PMO refuses to disclose Bose files, CIC reserves order

The Prime Minister's Office has told the Central Information Commission that it cannot declassify files related to freedom fighter Subhas Chandra Bose as it will adversely affect relations with foreign countries. During the hearing before the CIC on Wednesday, the PMO admitted that it has files related to Bose but did not give any specifics and submitted that they cannot be declassified keeping in mind the relations with foreign countries.

The top office cited section 8(1)(a) which allows the government to withhold information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence. RTI activist Subhash Agrawal, who had sought declassification of documents pertaining to Bose, made a strong plea before the Commission citing section 8(2) of the RTI Act which allows exempted records to be disclosed if public interest in disclosure outweighs the harm to the protected interests.

"Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests," the Act says.