1

CENTRAL I NFORMATI ON COMMI SSI ON

Appeal No.CIC/WB/A/2008/01161 dated 2.7.2008
Right to Information Act 2005 Section 19

Appellant - Maj. Gen. V. K. Singh
Respondent - Rajya Sabha Secretariat

Facts:
By an application of 28.4.08 Maj. Gen. V. K. Singh of Gurgaon applied to
the CPIO (RTI Cell) Rajya Sabha with 15 questions seeking information on the
report of Group of Ministers on National Security constituted in the year 2000. To
this he received a reply on 23.5.08 from Shri Deepak Goyal, Director & CPIO
Rajya Sabha Sectt. Informing him as follows:
As per records available in this Secretariat, no report of Group of
Ministers (GOM) on National security has been laid on the Table of
Rajya Sabha
1
nor any information about the Report of the GOM on
National Security is available with this Rajya Sabha Secretariat.

Upon this appellant moved his first appeal on 30.5.08 before Shri NC J oshi,
J S, Rajya Sabha Sectt. attaching a copy of a newspaper clipping and stating as
follows:
I am enclosing a copy of a news report that indicates that the GOM
Report on National Security was tabled in Parliament in May 2001
(Annexure 6). Another news report dated 25.8.2001 mentions the
Home Minister announcing that the report would be discussed in
Parliament the following week (Annexure 7). In view of this, the
reply of the CPIO appears to be incorrect. The remaining questions
in the application have still not been answered.

Prayer or relief sought
Rajya Sabha Secretariat may be asked to provide the complete
information requested in the applications dated 28.4.2008. It
should also clarify the point about tabling of the GOM Report.

In this news report The Hindu in its issue of 18.6.04 in an article by Shri
Praveen Swami stated as follows:
In May 2001, the Union government tabled the recommendations
of the Group of Ministers on Reforming the National Security
System in Parliament. Led by the former Deputy Prime Minister, L.

1
Underlined by us to invite attention
2
K. Advani, the GoM Report was based on the findings of expert
committees.
&
In effect, the MHAs bureaucrats have undermined a critical
political decision on Indias safety one that was, furthermore, tabled
in Parliament and met with cross party support.

There was also a report of the Press Trust of India dated Kochi, August 25,
2001, The crucial report of the Group of Ministers (GoM) on national security
would be discussed in both Houses of Parliament next week, Union Home
Minister, L. K. Advani said on Saturday.

On not receiving response Maj. Gen. Singh moved his second appeal
before us with the following prayer:
The Rajya Sabha Secretariat may be directed to provide the
information requested regarding the Report of the Group of
Ministers on National security. The information may be provided
within 48 hours under section 7 (1) of the Act, since its concerns
the liberty of the applicant. It is relevant that in respect of a book
titled INDIAS EXTERNAL INTELLIGENCE SECRETS OF THE
RESEARCH & ANALYSIS WING (RAW) written by the applicant,
the CBI has registered FIR No. RC 5(S)/2007/SCU-V u/s 5 of the
Official Secret as Act on 20.9.2007. The CBI has also filed a
complaint in the court of the CMM against the applicant on 9.4.2008
and a charge sheet on 11.4.2008. The charge sheet filed by the
CBI in the Court of the CMM has been listed for hearing on
10.7.2008. In case the learned judge decides to take cognisance,
he may issue a warrant for arrest of the applicant. The applicant
had filed an application for anticipatory bail in the Court of the
Sessions J udge on 26.9.2007 which has still not been decided.

The appeal was heard on 10.10.2008. The following are present:
Appellant
Maj. Gen. V. K. Singh
Shri. Har Mohan Rai
Respondents
Shri. Deepak Goyal

Shri Deepak Goyal Director, Rajya Sabha submitted on OM dated 25.6.08
signed by Mr. M. C. J oshi, Appellate Authority, Rajya Sabha Sectt. Reiterating
that the report of Group of Ministers was not presented in Parliament in May,
3
2001 as mentioned in the news report referred to by him, the OM has gone on to
clarify as follows:
As per the 22
nd
Report of the Department related Parliamentary
Standing Committee on Defence (14
th
Lok Sabha), presented to the
Rajya Sabha on 20.7.07, the GoMs report (Which stands classified
as Secret) was submitted to the Government in February 2001.
As regards the non answering of the remaining questions in his
application, the appellant is informed that this Secretariat was
concerned only with question nos. 2, 3, 4, 10 and 11 which have
already been replied to by the CPIO on 23.5.08. For remaining
questions the application was transferred to the Cabinet Secretariat
earlier on 6.5.08, under intimation to him. Therefore, for response
on the remaining questions the appellant may pursue with the
Cabinet Secretariat.

The matter now having become an issue concerning the Cabinet
Secretariat dealt with in a separate petition, this appeal was not pressed.

DECISION NOTICE

The requested response from Rajya Sabha Sectt. having been provided to
appellant Maj. Gen. V. K. Singh through the disposal of his appeal by Shri M.C.
J oshi, Appellate Authority on 25.6.08, a copy of which had not been received by
appellant and has been given to him in the hearing, this appeal is no longer
sustainable and is hereby dismissed. It does raise the question of
irresponsible reporting of parliamentary proceedings which the Rajya Sabha
Secretariat may wish to note and pursue with the Ministry of Information &
Broadcasting.

Announced in the hearing. Notice of this decision be given free of cost to
the parties, including a copy to Secretary, Ministry of Information & Broadcasting,
Govt. of India.



(Wajahat Habibullah)
Chief Information Commissioner
10.10.2008

4
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.



(Pankaj Shreyaskar)
J oint Registrar
10.10.2008