance given, in confidence for law enforcement or security purposes, which are exempt from disclosure under Section 8(1)(g) of the RTI Act.

CIC Order

"In view of the foregoing, Commission directs the CPIO to provide the certified copies of available and relevant SFR II as sought in the RTI Application after severing the name & other relevant identifying particulars of the security/SPG personnel figuring therein. The severance of record is to be followed in consonance to the provisions of Section 10 of the RTI Act. The said information shall be provided free of cost the Appellant within 15 days from the date of receipt of this order and a compliance report to this effect be duly sent to the commission by the CPIO. The appeal is disposed of accordingly."

The petition is filed through Advocate Rahul Sharma.