By an application of 22-12-08 Shri F.C. Thomas of Shakarpur, Delhi applied to the CPIO, Shri Amit Agrawal, Director, Director PMO seeking the following information: I want to get the Memorandum copies which were submitted to the then Principal Secretary of the then Prime Minister of India Honourable Brajesh Mishra and the then National Security Adviser, Mr. N. K. Narayan, New Delhi by the Foreign Office Secretary of United Kingdom, Mr. Robin Cook. As response which letter did Hon. Principal Secretary of the then Prime Minister of India, Honourable Brajesh Mishra and the then National Security Adviser Mr. N. K. Narayan or the Prime Ministers Office, Prime Minister of India, Officials send to UK foreign Ministers Office regarding this Dalit Christians issue for granting them for Scheduled Castes status. I want to get the copies. I want to inspect the two files concerned with the above said issue for getting documents copies under RTI Act, 2005.
Please allot me date and time for inspection.
To this Shri F.C. Thomas received a response from CPIO Shri Amit Agrawal dated 22-12-08 informing him as follows: No papers related to the matter could be traced in this office.
Aggrieved with this response Shri Thomas moved an appeal before Ms. Vini Mahajan, JS, PMO with the following plea: Since, it was an important meeting in between two very important Officials of Union of India and British Foreign Countrys Minister, Prime Ministers Office may have the file in its custody. So, I am pleased to request First Appellate Authority to request the concerned section and the CPIO/ PMO for offering me the above said files for doing inspection for collecting required documents copies (UK, Governments letter copy is attached).
To this was annexed a copy of a letter from one Shri David Triesman, The Lord Triesman of Tottenham of 15 March 2006 in which Shri Triesman has stated on the question of Dalit Christians in India as follows: Representations made, in chronological order, were: 10th November 1998 during a visit to India by then Foreign Office Minister Derek Fatchett to then Indian Home Minister L. K. Advani.
December 1998 during a visit to India by then Permanent Under Secretary Sir John Kerr to his opposite number, then Foreign Secretary Mr. K. Raghunath.
January 1999 during a visit to India, by then Foreign Secretary, the late Rt. Hon. Robin Cook, who raised the issue with then Principle Secretary to the Prime Minister, Brajesh Mishra and the national security adviser, N. K. Narayan.
November 1999 then Foreign Office Minister Rt. Hon. Peter Hain received Justice Verma of the National Human Rights Council at the Foreign Office. He also visited India in the same month and raised the issue with Ajit Panja, then Minister of state for External Affairs and with Kamal Pande, a senior official in the Home Ministry.
15th April 2000 the late Rt. Hon. Robin Cook visited India and raised the issue with Jaswant Singh, then Minister of External Affairs.
June 2000, the late Rt. Hon. Robin Cook received L. K. Advani, then Home Minister, at the Foreign Office in London.
Ms. Vini Mahajan, JS, PMO dismissed this appeal on 6-2-09 as follows: I am of the view that the action taken by the CPIO of the Prime Ministers Office as above is in accordance with the prescribed statutory provisions and he has appropriately dealt with your application.
Appellant Shri Thomas then moved his second appeal before us with the following prayer: Based upon the letter which I had obtained from British Governments website, I had approached the CPIO/ PMO, First Appellate Authority for offering me the above said file.
Since, it was an important meeting in between two very important Officials of Union of India and British Foreign Countrys Minister, Prime Ministers office may have the file in its custody. So, I am pleased to request CIC to request the First Appellate Authority and the CPIO/ PMO for offering me the above said files for doing inspection for collecting required documents copies (UK, Governments letter copy is attached).
In response to our appeal notice we have received a letter of 15-6-10 from CPIO Shri K. Salil Kumar, Under Secretary, PMO submitting. after examination of the documents at issue, as follows: The file records in which the RTI application was processed show that the officers concerned were requested to provide information. The reply of the CPIO was sent on the basis of input that there were no such papers with the office.
The appeal was heard through videoconference on 16-6-2010. The following are present.
Appellant: Mr. Franklin Caesar Thomas Respondents (at NIC Studio, PMO) Mr. Amit Agrawal, Director, PMO Mr. K. Salil Kumar, US & Link CPIO, PMO Representatives of State Information Commission of Orissa were also present to observe the hearing by videoconference.
Shri Amit Agrawal, Director, PMO submitted that the request of Shri Thomas appellant has been answered by him as CPIO in the first instance.
Any fresh request raised in the first appeal is not tenable under law. Shri Agrawal agreed that a fresh contention was indeed raised on the same information sought by appellant in his first appeal with the copy of the letter of Lord Triesman of Tottenham of 15-3-2006. However, this letter makes no mention of any document or reply, copies of which have been sought by appellant Shri Thomas in his initial application.
Shri F.C. Thomas submitted that he has been pursuing the issue of declaration of certain categories of Christians as Dalit. For this he needs the documents to show that his campaign has international support. It is for this reason that he seeks the information sought but has not succeeded in obtaining this information despite application to the Ministry of Home Affairs, Ministry of External Affairs and PMO.
DECISION NOTICE Having examined the records and heard the parties we are satisfied that the PMO has indeed provided the complete information held by it in response to the initial application of Shri Thomas. There is indeed no reference to any documents exchanged in the various representations made as listed by Shri David Triesman. Any record of discussion between foreign dignitaries and representatives of the Government of India are in any case not held by the PMO but by the Ministry of External Affairs. Shri Thomas is welcome to make a request under the RTI Act to the CPIO, Ministry of External Affairs with reference to letter of 15.3.2006 of Shri David Triesman and seek records of any discussion regarding the same. However, the present appeal is without substance and is hereby dismissed.
Announced in the hearing. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 16-6-2010 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 K.P. Shreyaskar) Joint Registrar 16-6-2010