NEW DELHI: The Delhi high court has upheld the Indian Air Force’s (IAF) decision to deny access to records of foreign visits undertaken by Prime Minister Narendra Modi and his predecessor, Manmohan Singh, setting aside a Central Information Commission (CIC) order directing the force to disclose the flight records.Justice Amit Mahajan ruled that the CIC had “erred” in its July 2020 order directing the IAF to disclose Special Flight Returns (SFR-II), even after redacting the names and identifying details of security personnel.The judge observed that removing such details would not necessarily eliminate potential security risks.Justice Mahajan rejected the petitioner’s argument that the information was a matter of significant public interest as it concerned expenditure on foreign visits funded by taxpayers.Counsel for the petitioner, Commodore (retired) Lokesh Batra, argued that the request sought details of private individuals who accompanied the prime ministers at public expense, not the identities of security personnel.“The mere fact that public funds have been expended on the foreign visits of the Hon’ble prime minister does not, by itself, justify disclosure of information which may compromise the security arrangements put in place for such visits,” the judge observed.The high court held that once the competent authority (IAF) concluded that disclosing the information could jeopardise national security or the prime ministers’ safety, neither the CIC nor the court could override the assessment of the security agencies responsible for their protection.Citing Supreme Court judgments on exemptions under the RTI Act, the court reiterated that the right to information (RTI) is not absolute and must be balanced against other protected interests, including national security and the confidentiality of sensitive information.Justice Mahajan noted that Section 8(1)(a) of the RTI Act exempts information whose disclosure could adversely affect the security or strategic interests of the State, while Section 8(1)(g) protects information whose disclosure could endanger a person’s life or physical safety.Holding that the IAF was justified in invoking these exemptions, the high court allowed the petition and set aside the CIC’s order. It also disposed of all pending applications.
The case
The case arose from an RTI application Batra filed on June 5, 2018, seeking details of prime ministers’ foreign visits on IAF aircraft from April 1, 2013, until the date of his application.The IAF provided some information about PM Modi’s foreign travel but stated that Manmohan Singh had not travelled on IAF aircraft between April 1, 2013, and May 25, 2014.However, it refused to provide copies of the Special Flight Returns (SFR), Parts I and II, citing national security concerns and the confidential nature of the records.The IAF maintained that the documents contained sensitive details about the aircraft, aircrew, passengers and Special Protection Group (SPG) personnel accompanying the prime minister. It argued that disclosure, particularly when combined with information already available in the public domain, could reveal details of the prime minister’s security arrangements.
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After the First Appellate Authority rejected Batra’s appeal in September 2018, he approached the CIC. The commission directed the IAF to provide certified copies of the available and relevant SFR-II records, prompting the force to challenge the order before the high court.During the proceedings, the IAF argued that the records contained interconnected details, including passengers’ designations, appointments, identification numbers, flight references, passenger numbers and agency particulars. It stated that disclosing these details could help identify security personnel, reveal the composition of the prime ministers’ entourage and allow inferences about security deployment patterns.(With ANI inputs)
