New Delhi: The Delhi High Court has set aside a Central Information Commission (CIC) order that had directed the Indian Air Force (IAF) to disclose detailed records of foreign visits undertaken by Prime Ministers Narendra Modi and Manmohan Singh on IAF aircraft, holding that disclosure could compromise national security and endanger the Prime Minister's life and physical safety.

In an order passed on October 15, Justice Amit Mahajan allowed a petition filed by the Central Public Information Officer of the Directorate of Personal Services at Air Headquarters, and ruled that the IAF was justified in denying the information under Sections 8(1)(a) and 8(1)(g) of the Right to Information (RTI) Act, 2005. The records sought — Special Flight Returns (SFR Part II) — contain details of the aircraft, aircrew, the Prime Minister's entire entourage and the Special Protection Group personnel travelling with him. The court observed that even after redacting the names and identifying particulars of security personnel, the remaining details could enable sensitive aspects of the Prime Minister's security arrangements to be reconstructed by correlating them with information available in the public domain. "This Court or the CIC cannot sit in appeal over the subjective satisfaction of the competent security agencies as to whether disclosure of particular information could jeopardise national security or endanger the life and physical safety of the Hon'ble Prime Minister," Justice Mahajan said.

The case arose from an RTI application filed in June 2018 by Commodore Lokesh K. Batra (retd), who sought details of every foreign visit undertaken by the Prime Ministers on IAF aircraft from April 1, 2013 onwards. The CIC's July 8, 2020 order had directed the IAF to provide certified copies of the available and relevant SFR Part II records. The IAF had earlier provided some information about Modi's foreign travel and stated that Manmohan Singh had undertaken no air travel on IAF aircraft between April 1, 2013 and May 25, 2014.

Sources: IANS, Bar and Bench, Times of India.