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CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place New Delhi-110 065

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CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place New Delhi-110 065 No.CIC/WB/A/2007/01192 CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place New Delhi-110 065 (Under Section 19 of the Right to Information Act, 2005) Appellant - Shri Sandeep Unnithan Public Authority/ -Integrated HQ, Ministry of Defence (Navy) Respondent Date of Hearing: 31.12.2007 Date of Decision: 31.12.2007 Facts: By an application of 1.6.07 addressed to Cdr. At Arms S.K. Gupta CPIO Naval HQ, Shri Sandeep Unnithan of the weekly India Today sought the following information: 1. “A copy of the report and debrief of the survivors of INS Khukri which sank south of Diu head on the night of December 8/9,1971. 2. A copy of the report of the Board of Inquiry instituted into the causes of the sinking of the INS Khukri on the night of December 8/9, 1971.” To this he received a response from Shri S. K. Gupta, Cdr. At Arms on 20.6.07 responding as follows: “It is intimated no Enquiry/ Board of enquiry was convened to look into the role played by INS Kirpan at 2050 hours on 09 Dec 71. However a report on “debrief of the survivors of INS Khukri” was prepared which runs into total of 23 pages and one appendix. An examination of the subject report reveals that only pages 1 to 5 are made available to you and placed at enclosure. Further the information contained in pages 6-23 and its appendix is exempt from disclosure under Sec 8(1) (a) of the Act.” Aggrieved by this response Shri Unnithan moved his first appeal before Vice Admiral D.K. Dewan Appellate Authority & Controller Personnel Services, 1 submitting that the information sought is already 35 years old and therefore, the information withheld i.e. pages 6 to 23 and appendix may also be provided in accordance with Sec 8 (3), which mandates disclosure of information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which request for information is made. Upon this, appellate authority Admiral D.K. Dewan ordered as follows on 17.7.07: “I have examined your appeal and it is intimated that provision of Sec 8 (3) stipulates “subject to provision of clauses (1), (c) and (i) of sub-section (1), any information relating to any occurrence event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section”. Sec 8(1) (a) of the Act exempts from disclosure the information contained in pages 6 to 23 of the report on “debrief of the survivors of INS Khukri”, being information which prejudicially affects the integrity of India and the security interests of the State. Therefore, your contention of applicability of Sec 8 (3) is not relevant.” Shri Sandeep Unnithan’s prayer before us in his second appeal, therefore is as follows: “The matter is over 35 years old and more in the realm of naval history. It could help us understand, from an official report, on what exactly transpired in the crucial hours that followed India’s only wartime naval loss. I fail to understand how a three-decade-old testimony by shipwrecked sailors who fought against odds to survive in the water for over 12 hours could ‘prejudicially affect the integrity of the nation and security interests of the state.” In response to the appeal notice Shri Pranaya Rawat Cdr-At-Arms, and Officiating PIO (Navy) has with a letter of 24.12.07 submitted as follows: “It is further submitted that pages 6 to 23 of the subject report and its appendix pertain to performance-parameters, operational- restrictions, operational- evaluations and tactical evaluations/ recommendations in respect of our own and enemy ships, submarines and aircraft. 2 Pages 6 to 23 and its appendix are, therefore, deemed to lie within exception provided in the RTI Act (2005) at Section 8(1) (a) relating to ‘information, disclosure of which would prejudicially affect the sovereignty and integrity of India, and the security, strategic interests of the State’ and are NOT to be handed over owing to the possibility of it becoming available to State and Non-State actors, which may be inimical to our country’s security interests.” Shri Sandeep Unnithan has contested this in his rejoinder dated 27.12.2007 as below: “Under Section 19 (5) the onus of proof from non-disclosure of information lies with the Public Information Officer. Merely stating that the reasons are those of operational nature dissemination of which is inimical to the national security interests is insufficient to deny the information contained in pages 6-23. The matter is one of supreme national interest as it concerns the death of over 200 Indian personnel who died in the line of duty. I also fail to understand how the debrief of over 60 of their ship wrecked comrades who survived in the cold Arabian Sea against all odds for 12 hours could prejudicially affect national security nearly four decades after the event.” The appeal was heard on 31.12.2007. The following are present: Appellant Shri Sandeep Unnithan. Shri Devvrat Respondents R Adm S.P.S. Cheema. Cmde A Ghoshal. Cdr S. K. Gupta. Cmde M. Gidwan. The submission of arguments on the side of respondents was led by Admiral S.P.S. Cheema who submitted that the information contained in pages 6 to 23 had no direct reference to the INS Khukri, and that the tactical evaluation and recommendations contained therein were still the basis of Naval strategy, so that their disclosure would compromise security. In response to questions by 3 Information Commissioner Shri A. N. Tiwari as to whether the Indian Navy like the Royal Navy of the UK had any declassification policy, Admiral Cheema responded that whereas the whole concept of the Royal Navy has changed in technology and objectives and therefore of tactics, the Indian tactical evaluations are still based on traditional systems and, therefore, discussed in pages 6 to 23 of the pages attached with the debrief of survivors of INS Khukri. What is discussed in these pages are issues like torpedo counter measures, which are the basis of tactics to this day, and the tactics employed in deployment of Sea King helicopters. Appellant Shri Unnithan asked specifically whether all 17 pages withheld are general discussions on performance parameters etc. and have no information obtained from Khukri survivors. Upon this the concerned file, which was submitted for perusal by Adm. Cheema, was inspected. The different headings under which information was kept in pages 6 to 23 were read out and appellant asked whether any of these was of interest to him. While stating that this is not what he had sought, because his interest was specifically regarding the sinking of INS Khukri, he submitted a copy of a note of Cmdr B Bhushan (Retd) in which he has contested the conclusions of Admiral Kohli in his book “We Dared”, in which the Cmdr. had specifically asked that the following information be made public: “Since the sinking of Khukri and the death of her 18 Officers and 176 Sailors is of national importance and the nation would not like to have a similar tragedy please make the following information/ documents public: - (a) The date when the Court Martial was convened and the names of the President and the other members of the court martial. To intimate the dates when the proceedings of the court martial were recorded and whether the court martial was held in camera or it was open to public. If it had been open to Public I would have brought out all the glaring blunders committed at various levels. (b) What were the findings of the Court Martial regarding the reasons for the loss of the Ship Khukri and the reasons for the death of 18 Officers and 176 Sailors of Khukri? 4 (c) The names of all the witnesses with their ranks/ ratings and their professional qualifications, from the survivors and from the panel of the specialists from the Navy, appointed to assist the Court Martial. All the statements recorded to be made public. (d) When was the Court Martial held for paying (sic) of Khukri? Please make the relevant proceedings public.” He has concluded with the following remarks: “I think history is mostly written under fear and or favour and to rewrite it to conform to truth is not easy because of strong opposition from powerful vested interests and hindrance due to emotional considerations. Please note that journalism of courage backed by dedicated commitment to truth is essential to overcome heavy odds to bring the truth to light.” To his letters to the Integrated Headquarters of Ministry of Defence (Navy), Cmdr Bhushan received a response on 26.12.05 from Commodore B. K. Verma in which he has held that “there is no basis for Cdr. Bhushan’s concern that inaccuracy in KIRPAN’S report of KHUKRI’s sinking either led to loss of life or affected the subsequent hunt for the Pakistani submarine” and that his personal views are ‘subjective and speculative’. It is on this basis that Shri Unnithan had moved his application for information. DECISION & REASONS CPIO Integrated Naval HQ has in the first instance, while responding to the information sought by appellant, in seeking exemption from disclosure u/s 8(1)(a), not cared to detail the reasons for rejection of the request for part of the information sought, as mandated u/s 7(8)(i).
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