CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/SM/A/2009/001310/LS
Appellant : Shri Salil Kapat
Public Authority : Ministry of Defence
(through Dr. D.K. Tyagi, Dir. Air-(II), Smt.
M.V. Bhanumati, Dir. IC (III) & Shri S.D.
Banga, Dy. Sect. (MS)
Date of Hearing : 11.11.2009
Date of Decision : 11th & 12th Nov, 2009
FACTS
:
By his RTI application dt. 03rd February, 2009, the appellant had sought
huge information about the Indian Defence Estt. on 12 paras which are
reproduced below:-
“1. News agencies reported on 21/06/1995 that, then Indian Defence
Secretary, Mr. K.A. nambiar met then Asst. Secretary of U.S. Defence Mr.
Joseph Nye in the Washington D.C. and signed Indo-U.S. Non lethal Weapon
treaty and/or agreement. Cyber warfare is a product of Non lethal weapon
and can crash any flying aircrafts, which was published in the Times of India
on 09/09/08 and enclosed herewith as ‘A’.
Under the circumstances please do let me know under RTI Act as to how
many Indian Air Force (both fighter & non-fighter) planes are crashed since
1982, provided the information with date of the accident and death-toll wise.
Do also provide the exact nature of Indo-U.S. non-lethal weapon program
and name of the U.S. Corporates and/or suppliers like Boeing, Lockheed
Martin, Rand, I.B.M. etc., who are directly or indirectly linked in this Non-
lethal weapon program and also provide the name of Indian private sector
associates in this program.
2. Besides above information please do let me know how many
projects in the nature of Electronic observation System, non Ionizing form of
Radiation, Positron Emission Tomography (P.E.T. Scanner) with remotely
control aspect, Radiation Biology etc., are with the Indian Defence Ministry?
3. How many officers/employees are there in the Indian Defence
Ministry who had been to foreign Countries for tour or training purpose?
How many officers’ spouse (close relatives) are having Green Card of U.S.A.
or Blue Card of European Union?
4. Lt. General S.K. Sinha9retd.) recently alleged before th Media
that Certain matter related to service condition/decorum/protocol of field
Marshal Maneksaw was pending for more than decades and those files
started moving as soon as field Marshal was hospitalized and put into
I.C.C.U. kindly provide information whether Field Marshal Manekshaw’s
pending matters are still pending or settled? If settled details thereof.
5. Mr. Pranob Mukherjee then Indian Defence Minister had
signed one pact or agreement with the U.S. Defence concerning ‘Military
Medicine,’ kindly provide the details of it and how many Indian hospitals are
connected with this project? If Indian Council for the Medical Research is
also a party to Indo-U.S. military Medicine Project? Also provide the name
of all the Indian Defence Medical Units and/or Research Institutes and if they
have/had any foreign collaboration ever and the details thereof.
‘B’ 6. Enclosed as ‘B’ please find a report of C.A.G. on Life Science
Group (L.S.G.), Kindly intimate me the name and address of all the
associates of L.S.G., both Indian and foreign associates. If L.S.G. is linked
with above stated ‘Military Medicine’ project? If Reliance life Science and
RPG life Science are associated with L.S.G.? If any development of L.S.G. is
patented by its private sector associates? Besides let me know that are the
functions of Electro Medical Laboratory? Is there any distant observation
system in Electro Medical Laboratory with P.E.T. scanner? When President
Kalam had fallen down, then was he subject to Electro Medicine treatment
for curing?
7. What is the name of the psychological unit of Ministry of
Defence and/or D.R.D.O.? How many employees of this unit had been to
U.S.A. or Europe? How many psychological evaluation been conducted
pertaining to suicides of Indian Soldiers?
‘C’ 8. Enclosed as ‘C’ please find a report of C.A.G. on I.N.S.
jalashwa, which was purchased from the U.S.A., with a stipulated condition
that it won’t be used in war and Americans are allowed to survey it any time
on board. Under the circumstances kindly let me know who was the Indian
Defence Minister then, when these conditions were approved by the Cabinet?
Could it be so that, under manipulation of the C.T.A. such restrictive teerms
and condition were adopted to deprive the Indian navy of its own warship?
If any investigation been conducted and/or proposed to divulge the identity of
the betrayers in the Indian administration who had master-mined the
futuristic espionage against Indian Navy? Did Cabinet Committee on
Security approved the deal knowing it that it won’t be used during war?
9. on 26th January 2008, media disclosed that the French President
during his Republic day visit in India had bagged the upgradtion contract for
I.A.F. mirage fighters. Kindly let me know the name of the contractor and
the contract amount to upgrade Mirage Fighters, who were the other bidders
and their bidding amount?
10. British Advance jet Trainer Hawk was supposed to be delivered
to the I.A.G. in the year 2006 and thereafter as per agreement signed by
thebn NDA Govt., May I know when the first lot of hawk were delivered to
I.A.F.? If it was delayed then what are the steps been taken against the
supplier? Is there any penalty clause regarding delay been incorporated in
Hawk deal?
11. It is reported in the Newspapers that there is a huge delay in the
part of Israel’s supply to AWACS and EWS. Could it be so that Israel is
mounting pressure by delaying their supply? What are the penalty measure
that Ministry of Defence adopts in any procurement contract to avoid
delayed supply? If such penalty measure is there then how many contractors
who did not supply in time, were punished? Please provide all the
information in details.
12. C.A.G. divulged that our beloved soldiers posted in Siachen
Glacier are regularly using torn and recycled uniforms. Please do let me
know in details about this pathetic situation and who are the officers in South
Block responsible for this anti national act?”
2. As the information sought by the appellant pertain to a number of CPIO’s
of the Ministry of Defence and also to one CPIO of the Air Headquarters, the
concerned CPIO’s responded to the paras concerning them vide various letters as
mentioned herein after:-
1. Wg. Cdr. T. Sajan’s letter dt. 09.06.2009;
2. Col. R.S.Bhatia’s, letter dt. 11.06.2009;
3. MoD letter dt. 04.06.2009;
4. Shri P. Mohanty, (Dir. Navy-Acq) letter dt. 25.05.2009;
5. DRDO letter dt. 04.05.2009;
6. Deputy Secretary (MS)’s letter dt. 04.05.2009;
7. Director (Estt.)’s letter dt. 15.05.2009;
8. Deputy Director (G)’s, letter dt. 01.05.2009; and
9. Director (Air II)’s, letter dt. 23.02.2009.
3. Dissatisfied with the information provided to him, the appellant has filed
an appeal which was disposed of by Shri R.K. Gosh, Joint Secretary (Air) vide his
letter dt. 06.04.2009. Another appeal filed by the appellant was disposed of by the
Appellate Authority of DRDO vide letter dt. 30th April, 2009.
4. The present appeal is directed against the orders of CPIOs and AAs.
5. The matter is called for hearing on 11.11.2009. The appellant not present.
The Public Authority is represented by the Officers named above.
6. Shri Tyagi would submit that information on all the paras has already been
provided to the appellant vide various communications and, therefore, nothing is
pending. Shri Tyagi, however, was directed by the Commission to consolidate the
information provided to him para wise and put up before the Commission for
perusal on 12.11.2009. The matter was adjourned.
7. As scheduled, the hearing was resumed on 12.11.2009 at 11:30 hrs. Shri
Tyagi present. He submits his letter dt. 11.11.2009 addressed to the Registry of
the Commission. The operative para of the letter is reproduced below:-
“(i). The information with respect to Para 1 of the applicant’s
application dated 3.2.09 with respect to the Indian Air Force planes
crashed was provided by CPIO Air HQ (Encl. 1). He stated that no
Indian Air Force aircraft have crashed since 1982 due to cyber
warfare.
(ii). The information with respect to Para 2 of the application of the
applicant was transferred to DRDO to inform the applicant directly
about the information sought. The Appellate Authority DRDO
intimated the applicant that the information does not come under the
purview of Human Rights Violation or corruption and accordingly the
appeal of the applicant was dismissed. DRDO has been placed in the
2nd Schedule of the Act except for issues of Human Rights Violation of
Corruption (Encl. 2).
(iii). The information with regard to Para 3 of the application of the
applicant was provided by Director (E) & CPIO and Dy. Secretary
9G) & CPIO. Dy. Secy. (G) informed the applicant that none of the
spouses of the present incumbent in the Wing upto the level of CPIO
held green card of USA or blue card of European Union. Director 9E)
& CPIO informed the applicant that 18 officers/employees of Ministry
of Defence (Sectt.) had been to foreign countries for training during
the last three years. (Encl. 3 & 4).
(iv). The information regarding Para 4 of the application of the
applicant was provided by Dy. Secretary (MS) & CPIO. Dy. Secy.
(MS) stated that no matter is pending pertaining to Field Marshal
Manekshaw in the Ministry. He also enclosed the Govt. order
regarding entitlement of Field Marshal Manekshaw and Marshal of
the Indian Air Force urgency (Encl. 5)
(v). The information pertaining to Para 5 of the applicant’s
application was provided by Director (AFMS Coord) & PIO. He
provided a copy of the agreement on academic cooperation in the
Military mediations between Ministry of Defence of India and the
Department of Defence of the United States of America (Encl. 6).
(vi). The information with respect to Para 6 & 7 was provided by
Appellate Authority DRDO. DRDO as has been placed in the 2nd
Schedule of the said Act except for issues of Human Right violation of
corruption and the information sought by the applicant do not come
under the purview of the Human Rights Violation of corruption
(Encl.7).
(vii). The information with respect to Para 8 of the applicant’s
application was provided by Director (Navy/Acq.) 7 CPIO. He stated
that the terms and conditions of the letter of acceptance in the case of
acquisition of INS Jalswa are the standard terms and conditions of
FMS case of the US Govt. with all counties and not unique to the hot
transfer of USS Trenton to India. He also informed that as per the
terms and conditions of the LOA the article acquired can only be used
for intenal security individual self defence or civic action. Therefore,
no restrain is envisaged in the operational exploitation of the ship
(Encl. 8).
(viii). The information with respect to para 12 of the applicant’s
application was provided by the Desk Officer (O-I). He informed the
applicant that no torn/recycled clothing is being issued to the troops
deployed in Siachen Glacier and complete requirement of subject
clothing items is being met with the new stores. (Encl. 9).”
8. He would also submit that information regarding paras 9, 10 & 11 has
already been provided to the appellant vide his letter No. 23.02.2009. The
operative para is reproduced below:-
“Item No. -9: No contract for the upgrade of the Indian Air Force
Mirage 2000 fighter aircraft has been signed.
Item No. – 10: As per the contract, the delivery of Hawk MK-132 AJT
aircraft was to commence from September, 2007 onwards. The
delivery commenced in November, 2007. As per contract, the vendor
has to pay liquidated Damages (LD) to Government of India for
slippage in delivery schedule. The requisite penalty has been charged
to the vendor.
Item No. 11: a) Delivery schedule is stipulated in the contract and for
delayed deliveries clause for financial penalty is integral part of the
contract. Any delay in delivery of AWACS will be associated with
relevant penalty.
b). Liquidated Damage (LD) Clause is incorporated in all
capital procurements contracts to penalize the vendor for delayed
delivery. Details of this process are available in Defence Procurement
Procedure 2008 available on Ministry of Defence website www.mod.in.
c). All vendors who do not supply the equipment as per the
contracted schedule are penalized in accordance to the provisions in
the contract.
d). The requisite information could not be disclosed under
Section 8(1)(a) & (d) of RTI Act 2005.”
9. Shri Tyagi would forcefully plead that the Ministry of Defence and Air
Hqrs. have taken great pains to supply the requisite information to the appellant,
and, therefore, the appeal has no merit and may be dismissed out-of-hand.
10. The appellant is not present before the Commission to contest this claim. It
is to be noted that it is for the appellant to demonstrate as to why he is not
satisfied with the information furnished so far. It is also to be noted that the
appellant has sent a representation dated 5.11.2009 to the Registry wherein he has
commended the role of Shri D.K. Tyagi and Shri S.K. Ghosh in furnishing him
information but has castigated some others, and has demanded action against them
without clearly bringing out the reasons for his dissatisfaction. As mentioned
above, a large number of CPIOs have provided him information and the Appellant
is expected to be specific as to with whose response he is not satisfied with and
provide pointed reasons therefor. I am constrained to remark that the appellant
has not discharged this obligation.
11. In view of the above discussion, the Commission disposes of this appeal
without any orders.
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. Shri Salil Kapat
3-A Abhoy Sarkar Lane
Kolkata – 700 020
2. Dr. D.K. Tyagi
Director (Air-II) & CPIO
M/o. Defence, Vayu Bhawan,
Rafi Marg, New Delhi – 110 011
3. Shri R.K. Ghose
Jt. Secy 9Air Acquisitions) & AA
M/o. Defence, South Block,
New Delhi – 110 011