Central Information Commission
No.CIC/OK/C/2008/00897/AD
Dated: December 19, 2008
Name of the Appellant : Mr. P.C. George
(Poonjar)
Member
Kerala Legislative Assembly
Plathottam
Erattupetta-2
Kottayam
Kerala
Name of the Public Authority : The CPIO -RTI
Ministry of External Affairs
Government of India
South Block
New Delhi
Background
1. A request was made by the Complainant under the RTI Act on 31.5.08
for information about any agreement between India and Russia for carrying
out trade on special arrangement like Rupee-Rouble debt Agreement. The
CPIO sought information from the Eurasia Division on 22.7.08 regarding the
matter . The Deputy Secretary replied on 4.8.08 informing the CPIO that
India and Russia have the following Rupee-Rouble debt Agreements including
letters of exchange of :
(i) 28th January, 1993 and of 6th September, 1993 on state credits to India by
former USSR and
(ii) 12th November , 2007 for utilization of Rupee debt for Russian
investments in India.
The Deputy Secretary added that the Department of Economic Affairs,
Ministry of Finance, when requested for any further information regarding the
Rupee-Rouble debt Agreement, stated that the letters of exchange are
basically exchange of communications between high level dignitaries on
economic issues pertaining to two countries and that the copies of these
letters may not be provided to the Complainant under Section 8(1)(a) of the
RTI Act. This information was passed on to the Complainant by the CPIO vide
his letter dated 18.8.08.
First Appeal
2. A Complaint was filed on 30.8.08 by the Complainant before the
Central Information Commission and received by the CIC on 22.9.08. The
Complainant stated that the State of Kerala is entering into an Agreement
with Rosoboron Export Corporation, Russia whereby it is proposed to start a
Titanium Sponge Factory in Kollam District without Public Tenders which
would result in a huge loss to the State Exchequer besides enormous
extraction of minerals in the State. The Agreement is proposed to be
executed based on the letters of exchange for utilization of Rupee
debt for Russian investments in India. The Complainant further stated
that being an MLA, he has the right to know about details of any transaction
which would cause a financial loss to his State Government. The Complainant
alleged that without following any yardsticks, the Central Government fund of
approximately Rs. 1500 crores is proposed to be paid to the Rosoboron
Corporation seeking shelter under letters of exchange for utilization of
Rupee debt for Russian investments in India . He pleaded that the
criterion for disbursement of funds under the Scheme needs to be made
public so that there is accountability and that the details he asked for cannot
be denied under 8(1)(a) of the RTI Act. He requested that the copies of
th
letters of exchange of 28 January, 1993 and 6th September 1993 on
state credits to India by former USSR and of the letters of exchange
of 12th November , 2007 for utilization of Rupee debt for Russian
investments in India be provided to him
3. The appeal was scheduled for hearing before the Bench of Hon’ble
Information Commissioner, Smt.Annapurna Dixit on 19 December, 2008.
4. Mr. Pratap Singh, JS and CPIO, Mr. R. Gaurav Shresth DS(FSP) and
Mr. Digvijay Nath SO represented the Public Authority
5. Mr. Wills Mathews, who represented the Complainant, arrived late at
the hearing, after the Public Authority had left, because of a delayed flight
from Kolkatta.
Decision
5. The CPIO submitted that he had requested for information from the
Eurasia Division of the Ministry on the subject matter and had informed the
Complainant about the Division’s response and that he has nothing further to
add.
6. The Complainant submitted that he is requesting for the information
in public interest since it is his belief that the State would face financial loss
due to the venture. The Appellant expressed his apprehension that the
fluctuation in the value of the Rupee when seen together with the Rupee-
Rouble exchange rate agreed to in the letters of Exchange would result in a
huge financial loss to the State .
7. The Commission noted that the Ministry of External Affairs has denied
the information sought on the ground that it is exempted under Section
8(1)(a) of the RTI Act without clarifying how it will affect the economic
interests of the two countries.
8. The Commission would like to study the clarifications/explanations
provided by both the parties before taking further decision on disclosure of
the Letters of Exchange sought by the Complainant. The information to be
provided by both the parties within 15 days of receipt of this Order.
9. The Commission accordingly reserves its decision.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Mr. P.C. George
(Poonjar)
Member, Kerala Legislative Assembly
Plathottam
Brattupetta -2
Kottayam
Kerala
Mr. Pratap Singh
Jt. Secretary & CPIO – RTI
Ministry of External Affairs
South Block
New Delhi
Press E Group, CIC
Officer in charge NIC