The Delhi High Court has set aside a Central Information Commission (CIC) order directing disclosure of information under RTI related to foreign visits of the prime minister on Indian Air Force aircraft, considering the potential implications for national security and the life and physical safety of the prime minister.
The High Court said no sufficient larger public interest has been demonstrated by the RTI applicant to warrant disclosure of these particulars.
“The mere fact that public funds have been expended on the foreign visits of the prime minister does not, by itself, justify disclosure of information which may compromise the security arrangements put in place for such visits,” Justice Amit Mahajan said in an order passed on October 15.
“In the absence of any demonstrated larger public interest that outweighs these concerns, disclosure of the information sought cannot be directed,” the order said.
The High Court further opined that the CIC has erred in directing disclosure of the Special Foreign Returns (SFR) - II relating to the foreign visits of the prime minister after redaction of the names and identifying particulars of security personnel.”The petitioner (Directorate of Personal Services, Air Headquarters, India Air Force) was justified in invoking the exemptions under Sections 8(1)(a) and 8(1)(g) of the RTI Act to deny disclosure of the aforesaid information, in view of the potential implications for national security and the life and physical safety of the prime minister, as specifically pointed out by the petitioner,” it said while allowing the Air Force’s petition challenging the CIC order.
SFR contains sensitive information relating to the foreign visits of the Prime Minister of India, including details of the aircraft, aircrew, passengers and accompanying entourage.
The court was hearing a plea filed by the Central Public Information Officer (CPIO), Directorate of Personal Services, Air Headquarters, Indian Air Force, challenging a July 2020 order of the CIC directing it to provide certified copies of available and relevant SFR-II records.
The records were sought by retired Commodore Lokesh K Batra, who had filed an RTI application seeking information concerning foreign visits undertaken by former Prime Minister Manmohan Singh and Prime Minister Narendra Modi on IAF aircraft between April 1, 2013, and June 5, 2018.
The Air Force informed the applicant that there had been ‘NIL’ air travel of former Prime Minister Manmohan Singh from April 1, 2013, till May 25, 2014, by IAF aircraft.
From June 4, 2016, till July 9, 2018, only three visits were undertaken by Prime Minister Narendra Modi on IAF aircraft, it said.
The Air Force, however, denied the request for the SFR records, citing exemptions under Sections 8(1)(a) and 8(1)(e) of the RTI Act.
The CIC, in the appeal order, directed the IAF to give the desired information under the Right to Information (RTI) Act and the authorities then approached the High Court challenging the direction.