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Decision No. CIC/SG/A/2011/003037/16840 Appeal No. CIC/SG/A/2011/003037 Relevant Facts emerging from the Appeal

Appellant : Mr. Girish Gupta Village – Sokhra – 02 Rajendrapath Baroni Dist. – Begusarai Bihar

Respondent : Mr. Manish Chauhan Public Information Officer & Director(RTI) Ministry of External Affairs 2025, “A” Wing, Jawahar Bhawan, 23-D, Janpath, New Delhi -110011

RTI application filed on : 10/06/2011 PIO replied : 29/08/2011 First appeal filed on : 20/07/2011 First Appellate Authority order : 04/10/2011 Second Appeal received on : 28/10/2011

Sl. Information Sought Reply of the Public Information Officer (PIO) 1. Kindly give the proceedings details Shri Sarabjit Singh was arrested on August 30, 1990 near which were made by the Indian Govt. border in Pakistani territory. High Commission of regarding to release of Indian Citizen India, was provided consular access, at our Sarabjit Singh, who is in Jail instance, on August 30, 2005 at Kot Lakhpat Jail, . from last 19 years. High Commission of India, Islamabad conducted the Consular access and on September 6, 2005 confirmed the nationality of Shri Sarabjit Singh as Indian. Subsequently In 2008, 2009 and 2011, Pakistan side provided Consular access for Shri Sarabjit Singh to the High Commission for ensuring his welfare and well being. The India-Pakistan Judicial Committee on Prisoners also met Shri Sarabjit Singh on April 22, 2011 at Kot Lakhpat Jail. High Commission of India, Islamabad has also assisted sister of Shri Sarabjit Singh during her recent visit to Pakistan in June 2011 and interceded with the Pakistan authorities for arranging her meeting with Shri Sarabjit Singh. High Commission of India, Islamabad has also kept a close contact with Shri Sarabjit Singh’s lawyer Mr. Awais Sheikh. As regard taking up the matter with Pakistan Government on humanitarian grounds, Ministry of External Affairs had formally requested the Pakistan High Commission in New Delhi on March 17, 2006, to treat the matter sympathetically and to examine his mercy petition with compassion. In a Page 1 of 2 Press Release, referring to the External Affair Minister’s Suo Moto Statement in Lok Sabha dated April 18,2008, the Hon’ble Minister had asked the authority in Pakistan to treat Shri Sarabjit Singh’s case with clemency on humanitarian grounds. 2. What subsidies and facilities Indian Ministry does not have any information on the subject Govt. provided to Sarabjit Singh’s matter. family? Kindly give the details of those subsidies and facilities. 3. Requested to provide the details of Same as above. applications which were written by his family to the Govt. for release of Sarabjit and also requested for the photocopy of the documents provided by his family.

Grounds for the First Appeal: Incomplete information provided by the PIO.

Order of the First Appellate Authority (FAA): FAA ordered.

Grounds for the Second Appeal: Incomplete information provided by the PIO

Relevant Facts emerging during Hearing: The following were present: Appellant: Mr. Girish Gupta on video conference from NIC-Begusarai Studio; Respondent: Mr. Manish Chauhan, Public Information Officer & Director(RTI); and Mr. P. V. Srivastava, Director; The PIO has provided information on query-1 and has stated that no information is available with the Ministry for query 2 & 3. The PIO states that the only place in which the information would have been would the Home Department which has transferred the application and thus it appears that the Home Department also does not have the information.

Decision: The Appeal is disposed.

This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi Information Commissioner 13 January 2012 (In any correspondence on this decision, mention the complete decision number.), (DE)

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