What to ask and what can be rejected under RTI.. some interesting judgements
are these ones..

In a blow to an indicted former R&AW official seeking detail of the agency's
snooping software, the Delhi High Court has set aside the CIC’s directive to
the Centre for Development of Advanced Computing (C-DAC) to disclose
information, which he claimed was necessary to prove his innocence in the
espionage case.

 Asking the CIC to hear the matter afresh, Justice S Muralidhar held the
Commission erred in passing the order without hearing R&AW contentions,
being the third party for which the C-DAC developed the software under a
contract.

 “In as much as the software of the ‘Project Anveshak’ has been developed
exclusively for the R&AW, the question of disclosure of any such information
had to be decided only after hearing the R&AW,” the court noted further,
observing that the intelligence agency figured among the list of the
organisations usually exempted under the purview of the RTI Act.


 Last May, the CIC had allowed the RTI plea of former Director (Computers)
R&AW, Brig Ujjal Dasgupta (retd), asking the C-DAC to provide him
information relating to the development of software ‘Anveshak’ for R&AW.
Lodged in Tihar Jail following his arrest in 2006 on charges of passing on
classified information to American diplomat Rosanna Minchew, Dasgupta had
sought details about the way the software was transferred to R&AW, the
agency responsible for installation on the premises of RAW and other such
details. He contended the information would help him defending himself in a
court of law.

 The C-DAC, however, sought the immunity of exemption clause of the RTI Act
and said the Cabinet Secretariat had also communicated to it that disclosure
of any information in relation to Project Anveshak would be against national
interest and the security of the state


Full version at
http://www.indianexpress.com/news/espionage-hc-quashes-cic-order-on-spying-software/605027/


Anilkumar BVN

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