CIC directs Centre to give point-wise reply to Subramanian Swamy on RTI queries about Chinese incursions

Chief Information Commissioner Heeralal Samariya directed the Public Information Officer of the Ministry of External Affairs to revisit Swamy's RTI application and provide a point-wise response to his queries

Chief Information Commissioner Heeralal Samariya directed the Public Information Officer of the Ministry of External Affairs to revisit Swamy's RTI application and provide a point-wise response to his queries
Chief Information Commissioner Heeralal Samariya directed the Public Information Officer of the Ministry of External Affairs to revisit Swamy's RTI application and provide a point-wise response to his queries

CIC directs the MEA to submit a compliance report before the Commission within one week

The Central Information Commission (CIC) on Monday directed the Central government to give point-wise replies to BJP leader Subramanian Swamy‘s Right to Information (RTI) queries related to incursions by China since 1996. Chief Information Commissioner Heeralal Samariya directed the Public Information Officer (PIO) of the Ministry of External Affairs (MEA) to revisit Swamy’s RTI application and provide a point-wise response to his queries.

“Upon hearing averments of the contesting parties and after perusal of records of the case, the Respondent – PIO, MEA is hereby directed to revisit the RTI Application and furnish a point-wise revised reply to the queries raised by the Appellant within four weeks of receipt of this order,” Samariya ordered. The CIC further directed the MEA to submit a compliance report before the Commission within one week thereafter.

Subramanian Swamy, regularly slams the Modi government on the non-transparency on Chinese intrusions, in the RTI application filed in November 2022 had sought details regarding the illegal incursions along the Line of Actual Control (LAC) and any cession of land to China since 1996 and 2014. Dissatisfied with the response received from the Centre, Swamy filed a second appeal before the CIC.

Subramanian Swamy sought information on the following aspects:

  1. To what extent of the sovereign land of the Republic of India been acquired by the People’s Republic of China, across the 1996 mutually agreed upon Line of Actual Control? Kindly provide a map of the same.
  2. To what extent of India’s sovereign land been ceded to China due to further creation of buffer zones or “no man’s land”, across the mutually agreed upon Line of Actual Control in 1996? Kindly provide a map of the same.
  3. To what extent of India’s sovereign land been ceded to the People’s Republic of China since 2014? Kindly provide a map of the same, each year wise.
  4. To what extent of India’s Sovereign land been lost due to the further creation of buffer zones or “no man’s land” since 2014? Kindly provide a map of the same.
  5. Under what agreement or otherwise India had ceded the Aksai Chin region to China? If so, kindly provide documentation of the same, including the area ceded.
  6. How many times, and on what dates has there been Chinese military illegal incursions over Indian territory across the mutually agreed upon Line of Actual Control between the countries since 1996? Kindly provide details of the same.
  7. How many people have been displaced in India due to the creation of buffer zones or no man’s land, or ceding of India’s territory, since the drawing of the mutually agreed upon Line of Actual Control between the countries since 1996? Kindly provide details of the same.

Swamy did not initially receive any response from the authorities within the timeline prescribed under the RTI Act, he then filed a second appeal before the CIC in March 2023. In response, the MEA told the CIC that it furnished the information held in the official records, in April 2023. In answer to his certain questions, the MEA had provided Swamy the copies of answers given by Defence Minister to the Parliament.

Due to the delay in disposing of his appeal before the CIC, Swamy last year had approached the Delhi High Court too. On October 09, 2023, the Court issued notice to the Union government and CIC. The petition is still pending before the High Court, with the next date of hearing on April 4.

Subramanian Swamy before the High Court had contended that information sought by him is crucial as it pertains to the sovereignty and integrity of the nation. Advocates Vishesh Kanodia and Vaidushya Parth assisted Subramanian Swamy in arguments before CIC.

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