New Delhi: The CIC has directed the
government to produce before it documents pertaining to 1963
talks between foreign ministers of India and Pakistan in the
aftermath of Sino-India war.
The External Affairs Ministry had "Top Secret" files in
eight volumes which have details of talks held between Foreign
Ministers of India and Pakistan, Swaran Singh and Zulfikar Ali
Bhutto respectively, in 1963 in the wake of the war with China
in October 1962.
The Ministry had refused to disclose any piece of
information to noted journalist Kuldeep Nayar who exercised
his Right to Information seeking details of talks which
reportedly hovered around Kashmir issue.
"The Commission decided that the records containing the
information sought by the appellant need to be perused by the
Commission and the same be produced before the Commission,"
a full bench of the Commission headed by Chief Information
Commissioner Wajahat Habibullah held.
Nayar had specifically sought information available on
record with the ministry related to six rounds of talks
between Swaran Singh and Bhutto which he alleged "is available
neither in the archives nor elsewhere."
In his submissions, he said the Pakistani authorities had
no objection to part with the information carrying their
viewpoint. He asked why the same information was classified as
Top Secret by Indian authorities.
"The government is saying that these are ongoing talks
hence details cannot be given. The talks were 48-years ago,
how can they be considered secret now. These are important
because Swaran Singh had offered something to Pakistani
counterpart which was not agreed upon. I want to know what was
that offer," Nayar told PTI.
The Ministry in its submission before the Commission said
information contained therein included inter alia the various
concessions discussed during the talks held in 1963 and agreed
to be provided by India to Pakistan, but which had since been
withdrawn by India, and the information about "negotiating
positions" between the two countries.
"The contents of the files (in the eight "volumes) need
to be revisited to decide whether all or part of the
information contained in the said files are sensitive enough
to be kept confidential or whether the same can be disclosed
under provisions of the RTI Act 2005."
The bench said if Ministry has taken any "conscious
decision" not to declassify these files at a "sufficiently
responsible decision making level of government" and the
reasons thereof, it was important these document must be
perused by the Commission.
PTI
