CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2007/01476 dated .2007
Right to Information Act 2005 - Section 19
Appellant - Smt. Gazala Yasmin
Respondent - Ministry of Home Affairs (Foreigner Divn.)
Facts
:
By an application of 24.6.07 Smt. Gazala Yasmin of Mohalla Khatkuiya,
Rampur, UP applied to the CPIO, Ministry of External Affairs (MEA), seeking the
following information:
“1. Was Shri Gyan Singh s/o Shri Arjun Singh was granted visa
to visit and stay in India in the year 2006. If yes, what was
the Number of Passport issued by Republic of Canada?
What was the date of issue of visa and for which period it
was valid for stay in India and on which date he left Canada
for India?
2. If Sh. Gyan Singh is resident of India, how he left for Canada
without Indian Passport, whereas he is still residing in
Canada?”
To this she received a response from CPIO Shri R. N. Kajla, Under
Secretary (CPV-RTI) dated 6.7.07 refusing the information as exempt from
disclosure u/s 8(1) (j). Aggrieved by this appellant moved her first appeal, in
response to which Ms Yasmin received the following orders from Shri R.
Swaminathan, Jt. Secretary(CPV) / Appellate Authority MEA dated 1.8.07 as
follows:
“The appeal has been examined. The details of the passport/ visa
of any individual cannot be disclosed to the applicant as this is a 3rd
party information. The PIO has rightly denied the information under
Section 8 (1) (j) of the RTI Act. It may be noted that passport is a
personal document. Moreover, no one is required to provide his/
her travel details etc to this Division. However, since some of
information sought is directly concerned with Ministry of Home
Affairs, I would direct the PIO to transfer a copy of application u/s 6
(3) (ii) to (1) Dr. R. K. Mitra, Deputy Secretary (Foreigners), & PIO,
Ministry of Home Affairs, Jaisalmer House, New Delhi and (II) Shri1
B. V. Gopinath, Director (Immigration), Jaisalmer House, New
Delhi.”
Consequently, CPIO Shri R. N. Kajla transferred this application on 2.8.07
to Shri V.P. Gopinath, Director (RNC) & CPIO, Ministry of Home Affairs. Shri V.
P. Gopinath in turn, through his letter of 22.8.07 informed Ms. Gazala Yasmin as
follows:
“It is regretted to inform that the requisite information regarding Shri
Gyan Singh’s departure from India to Canada as stated in Para 2 of
the application is not available in this office since this office does
not maintain such records. Further, the said information comes
under the purview of Section 24 (1) of the RTI Act, 2005 as the
information is maintained by an organization specified in Second
Schedule of the Act.
For the remaining information, the same may be sought from
Ministry of External Affairs.”
Against this Ms. Gazala Yasmin moved an appeal on 19.8.07 before the
Ministry of Home Affairs, Forensic Division, the Jt. Secretary of which refused the
information finding that it came within the purview of sec. 24(1) of the RTI Act.
Ms. Yasmin’s prayer before us in her second appeal is as follows:
“1. That orders issued by the CPIO, Ministry of Home Affairs
and Appellate Authority, Ministry of Home Affairs regarding
supply of information may kindly be set aside and CPIO Shri
B.B. Gopinath and Appellate Authority Shri Ashim Khurana,
Jt. Secretary (F) Home Ministry (Foreigners Division), New
Delhi be directed to supply the information sought by
appellant.
a) Was Shri Gyan Singh s/o Shri Arjun Singh was
granted visa by Indian Mission in Canada to visit and
stay in India in the year 2006.
b) If yes, what was the Number of Passport issued by
Republic of Canada?
c) period for which it was valid for stay in India?
d) What was the date of issue of visa to Shri Gyan
Singh and on which date he entered India?
e) When Shri Gyan Singh left India for Canada?
f) If Sh. Gyan Singh is resident of India, how he left for
Canada without Indian Passport, when in the months2
of January-February, 2006 he was in India and in the
month of August, 2007 he left for Canada?”
2. Home Ministry may kindly be directed to get the case of Shri
Gyan Singh investigated through I.B. or any other
investigating agency to find out as of which country Shri
Gyan Singh is resident? If he is resident of India, and he is
not in possession of any Indian Passport, how he is visiting
Canada and coming back to India. If he is resident of
Canada, how he is filing court cases in Indian Courts without
prior approval of Government of India. When he is getting
Old Age Pension from Canada Government, how he can be
a resident of India. What are his movements? Is he involved
in any Anti Indian movement or is he a member of any
banned terrorist group?”
The appeal was heard by videoconference. The following appeared before us on
9.2.2009:
Appellant
Sh. Suhel Ahmad Khan Authorized representative of Appellant
Smt. Gazala Yasmin.
Respondents
Shri Ashim Khurana, JS (Foreigners) MHA
Shri Anuj Sharma, Director (I&C) MHA
Shri Ashim Khurana, J.S. (Foreigners), MHA submitted that the point
pertaining to the MHA was with regard to the arrival and departure of Sh. Gyan
Singh. However, this information, although held by the Foreigners Division, is
communicated to them by an organization listed in the Second Schedule of the
Right to Information Act. The information, therefore, is not covered by that Act.
This Commission has upheld this argument in earlier case also namely Smt.
Chinta Jaiswal vs. Ministry of Home Affairs vide Decision No.,
CIC/WB/A/2007 /00344 dated 21.8.2008
Shri Suhel Ahmad Khan, representing appellant on the other hand
submitted that his only requirement was to know whether there is such a citizen
of India known as Shri Gyan Singh s/o Shri Arjun Singh and, if he resides in
Canada whether he is a Canadian national or an Indian national. This information
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can be obtained by appellant either by informing her of issue of any passport in
favour of Shri Gyan Singh by the Govt. of India without disclosing any details
which could be construed as invasion of privacy and, therefore, exempt u/s 8(1)
(j) or informing her of any visa issued by the Embassy of India in Canada in
favour of Shri Gyan Singh again without disclosing the details.
Before we can decide on this issue, therefore, it became necessary to hear
the Ministry of External Affairs. This hearing was, therefore, adjourned to
18.3.2009 at 4.30 p.m. through videoconference. CPIO, Foreigner Division, MHA
need not appear. However, appellant Ms. Gazala Yasmin or her authorized
representative and CPIO (CPV-RTI), MEA will be present.
Accordingly, the following appeared before us on 1.4.2009:
Appellant at NIC Studio, Rampur
Sh. Suhel Ahmad Khan representing Appellant
Respondents at CIC Studio, New Delhi.
Shri Anuj Sharma, Director, MHA
Shri D. K. Sharma, US (PV-RTI) / CPIO, MEA
Shri D.K. Sharma, CPIO, MEA submitted that appellant had been informed
that no passport had been issued in favour of Shri Gyan Singh for the last ten
years. However, to confirm that Shri Gyan Singh was indeed a foreign national,
it will be necessary to determine whether visa was issued to him by our Mission
in Canada which has maintained a record of such issues only w.e.f. 2007. Such
information, however, would not cover information on visas issued for a ten year
period, which would be still active.
Shri Suhel Ahmad representing appellant informed that he has already
learned from the Passport Office that Shri Gyan Singh has not been issued any
passport. Shri Gyan Singh, however, is reported to have visited India in January,
2008 and appellant wished to know that if he had so visited, did he do so on a
Canadian or other passport.
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DECISION NOTICE
Under Sec. 2(j) of the Right to Information Act the right to access to
information means only such information as is ‘held by or under the control of a
public authority’. As confirmed by Sh. D. K. Sharma, such information is held by
India’s High Commission in Canada. The issue that comes up here then is the
same as has been argued by the CPIO in refusing the information in the first
instance as to whether disclosure of any information with regard to issue of visa
would be in violation of sec. 8(1)(j). If indeed Sh. Gyan Singh is not a holder of
Indian passport and a foreign national visiting India, such information cannot be
withheld from an Indian citizen who holds a right to information u/s 3 of the Right
to Information Act, 2005. CPIO Shri D. K. Sharma, Under Secretary (CPV) will,
therefore, obtain and supply to Ms. Gazala Yasmin the information on
whether a visa was issued since 2007 in the name of Shri Gyan Singh s/o
Shri Arjun Singh and if confirmed, on what passport. He will give her the
information regarding whether visa was issued in 2007 within twenty working
days from the date of issue of this Decision Notice.
The appeal is thus allowed in part. There will, however, be no cost since
there was a genuine issue of application of law with regard to this case requiring
appellant to modify her request in appeal to obtain the information required.
Announced in the hearing.
Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
1.4.2009
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Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges, prescribed under the Act, to the CPIO
of this Commission.
(Pankaj Shreyaskar)
Joint Registrar
1.4.2009
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