CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/SM/A/2009/000545/LS
Dated : 24.2.2010
The Commission had heard the above cited matter on 19.10.2009. The
proceedings of the day are reproduced below :-
"Appellant : Ex. Sqn. Ldr. Vijay Prakash
Public Authority : Indian Air Force
(through Wg Cdr T. Sajjan; Wg Cdr R.
Mohanty & Wg Cdr K.K. Sharma)
Date of Hearing : 19.10.2009
Date of Decision : 19.10.2009
FACTS
:
By his RTI application dated 14.10.2008, the appellant had sought information
on 07 paras relating to the air accidents ever since 1990 of all types viz. Fighter,
Transport and Helicopters, of the Indian Air force; the causes thereof as
established in the Court of Inquiry and the remedial action taken by the
competent authority and the matters related therewith.
2. The CPIO had refused to disclose this information vide letter dated
25.10.2008. The Appellate Authority had affirmed the decision of the CPIO.
3. The present appeal is directed against the orders of the CPIO/AA.
4. Heard on 19.10.2009. Appellant not present. The public authority is
represented by the officers named above. Wg. Cdr. Sajjan produces the
comments dated 16.10.2009 of Shri J.N. Verma, Air Marshall (AA) which is
taken on record. He would forcefully plead that information sought by the
appellant is sensitive in nature and can not be disclosed in terms of clauses (a) &
(j) of section 8 (1) of the RTI Act. The appellant, however, is not before the
Commission to contest this claim.
INTERIM DECISION
5. In view of the above, the matter is adjourned to 9.11.2009 at 11.30 hrs.
A fresh notice may be issued to the appellant to appear before the Commission
and have his say in the matter, if so advised. Wg Cdr T. Sajjan is hereby
directed to produce information in regard to para (1) of the RTI application
before the Commission for perusal to determine whether clauses (a) & (j) of
section 8 (1) apply to it or not.
Sd/-
(M.L. Sharma)
Central Information Commissioner”
2. As scheduled, the matter was further heard on 9.11.2009. The
proceedings of the day are reproduced below :-
“This is in continuation of this Commission’s Interim Decision dated
19.10.2009. As scheduled, the matter is called for hearing today dated
9.11.2009. Appellant present. The following represent the Indian Air
Force :-
(i) Wg Cdr T. Sajan;
(ii) Wg Cdr K.K. Sharma
(iii) Wg Cdr S. Bhattacharjee
(iv) Flt. Lt. D. Pankaj
2. Wg Cdr Sajan produces a sealed envelope containing information
about the accidents of Air Force Air Crafts which have occurred since
1990. The document is perused and returned to Wg Cdr Sajan. Wg Cdr
Sajan would submit that this information can not be disclosed to the
appellant in supreme national interest and is exempted from disclosure
under clause (a) of section 8 (1) of RTI Act. He would also submit that
the Air Force essentially is a mission centric organisation where safety
aspect is also paid adequate attention. According to him, the accidents
basically take place due to 03 causes viz. (i) technical defects, (ii) human
error & inadequacy/failure of support services. As regards the technical
defects, he would submit that if the information regarding accidents due
to technical defects is placed in public domain, the national security will
be jeoparadised. Human error occurs due to the personal traits of the
Pilots; training deficiencies, if any, and the violation of SOP etc. The
Court of Inquiry contains all this information but disclosure thereof
would, again, jeoparadise national security. The same would hold good
for the deficiency in support services whether it is ATC or Fighter
Controllers etc. He, thus, forcefully pleads that information regarding
IAF Aircraft accidents should not be disclosed in the interest of national
security.
3. On the other hand, the appellant would plead that due to high
accident rate in the Indian Air Force, lives of a large number of budding
pilots have been lost, besides causing loss to the national resources and
lives of civilians. He would also submit that the presumption that the
findings of COIs are correct can not be taken on its face value. He would
also submit that it is not his intention to jeoparadise national security but
to expose the deficiencies in the system so that such accidents do not
recur in future and if at all, it happens, remedial action is taken at
appropriate levels. It is also his plea that a system should be put in place
whereby the superior echelons of the IAF are held accountable for their
acts of omission and commission. He would also suggest that COIs are
not always conducted fairly and, therefore, civilian element should be
introduced into the COIs for greater transparency.
4. When queried whether information regarding paras 02 and 06 of
the RIT application can be disclosed, Wg Cdr Sajan would request for a
short adjournment for consultations and formulating his opinion.
INTERIM DECISION
5. The matter is adjourned to 7.12.2009 at 1230 hrs.
Sd/-
(M.L. Sharma)
Central Information Commissioner”
3. However, keeping in view the sensitivity of the matter, the Commission
decided to solicit the views of the Ministry of Defence. Hence, letter dated
8.12.2009 was addressed to the Defence Secretary accordingly. The query raised
in the Commission’s letter was whether any information regarding the accidents
of the IAF Air Crafts had been tabled in the Parliament by the Central
Government. The MoD responded to it vide letter dated 28.1.2010. Para 02 of
the said letter is extracted below :-
“2. Comments of this Ministry on Paras 1, 2 & 3 of the RTI
application dated 14.10.2008 filed by Ex Sqn Ldr Vijay Prakash are as
follows :-
Para 1 :- While information in respect of date and time of Aircraft
involved in accidents have been mentioned in reply to Parliament
questions, the details of such accidents are not shared. Only the broad
category of the cause of accidents namely, Human Error (Aircrew),
Technical Defect, Bird Hit etc. is divulged. Copies of replies given in
respect of Parliament Questions recently are enclosed. Each aircraft
accident in the IAF is investigated thoroughly by a Court of Inquiry. The
Court of Inquiry studies the accident threadbare, identifies the cause and
recommends remedial/corrective measures. The findings of the Court of
Inquiry indicate weak areas/shortcomings and remedial actions. The
proceedings also contain an account of up-gradation/revision of
equipment/procedures which is a reflection of operational potential
preparedness and morale in the IAF. Therefore, providing details of such
accidents would lead to divulging critical information which would be
detrimental to the national security. In view of the above, it is opined that
although such information as date of accident, make of the aircraft etc can
be disclosed, however, details regarding Court of Inquiry should not be
revealed.
Paras 2 & 3 :- A Court of Inquiry into an aircraft accident of the IAF is
conducted as per the provision of the Rules and Regulations fo the Air
Force. A Court of Inquiry is conducted meticulously and is scrutinized at
various levels. Punishment is awarded to the guilty/defaulter and
corrective/remedial measures instituted to prevent recurrence of similar
accidents as per the recommendations made by the Court of Inquiry. The
kind and nature of departmental action is decided in accordance with the
degree of culpability/negligence of the erring individual, as established in
the Court of inquiry proceedings. Disclosure of the names of the
guilty/defaulting personnel and subsequent effect on their career as a
result of the accident has no relationship to any public activity or interest
and would also amount to unwarranted invasion of the privacy of the
concerned individuals and would adversely affect the morale of such
individuals. It serves no larger public interest. Therefore, the information
asked may be denied under provisions of section 8 (1) (j) of the RTI Act,
2005.”
DECISION
4. As noted above, we have heard the appellant and also the officers of the
Indian Air Force. The views of MoD have been extracted above. Needless to
say, the matter is highly sensitive in nature and impinges on the security of the
country. Any adventurism or cavalier approach in this regard would be counter
productive. It needs to be emphasized that the security scenario in our
neighborhood is hostile and is deteriorating by the day. It does not need much
wisdom and sagacity to realise that disclosure of requested information in its
entirety may enable the hostile forces to assess the air potential of the IAF which
would not be in best interest of the country.. Needless to say, the Ministry of
Defence is the watch dog of the security scenario in an around our country. What
would prejudicially affect the sovereignty and integrity of India and its security
and strategic interests is best left to MoD’s appreciation. It would not be proper
for the Commission to substitute its own judgment for that of MoD in such a
sensitive matter.
5. In view of the above, the Commission directs the CPIO to provide that
much information regarding Air Craft/Helicopter accidents as was tabled in the
Parliament by the Defence Minister on 13.7.2009, 9.12.2009 and 2.12.2009.
6. The order of the Commission may be complied with in 03 weeks time.
Order reserved and pronounced on 24th February, 2010.
Sd/-
(M.L. Sharma)
Central Information Commissioner
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.
(K.L. Das)
Assistant Registrar
Address of parties :-
1. Wg Cdr T Sajan
CPIO, Room No 160,
Air Hq, Vayu Bhawan,
Rafi Marg, New Delhi-110106
2. Ex Sqn Ldr Vijay Prakash
C/o Shri R.D. Sharma,
Shivhare Colony, Near Park,
Meera Nagar, Morar,
Gwalior-474006