Details about 31 PMO Netaji files to be disclosed

The latest CIC decision follows a previous one on January 2008, when the PMO was directed to furnish the list of classified files to enable Chief Information Commissioner assess the bona fide of the PMO's decision to not to release the same under RTI. Last week, PMO Director Amit Agrawal showed Wajahat Habibullah the list containing titles and filing numbers of 33 classified and 2 recently declassified files. Out of 33 files, 7 are classified "top secret", 3 "confidential" and the rest "secret".

While CIC favoured the release of information about 31 files, it accepted the plea of PMO that disclosing the names of 4 files having references to foreign states will prejudicially effect relation with those foreign states. The CIC states that it "does not arrogate to itself the authority to adjudicate on matters concerning foreign relations, an issue to decide upon which the authorised agency competent so to do is the Ministry of External Affairs."

"We will therefore not address the issue of whether such reference will 'prejudicially effect relation with a foreign state' and accept the plea of respondents (PMO) that disclosure of the file names will so do," Chief Information Commissioner said in his decision.

Case background

Mission Netaji's Anuj Dhar had asked the PMO to confirm if they were holding several classified records/materials on Subhas Bose, and requested for descriptive lists of classified and unclassified records. He also inquired if the PMO had any plan to transfer these records/materials to the National Archives.

In reply, the PMO furnished a list of unclassified files and stated that "an exercise was underway to review classified files held by PMO for declassification and on declassification such files would be sent to National Archives". There was no word on the classified (secret) files.

Subsequently, Dhar approached the Appellate Authority in the PMO and was informed that "disclosure of information relating to list of classified files being held in this office will prejudicially affect relations with foreign countries …(and) in view of that, there was no obligation for this office to disclose information to this information seeker."

In his appeal to CIC, Dhar argued that "it defies common sense as to how the disclosure of a mere list of files on and about a national hero, whom the Government holds to have died more than 60 years ago in an accident, can prejudicially affect relations with foreign countries".

In January this year, Chief Information Commissioner Wajahat Habibullah heard the arguments of PMO and Dhar and decided to see the list for himself.

After the perusal, the Commissioner has ruled in favour of Dhar, marking another achievement for Mission Netaji in the efforts to access information under the Right to Information Act.