Note sheets on president's medals to police officers not a privileged communication: CIC

Records of note sheets on awarding president's medals to police officers are not a privileged communication between the prime minister and the president having immunity from disclosure under Article 74(2) of the Constitution, the Central Information Commission has told the home ministry. The Commission, the highest adjudicating body in RTI matters, was hearing a petition of activist Nutan Thakur, who had sought copies of records, including the note sheet and the communications in cases — when President's Police Medals for Distinguished Service were awarded and when they were rejected in spite of clearance from state governments.

The Union home ministry had denied the note sheet stating that the same cannot be provided because it contains exchanges of advice and opinion between the prime minister and the president, which are privileged under Article 74(2) of the Constitution.

Thakur strongly refuted the claims, saying no provision under the 2005 RTI Act restricts a public authority from disclosure of communication between the prime minister and the president under Article 74(2). She said denial of information under the RTI Act can take place only under its provisions.

Citing the Supreme Court judgments in S P Gupta and S R Bommai cases which had examined and interpreted Article 74(2), Chief Information Commissioner Sudhir Bhargava noted that the disclosure of the note sheet is not barred by Article 74(2). "... The Commission observes that the information sought for, namely a copy of the note sheet and communications of various offices of the Ministry of Home Affairs related to cases in which PPMDS were granted/not granted by MHA for the period since January 01, 2010 till date is not barred by Article 74(2) of the Constitution of India," he said.

Bhargava directed the home ministry to decide on disclosure or withholding of information on the basis of applicability of exemption clauses of in Section 8(1) of the RTI Act.

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