Disclose phone tapping information: CIC to CBI

The Central Information Commission has directed the Central Bureau of Investigation to disclose proposals sent to Union home ministry seeking permission for tapping telephones.

Information Commissioner Shailesh Gandhi, however, allowed the agency to sever names and designations of the persons mentioned in these proposals before furnishing the information to an RTI applicant.

The case relates to an RTI application filed by one Dharambir Khattar seeking details of the proposals sent by the CBI to the MHA for its permission to intercept five phone numbers alleging "that accused had connections with government servants holding high positions including the judiciary".

The information was denied by the CBI citing exemption clauses of the RTI act and relying on a previous decision of the transparency panel that orders of phone interception were themselves sensitive for national security, sovereignty and integrity and cannot, thus, cannot be disclosed.

The CBI said revealing the proposal is likely to have an impact on the safety and security of the nation, disclose the sources of information and impede the prosecution.

While hearing the matter, Gandhi asked the CBI to produce the phone tapping proposals which were produced by the agency in the absence of the applicant. After perusal of the documents, Gandhi said he could not "find anything which could remotely be connected with any matter of security".

He then asked the CBI officials to identify any words, phrases or lines for which the exemptions of Section 8(1)(a), (g) or (h) of the RTI act would apply.

"They were unable to identify any material which they could claim would harm the security of the country or impede the process of prosecution," Gandhi pointed out.