In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/901617
Date of Hearing : January 27, 2011
Date of Decision : February, 9, 2011
Parties:
Applicant
Shri Rohit Khosla
A32, Oriental Apartments
Plot No.50
Sector 9
Rohini
Delhi 110 085
The Appellant was heard through audio
Respondent
National Institute of Malaria Research
Pocket14, Sector8
Dwarka Phase – 1
New Delhi
Represented by : Shri Ram Dev, CPIO; Dr.R.C.Dhiman, Appellate Authority. Dr.P.K.Mittal, Scientist
F, Dr.T.Adok, ScientistF and Dr.M.S.Malhotra, Sci.F
Third Party
M/s.Biotech International Ltd.
Vipps Centre
2 Local Shopping Centre
Block – EFGH
Masjid Moth
Greater KailashII
New Delhi 110 048
Represented by : Ms.Kanika Agnihotri, Advocate
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
The Commission directs PIO NIMR to provided information for the year 1992 only.
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/901617
Adjunct to Captioned Order dt.6.1.11
1. The Decision in the captioned order is given below:
….. The Commission in the light of the arguments put forth by both sides and also of the submission
of M/s Biotech International Limited that the information should not be disclosed is of the opinion that
M/s Biotech International Limited should be provided with an opportunity to be heard by the
Commission before a decision is taken on whether to disclose the information or not. The
Commission therefore directs the three parties ie. M/s Biotech International Limited, the Appellant
and the Respondents to appear before the Commission at 10.30 am on 27.1.2011 (in the chamber
of the undersigned at Club Building, Old JNU Campus, New Delhi 110 067)for another hearing on the
matter along with their detailed written submissions . A copy of this order may be forwarded by the
PIO, NIMR to the concerned official of M/s Biotech International Limited.
Decision
2. During the hearing on 27.1.2011, the Respondents placed new facts on record before the
Commission. According to them in 1992, the Ministry of Health & Family Welfare, GOI had imported
the BTI(WP) and had passed on the same to MRC (now NIMR) for conducting Field Tests in order
to assess its efficacy and that the tests were conducted as per the Ministry’s request. The fact that
M/s Biotech International had no role at all in this complete exercise, as maintained by the
Respondents , was taken on record by the Commission. However, it was also noted from the
subsequent submission from the Respondents that in the year 2006, M/s Biotech International had
indeed imported BTI (WP) and had passed on the same to NIMR for testing.
3. The Appellant therefore was contacted over the phone to ascertain which year data he is seeking –
of 2006 or 1992. The Appellant insisted on being provided only with data on tests conducted by
MRC (Malaria Research centre) in 1992 and categorically stated that he is not interested in the
2006 data. According to the Respondents the results of 1992 tests have already been publishedand the same are available in the public domain.
4. At this stage it was brought to the attention of the Commission that the Appellant had also filed
another RTI application seeking data on BTI(WP) imported by M/s.Biotech International. The
Appellant however reiterated that he is not interested in any other data except that of tests
conducted in 1992. It was therefore agreed to by all parties including the Appellant that no RTI
application from the Appellant on this subject of BTI(WP) seeking any other information besides the
1992 data will be entertained by the Public Authority.
5. The representative of the third party M/s.Biotech International who was directed to appear for the
hearing by the Commission requested for a period of one week to formulate her written submission
to the Commission, which could not be done so far because of non availability of the
documentation related to the case. It was accordingly agreed that the third party would submit
their written submission by 6.2.11 to the Commission.
6. Not having received any inputs from the third party till 9th February, 2011, the Commission decided
to dispose of the matter based on submissions on record and on the oral submissions of all parties
during the hearing.
7. The Commission accordingly directs the PIO, National Institute of Malaria Research to provide the
information as sought by the Appellant only for the year 1992 and not any other data as agreed to
during the hearing. This information to be provided by 10 March, 2011. The third party M/s.Biotech
International as already observed by the Commission during the hearing has no role to play in
respect of disclosure of data for 1992 being sought by the Appellant.
8. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Rohit Khosla
A32, Oriental Apartments
Plot No.50
Sector 9
Rohini
Delhi 110 085
2. The Public Information Officer
National Institute of Malaria Research
Pocket14, Sector8
Dwarka Phase – 1
New Delhi
3. The Appellate Authority
National Institute of Malaria Research
Pocket14, Sector8
Dwarka Phase – 1
New Delhi
4. M/s.Biotech International Ltd.
Vipps Centre
2 Local Shopping Centre
Block – EFGH
Masjid Moth
Greater KailashII
New Delhi 110 048
5. Officer Incharge, NIC