Anuradha Raman v. Ministry of Home Affairs
[2013] CIC 7087
In the Central Information Commission
Case CIC/SS/A/12/001643
Before Mrs Sushma Singh, Information Commissioner
Decided on April 15, 2013

Relevancy of the case: Blocking the public access to information under Section 69A of the Information Technology Act, 2000

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 69A)
• The Customs Act, 1962 (Section 11)
• The Right to Information Act, 2005 (Section 8, 10)
• The Criminal Procedure Code, 1973 (Section 95)

Relevant Facts of the Case

• The appellant requested to inspect the correspondence, notings and correspondence related files between the centre and states relating to the ban on publishing books, periodicals and magazines between 1955-2012.
• The Commission ordered the appellant to provide a specific list of materials. She submitted the list containing eight particulars through a letter but received information only on three books.
• The petitioner seeks the inspection of files from the respondent.

Prominent Arguments by the Advocates

• The respondent’s counsel submitted that the undisclosed information contains inputs from Intelligence Bureau (IB). The Right to Information Act, 2005 does not apply to IB. Further, Section 69A of the Information Technology Act, 2000 allows blocking the public access to any information.

Opinion of the Bench

• The Commission directed the respondent to provide the correspondence and notings which do not include the exempted information.
• The appellant can file a fresh application to seek information on other materials.

Final Decision

• The commission disposed of the appeal.