Centre asked to reply on Swamy’s plea for details of ‘Chinese encroachment’

The Delhi High Court has recently sought response from the Centre on a plea moved by former Rajya Sabha MP Subramanian Swamy, seeking information regarding “Chinese encroachment” on Indian territory under the Right to Information Act, 2005.

The petition stated that the said second appeal has now been pending for more than five months without any resolution, and even without a date assigned for a hearing.

Petitioner has prayed for a direction to CIC to dispose of the petitioner’s RTI 2nd Appeal dated March 14, 2023. Furthermore, Swamy has sought expeditious disposal of his RTI second appeal before the Central Information Commission. He has also sought direction on the respondent authorities to give an effective response to his RTI application that he filed on November 10 last year.

Petitioner has made Union Ministry Home Affairs, Ministry of External Affairs and Ministry of Defence respondents. Swamy filed the RTI application on November 10, 2022, seeking information on Chinese encroachment on the Indian territory.

It is Swamy’s case that his RTI application has been transferred between various departments even after the expiry of the timeline as per the RTI Act. He then filed a first appeal in January which was also transferred between various departments and thus, he received no effective resolution.
The first appeal was also transferred between various departments and received no effective resolution.

Previously on March 3, 2023, the petitioner Swamy received, a letter dated, from Director (G) and First Appellate Authority, Department of Military Affairs, Ministry of Defence, by which the said officer transferred the Petitioner’s First Appeal to the Ministry of External Affairs, while also “disposing off” the First Appeal of the Petitioner.

Furthermore, the petition has stated that aggrieved by the non-resolution of his RTI Query or his First Appeal, the petitioner approached the Chief Information Commission in 2nd Appeal dated March 13, 2023, which was registered.

It is also stated that the petitioner received a letter dated March 15, 2023, from the Ministry of External Affairs, once again informing him that his Appeal has been transferred, after filing of the 2nd Appeal.

Thereafter, the petitioner sent a letter to the Chief Information Commissioner, requesting him to hear the second appeal expeditiously, dated March 27, 2023, to which the petitioner never received a response.

The plea stated, the second appeal is pending with the Ministry of Home Affairs to date, without been heard even once. The matter will now be heard on January 8.