CENTRAL INFORMATION COMMISSION
Appeal No. CIC/SS/A/2009/000046 dated 2-12-2009
Right to Information Act 2005 - Section 19
Appellant: Shri Abdul Karim Rawthar;
Respondent: Intelligence Bureau (IB)
Decision announced 7.9.2010
FACTS
By an application of 13-6-2009 Shri Abdul Karim Rawthar of
Pathanamthidda, Kerala applied to the S.P. (Immigration) Cochin
International Airport seeking the following information:
From a document filed with the Hon’ble Ombudsman for Local
Self Government in case number 1134/2008 it is found that one
Mr. Jogi Jacob s/o Elappunkal Pothan Chacko of Vettickal
Puthuparambil House, Paduthodu P.O., Pathanamthitta, Kerala
holder of Indian Passport No. E-3363845 issued at Kuwait has
travelled from Cochin International Airport on 22-2-2206. A
photocopy of the relevant page of the passport showing the seal
of Cochin Air Port is enclosed herewith for your reference.
It is pertinent to note that the said Jogi Jacob left Muscat on the
same day and has attended some officials at Pathanamthitta
District and has left for abroad on the same day. The travelling
entries as shown in the passport cannot be true as it is
impossible.
Therefore, kindly let me know whether there is any official
records in your custody showing the departure of the said Jogi
Jacob on 22-2-2006 from the Cochin International Air Port in
conformity with the seal of the Cochin Airport showing on the
passport copy attached herewith.
To this he received a response on 8-7-2009 from Shri Arvind Deep, Dy.
Director (IB) informing him of the fact that the Intelligence Bureau is listed in
the 2nd Schedule and is, therefore, outside the purview of the RTI Act as per
Section 24 (1). Shri Rawthar then moved an appeal before the officer senior
to PIO, Immigration, Cochin International Airport pleading that the appellant
sought information from the information officer “in relation to the immigration
at the Cochin International Air Port, and not to the Intelligence Bureau. The
Bureau of Immigration and the Intelligence Bureau must be different.”
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This was responded to by the Jt. Director (IB) Shri Arun Chaudhry as
Appellate Authority again informing appellant Shri Rawthar as follows:
Your above appeal has again been carefully considered. It has
been noticed that there is no involvement of corruption or human
right violations on the part of Immigration on the issues raised by
you. Hence, it is regretted that the information sought cannot be
provided as IB is exempted from providing any information /
details on the subject as per the provisions of the RTI Act 2005,
Chapter VI, Section 24 (1) and Second Schedule of the RTI Act,
2005.
This has brought Shri Rawthar to his second appeal before us in which
his plea is as follows:
The appellant believes that the information sought can be
provided with as it is to be used in a corruption case.
Further, the Immigration Bureau is different from the
Intelligence Bureau.
DECISION NOTICE
The office of Bureau of Immigration is in fact a branch of Intelligence
Bureau. The contention of PIO Shri Arvind Deep is, therefore, correct.
Although, appellant Shri Rawthar has indeed alleged in his second appeal
before us that the matter was “to be used in a corruption case” his original
application in no way pertained to any allegation of corruption. His plea
consistently has been that the Immigration Bureau is different from the
Intelligence Bureau, which in fact it is not. The appeal is, therefore,
dismissed. If there is indeed any information required from Bureau of
Immigration pertaining to an allegation of corruption, appellant will be free to
move a fresh application before the CPIO u/s 6(1) describing such an
allegation, which will be dealt with on merits.
Announced in open chamber on this seventh day of September, 2010.
Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
7-9-2010
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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 K.P. Shreyaskar)
Joint Registrar
7-9-2010
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