Skip to main content

CIC upholds MHA decision not to make public Naga Framework Agreement

By Venkatesh Nayak*
The Government of India (GoI) signed a peace accord (Naga Accord) with the Nationalist Socialist Council of Nagaland-IM (NSCN-IM) in August 2015 in the presence of the Hon’ble Prime Minister of India. A press release issued by the Prime Minister’s Office (PMO) called it a “framework agreement” and hinted at releasing the details and the execution plan soon after (2nd attachment). Given the concerns raised by several quarters about continued confidentiality of the contents of the Naga Accord, more than a month later, I filed an RTI application with the PMO seeking the following information under the Right to Information Act, 2005 (RTI Act):
“Apropos of the news release dated 03/08/2015 caused to be published by your public authority on the website of the Press Information Bureau (PIB) relating to the signing of the “framework agreement”, between the Government of India and the representatives of the National Socialist Council of Nagaland (NSCN), I would like to obtain the following information under the RTI Act:
1) A clear photocopy of the said framework agreement along with Annexures, if any;
2) A list of all files including electronic files and emails indicating the subject matter, and date of opening of each file in relation to the said framework agreement held by your office along with the total number of pages in each file;
3) A clear copy of all emails and records and documents included in the files referred to at para #2 above;
4) A clear photocopy of all communication received from every source in hard copy or electronic form till date, in relation to the said framework agreement;
5) Details of the compensation package along with the monthly remuneration paid till date to the Government Interlocutor mentioned in the said PIB news release and all other persons providing him assistance;
6) Item-wise details of the expenditure incurred by the Government of India for negotiating the framework agreement since 01/01/2015; and
7) Item-wise details of the funds spent on the travel and accommodation of the representatives of NSCN in New Delhi for participation in the ceremony of signing the framework agreement.
I am a citizen of India. I have attached an IPO (bearing #32F 044910) for Rs. 10/- towards payment of the prescribed application fee. I would like to point out that the information specified above is in the nature of information that is required to be proactively disclosed by your public authority under the terms of Section 4(1)(b) and (c) of the RTI Act. As I am unable to find the said information on your website, I am constrained to submit this formal request. Kindly inform me of the additional fee payable for obtaining the information described above.”

GOI was initially not prepared to confirm who actually held a copy of the Naga Accord

The Central Public Information Officer of the PMO replied that they did not hold a copy of the Framework Accord and transferred the RTI application to the North East Division of the Ministry of Home Affairs (MHA). The MHA also said initially, that it did not hold a copy of the Naga Accord (see 4th attachment). So I filed a complaint with the Central Information Commission (CIC). The CIC conducted five hearings in the matter. The RTI application, the complaint, all additional arguments I submitted and the MHA’s Counter and rejoinder are in the 4th-8th attachments.
Most of the time was taken to ascertain which office in the Government of India actually held a copy of the Naga Accord. Finally, it was revealed that the Office of the Government of India Representative for Naga Peace Talks, who is also the Chief of the Joint Intelligence Committee, holds the Naga Accord. Readers may recollect from the PIB release that he had signed the Naga Accord on behalf of GoI in August 2015.

Initially, CIC directed partial disclosure

The CIC directed disclosure of information relating to the remuneration paid to officials working with the Office of the GoI Representative, also known as the Government Interlocutor for Naga Peace Talks.
The information provided by the MHA indicated that the NSCN leaders paid for their own travel and stay during their visit to Delhi to sign the Naga Accord. About Rs. 13.07 lakhs had been paid to the two consultants hired by the Office of the GoI Representative for Naga Peace Talks. The remuneration paid to the GoI Representative himself was not disclosed.

Later CIC upholds GoI’s decision to keep Naga Accord confidential in public interest

Until the fourth hearing held in April, 2017, MHA contended that it did not hold the information at all. Then under pressure from the CIC, MHA confirmed that the GoI Representative for Naga Peace Talks held a copy of the Naga Accord, the MHA contended that it was the competent authority to take a call on whether to disclose the information or not. MHA argued that the information sought cannot be disclosed on grounds of Section 8(1)(a) pertaining to national sovereignty, territorial integrity and security of the State. I presented the following public interest arguments in favour of disclosure:
1) that MHA has repeatedly extended the application of The Armed Forces (Special Powers) Act, 1958 in Arunachal Pradesh and adjoining parts of Assam citing the alleged illegal and criminal activities of NSCN-IM and other Naga militant groups as major reasons. NSCN-IM is the party with which the Naga Framework Accord was signed in August, 2015. So I argued that the people have the right to seek clarity about the official policy of GoI towards militant groups that challenge the sovereignty and territorial integrity of India. This is especially important in view of the zero tolerance policy towards such groups repeatedly announced by senior members of the NDA Government;
2) that the contents of the Naga Accord had become a matter of widespread public debate during the recent Assembly elections in Manipur and that people had the right to know its contents from official sources;
3) that the NSCN spokespersons were making public statements about their version of the contents of the Naga Accord while GoI remained silent. So the voting and tax-paying citizens of the country have the right to know about the contents of the Naga Accord from GoI.
During the last hearing conducted by the CIC earlier this month, the CIC called for the text of the Naga Accord and other related documents for examination in camera. The GoI Official Representative for Naga Peace Talks provided an overview of the situation regarding the ongoing parleys during the open part of the hearing. The actual records were examined in camera after the CPIO and I were asked to exit the chamber, temporarily.
Now, after weighing the competing public interests favouring or opposing disclosure of the contents of the Naga Framework Accord, the CIC has ruled that it will uphold the MHA’s decision not to disclose the contents of the Framework Accord as so doing will prejudicially affect India’s sovereignty and integrity and the security and strategic interests of the State.
Most of the arguments that MHA and I put forward have been recorded in the CIC’s 24-page long decision. Unfortunately, after the final hearing, the NSCN spokesperson made some more statements about the contents of the Accord. Even though I sent a copy of the related news report to the CIC by email, the CIC elected not to take these materials on board. Fair enough, as the hearing had concluded and the decision had been reserved.
To the best of my knowledge this one of the rare instances where competing public interests were weighed by the Information Commission and a decision to favour one of them, in this case continued confidentiality was taken.
Now it is for the rest of the citizenry, civil society and the mass media, particularly, those who bear the brunt of the activities of the non-State actors in the affected States in northeastern India to press GoI for disclosure of the details of the Naga Accord and the current state of the parleys that is going on.

*Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative, New Delhi

Comments

TRENDING

Dev Anand ably acted as westernised, urban educated, modern hero, as also anti-hero

By Harsh Thakor  On September 26th we celebrated the birth centenary of legendary actor Dev Anand. Dev Saab carved out a new epoch or made a path breaking contribution in portraying romanticism and action in Bollywood cinema, giving his style or mannerisms a new colour. Arguably no Bollywood star manifested glamour in such a dignified or serene manner or struck the core of an audience’s soul in romantic melodies. Possibly we missed this evergreen star being cast in a Hollywood film. Dev Anand is like an inextinguishable soul of Bollywood. Although not as artistic or intense as Dilip Kumar, Raj Kapoor or Ashok Kumar ,Dev Anand surpassed them all for liveliness or flamboyance, with his performances radiating g energy on the screen, in realms rarely transcended. In his own right, Dev Saab, was a craftsman, like his classical contemporaries, with a characteristic composure. Perhaps never was a Bollywood star so suave, bubbling or charming as Dev Anand, who often looked like an Indian versi

Why Govt of India, Sangh Parivar want to stop the use of ‘India’? What's in a name?

By Ram Puniyani  Coincidentally after the opposition parties came together to form INDIA (Indian National Democratic Inclusive Alliance), the ruling BJP is desisting from the use of word India in official communiqués and its parent organizations RSS has issued a fatwa that only word Bharat should be used for our country. While inviting the representative’s participants of G 20, the President issued the invitation in the name of ‘Rashtrapati of Bharat’. Since then BJP is on the track of avoiding the use of the word India in all its pronouncements, saying this word smacks of colonial legacy since this word was given to the country by British colonial rulers. Mr. Hemant Biswa Sarma of BJP said that word India is part of the colonial legacy and should be removed. RSS chief and other functionaries have intensified this message. Speaking at a function at Guwahati Mr. Bhagwat, stated “We must stop using the word India and start using Bharat. At times we use India to make those who speak Eng

Significant step towards empowering and particularly engaging with informal workers

ActionAid note on drive to empower informal sector workers Odisha with the support of District Labour Department: *** The Odisha Unorganised Workers Social Security Board (OUWSSB) facilitated an Unorganized Workers Awareness Camp at the Red Cross Bhawan in Bhubaneswar, Odisha. The event took place in collaboration with the District Labour Department at Khordha, Centre for Child and Women Development and ActionAid Association. This informative event aimed at empowering informal sector workers by disseminating crucial information regarding their eligibility for various social security schemes provided by the Government of Odisha.

Grassroots NGO enlightens people of Kupwara with intricacies of Right to Information

J&K RTI Foundation and Founder Civil Rights Movement Kupwara note on how RTI Pend is empowering Kupwara with insights on Right to Information Act: *** RTI Pend, the grassroots initiative aimed at democratizing access to information, hosted its 2nd event in Kupwara. On the request of the Civil Rights Movement Kupwara, this event was tailored to enlighten the people of Kupwara with the intricacies of the Right to Information Act, presented in their local language and dialects. The event successfully bridged both offline and online participation, addressing queries on the spot and offering applicants practical solutions.

Abrogation of Art 370: Increasing alienation, relentless repression, simmering conflict

One year after the abrogation by the Central Government of Art. 370 in Kashmir, what is the situation in the Valley. Have the promises of peace, normalcy and development been realised? What is the current status in the Valley? Here is a detailed note by the People’s Union for Civil Liberties , “Jammu & Kashmir: One Year after Abrogation of Art. 370: Increasing Alienation, Relentless Repression, Simmering Conflict”:

Why originality of Gandhi's thoughts, example of his life still inspire people world over

By Moin Qazi*  Mahatma Gandhi's birth anniversary reopens a familiar debate around his legacy every year. How could a frail man use his moral strength to galvanize 400 million Indians in their struggle for independence from the mighty British Empire? How did Gandhi inspire ordinary people to turn fear into fearlessness and anger into love? What were his tools for fighting colonialism? How could he inspire the world to embrace his philosophy of nonviolence? What can we learn from him today? And is he still relevant?

Regretful: Kapil Dev retired not leaving Indian cricket with integrity he upheld

By Harsh Thakor  Kapil Dev scaled heights as an entertainer and a player upholding the spirit of the game almost unparalleled in his era. In his time he was cricket’s ultimate mascot of sportsmanship On his day Kapil could dazzle in all departments to turn the tempo of game in the manner of a Tsunami breaking in. He radiated r energy, at a level rarely scaled in his era on a cricket field. Few ever blended aggression with artistry so comprehenisively. Although fast medium, he could be as daunting with the ball as the very best, with his crafty outswinger, offcutter, slower ball and ball that kicked from a good length. Inspite of bowling on docile tracks on the subcontinent, Kapil had 434 scalps, with virtually no assistance. I can never forget how he obtained pace and movement on flat pancakes, trapping the great Vivian Richards in Front or getting Geoff Boycott or Zaheer Abbas caught behind. No paceman carried the workload of his team’s bowling attack on his shoulders in his eras muc

Sewer workers not given ESI cards that would ensure health benefits they need the most

A note by the Dalit Adivasi Shakti Adhikar Manch (DASAM), an organization working for the issues of sanitation workers in Delhi NCR, on right to life and dignity which still seems light years away for sewer workers: *** Exploitation of Sewer workers is not just a labour issue, but it is rooted in the caste system and cannot be separated from the historical socio-religious-cultural-economic exploitation of the Dalit community! Stated Mr. Y.S. Gill, Senior Journalist and Documentary Film maker in the press conference organised by Dalit Adivasi Shakti Adhikar Manch (DASAM) in Integrated Social Initiatives (ISI), Lodhi Road, New Delhi on issues of sewer workers in Delhi. The press conference was attended by a number of community members, activists, members of the civil society, students etc.

Agro-biodiversity through seed identification, conservation, replication, crop selection

By Kuntal Mukherjee, Basant Yadav, Shivnath Yadav* This article is mainly based on a journey of the three of us since 2010 based on field experience, study of different articles, reflective journeys with local community based organisations, villagers and practitioners in Chhattisgarh. The slow growth of Agriculture in India with near stagnation in productivity since mid ‘80s in contrast to the remarkable growth during the green revolution period has come to the front as a great concern. In post WTO era Indian Agriculture has been witnessing structural changes, uncontrolled influx of agriculture goods and commodities from foreign countries due to open market nature. The gradual reduction in subsidies from internal production leads to increasing cost of production of agriculture produces at the farm gate. It causes gradual decrease in internal production as well as productivity and posing threats to small farm and stakeholders. 

How the slogan Jai Bhim gained momentum as movement of popularity and revolution

By Dr Kapilendra Das*  India is an incomprehensible plural country loaded with diversities of religions, castes, cultures, languages, dialects, tribes, societies, costumes, etc. The Indians have good manners/etiquette (decent social conduct, gesture, courtesy, politeness) that build healthy relationships and take them ahead to life. In many parts of India, in many situations, and on formal occasions, it is common for people of India to express and exchange respect, greetings, and salutation for which we people usually use words and phrases like- Namaskar, Namaste, Pranam, Ram Ram, Jai Ram ji, Jai Sriram, Good morning, shubha sakal, Radhe Radhe, Jai Bajarangabali, Jai Gopal, Jai Jai, Supravat, Good night, Shuvaratri, Jai Bhole, Salaam walekam, Walekam salaam, Radhaswami, Namo Buddhaya, Jai Bhim, Hello, and so on.