Complaint No. 61/SIC/2012 Interim Order dated: 06/01/2015

`GOA STATE INFORMATION COMMISSION

Ground Floor, Shrama Shakti Bhavan, Patto Plaza, Panaji – Goa.

CORAM: Smt. Leena Mehendale, State Chief Information Commissioner
Complaint No. 61/SIC/2012
Interim Order dated: 06/01/2015

Shri. Luel Fernandes,

R/o. H. no. 136, Cotta,

Chandor, Salcete, Goa. ..….…..Complainant.

V/s

Under Secretary to Chief Secretary/Public Information Officer,

Office of Chief Secretary,

Secretariat, Porvorim, Goa.





Archivist (General)/Public Information Officer,

Department of Archives and Archeology,

Rua de Qurem, Mala, Panaji, Goa. ……..Respondents.

I N T E R I M O R D E R (Open Court)

This complaint filed on 27/03/2012 arises out of RTI application dated 12/02/2012, in which questions were asked about Treaty signed between the Indian Army and the Portuguese Army in the year 1961, and some related questions including a questions which relates to Bangladesh war.

All these questions are concerned with issues which are of strategic value towards sovereignty of India

The original RTI question was addressed to PIO from the Office of the Chief Secretary, Goa, who is in turn transferred it to the PIO in the department of Archives & Archacology u/s 6(3). A reply was given to applicant by recipient Deemed PIO on 29/02/2012 stating that the information is not available with the Deemed PIO. No first appeal was made. Complaint is directly filed before SCIC with the prayer that the Deemed PIO be directed to give information or else fine must be imposed for not granting information.

Contd---2/-

--2---
Notices were issued fixing the first hearing on 10/04/2012. PIO from the Office of Chief Secretary stated that he had transferred the RTI querry to another PIO under section 6(3). The Deemed PIO from the department of Archives & Archaelogy stated that the said treaty was not available with him. The Deemed PIO once again filed elaborate reply on 1/10/2014, stating that “the instrument of surrender signed between the last Portuguese Governor General and the Indian Army is not available in this Directorate.” Other documents are also not in the possession of the Archives & Archaeology department.
I have perused the RTI question and the memo of 2nd Appeal. It is a clear principle under RTI Act that the PIO cannot generate information but has to supply only that information which is supposed to be available under mandate of his department. Secondly, it is clear that the questions relate to Sovereignty of India and our external relations with other Countries like Portugal, Bangladesh etc. These questions attract the provision of section 8 under which information of the above nature is exempt from disclosure under RTI Act .The PIO in the Office of Chief Secretary should have given such reply in the first instance. The only aspects that remains to be seen is whether the Government of India or Government of Goa has anytime declared these documents as not confidential but “ Archival”. The PIO in consultation with Chief Secretary can clarify this point.

I agree with the Deemed PIO that he cannot furnish information which has not been passed into the custody of his department. The treaty is clearly stated to be signed between Indian Army and the Portuguese Army. Hence no State Level Officer under the Government of Goa is concerned with it, unless declared as archival. PIO in the office of Chief Secretary should, on next date clarify this. In the meantime this Interim Order is passed so as to keep the issues in proper perspective.


(Leena Mehendale)

Goa State Chief Information Commissioner,

Goa State Information Commission

Panaji-Goa.