3 months ago
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The Central Information Commission (CIC) has upheld the Ministry of Home Affairs's (MHA) determination to contradict accusation sought nether the Right to Information Act (RTI) connected properties nether introspection arsenic “enemy property”, holding that disclosure could hamper an ongoing investigation.
Assets near down by radical who person taken citizenship of Pakistan and China, mostly betwixt 1947 and 1962, are called force properties.
In an bid successful Hindi, Chief Information Commissioner Raj Kumar Goyal agreed with the basal of the Office of the Custodian of Enemy Property for India that the accusation sought was exempt nether Section 8(1)(h) of the RTI Act, which bars disclosure if it would “impede the process of investigation”.
The applicant had asked for details regarding a man's force properties.
"...as per records disposable with your office, successful which twelvemonth did Abdul Saeed Barrister, lad of Abdul Qadir, nonmigratory of Gonda, permission India for Pakistan? Please supply copies of the applicable records,” the applicant said.
The applicant had besides sought accusation connected “which properties of Abdul Saeed Barrister person been declared arsenic force property” and copies of correspondence exchanged with the Gonda territory medication for declaring those properties arsenic force property.
The Central Public Information Officer had earlier rejected the RTI request, stating that the records were confidential.
"It is to beryllium noted that since the accusation sought is simply a confidential document, it is not eligible to beryllium disclosed nether Section 8 of the RTI Act, 2005," the reply from the Custodian of Enemy Property of India said.
However, during the hearing, the responsive submitted that the substance was nether introspection nether the Enemy Property Act, 1968, and that providing the accusation astatine this signifier could adversely impact the probe.
Agreeing with the submissions, the committee observed that “such information, disclosure of which would impact investigation, apprehension oregon prosecution, cannot beryllium provided nether Section 8(1)(h) of the RTI Act,” and concluded that nary further involution was warranted.
