The Bose Files
[ The Rashtriya Swayamsevak Sangh (RSS) is likely to take up the mysterious disappearance of Subhas Chandra Bose with the Centre for immediate declassification of the secret files related to Netaji. In truth the Modi government like its predecessors refused to release the secret files. The Mukherjee Commission set up by the Atal Behari Vajpayee government noted in its report that many vital documents held by the Centre were not made available to the Panel. The allegation that the Nehruvian Congress made a secret deal with the British Government to hand-over Netaji to the Brirish government to face war crimes trial, is dismissed as baseless by the persons in power. But the Centre’s continued refusal to declassify the Bose files citing compulsions because of ‘relations with a foreign state’ strengthens the belief that the allegation may not be baseless. In response to the first appeal under Section 19(1) of Right to Information Act, made by the RTI activist Subhas Chandra Agrawal, the Prime Minister’s Office made certain revelations. We publish below all relevant papers related to APPEAL and REPLY so that readers can infer their own conclusion. ]
Appellate Authority under RTI Act
Prime Minister's Office (PMO)
I vide my RTI petition dated 14.09.2013 sought complete information together with related documents/correspondence/file-notings on under-mentioned aspects:
1. Is it true that there are some files relating to Netaji Subhash Chandra Bose with Union government?
2. Complete information on subject-matters of all files relating to Netaji Subhash Chandra Bose as available with Union government.
3. Copies of complete files relating to Netaji Subhash Chandra Bose.
4. Complete information on action taken for making public files relating to Netjai Subhash Chandra Bose.
5. Copies of requests made by various persons to make files relating to Netaji Subhash Chandra Bose public.
6. Complete information on action taken on requests for making public files relating to Netjai Subhash Chandra Bose.
7. Complete information on commissions etc constituted for enquiry into alleged death of Netaji Subhash Chandra Bose in 1945 mentioning outcome of each of such enquiry commissions.
8. Complete information on efforts made, if any, by Indian government to trace Netaji Subhash Chandra Bose (pre-independence or post-independence) after his sudden disappearance in August, 1945?
9. Is it true that Indian government has/had been in some agreement with British government for handing over Netaji Subhash Chandra Bose to British-government?
10. Copies of any agreements between Indian government and British government (pre-independence or post-independence) relating to Netaji Subhash Chandra Bose.
11. Complete informadon on celebrating birth-anniversary of Netaji Subhash Chandra Bose every year on 23rd January by Union and/or state-governments mainly including of West Bengal and Orissa.
12. Complete information on honours awarded by Union and/or state-governments including also creating memorials or naming institutions after him in honour of Netaji Subhash Chandra Bose.
13. Comparative chart of annual expenses for last three years made on celebrating birth/death anniversaries of departed leaders by Union government mentioning also if such expenses are made for celebrating birth-anniversary of Netaji Subhash Chandra Bose also.
14. Is 'Netaji' an officially designated honoured pre-fix in the name of Netaji Subhash Chandra Bose?
15. Complete file-notings/correspondence/documents etc on honouring Netaji Subhash Chandra Bose with pre-fixed word 'Netaji' before his name.
16. Any other related information.
17. File-notings on movement of RTI petition.
Learned CPIO vide a much-delayed response No. RTI/4563/2013-PMR dated 21.11.2014 in response to query-numbers (3) and (4) declined information as exempted under section 8(l)(a) read with section 8(2) of RTI Act as according to CPIO providing information would prejudicially affect relations with foreign countries!
But the matter being so old and people in India being so much sensitive and provocative about mystery in death of Netaji Subhash Chandra Bose indeed requires invoking provisions of section 8(2) of RTI Act in a positive and right perspective where section 8(2) allows access to information in case public interest overweighs the harm protected. Here in this case, public interest definitely overweighs the harm protected where even several commissions/committees have been formed by Union government to probe mystery in death of Netaji Subhash Chandra Bose. Even family-members of India's great freedom-fighter have from time to time expressed their extreme displeasure over Union government handling the probe-matter even to extent of declining receiving Bharat Ratna once announced for Netaji Subhash Chandra Bose.
Learned CPIO did not even specify name of the country with which relations would be likely to be prejudicially affected. In case such a country is United Kingdom (England), then much more larger public-interest is involved because of Netaji Subhash Chandra Bose having devoted his life against domination of that country depriving India from freedom for long till 15.08.1947. India is now a free country which is no longer under domination of UK. Revealing copies of files will also make the picture clear when media-reports have repeatedly shown certain persons being categorized as Netaji Subhash Chandra Bose having led life in anonymity for some undisclosed reasons after independence of the country.
Under the circumstances, I appeal that learned CPIO may kindly be directed to provide complete information together with sought and related documents; to query (3) of RTI petition but now free-of-cost under section 7(6) of RTI Act. Rather all these documents should be directed to be put on website.
Learned CPIO may kindly be directed to provide specific reply to query (4). In case, no steps are being taken to make files relating to Netaji Subhash Chancira Bose public, then it should be so mentioned specifically.
Learned CPIO while declining information on query (5) and subsequently to query (6) quoted CIC-verdict dated 07.10.2011 in appeal-number CIC/LS/A/2011/002230. But firstly the cases are to be decided on merit according to circumstances of each case. Moreover referred CIC-verdict was an ex-party verdict where appellant was absent and no pleading was possible in that case. Present case is very specific, and PMO may be able to sort computerized data on the query (5). I appeal that learned CPIO may kindly be directed to re-visit query (5) and subsequently to query (6) with direction to make sincere and serious efforts to provide information with sought and related documents but now to be provided free-of-cost under section 7(6) of RTI Act. It is prayed accordingly.
Learned CPIO did not provide particulars of Appellate Authority as mandatory under section 7(8) of RTI Act.
SUBHASH CHANDRA AGRAWAL
(Guinness Record Holder
& RTI Activist)
1775 Kucha Lattushah
Dariba, Chandni Chowk
DELHI 110006 (India)
Speed Post AD
Right to Information
Prime Minister's Office
Dated: Nov, 2014
Shri Subhash Chandra Agrawal
1775, Kucha Lattushah Dariba,
Subject : Follow-up on appeal decision-regarding
Please refer to your letter dated 30.9.2013, received on 3.10.2013, preferring an appeal under the Right to Information Act, 2005 and decision dated 1.11.2013 of the appellate authority in this office.
2. In view of submission made by you and appeal decision dated 1.11.2013, the matter was again referred to the office for providing fresh inputs on points 1 to 6. Inputs provided by the office are enclosed (1 +3=4 pages).
(P K Sharma)
Under Secretary and
Central Public Information Officer
Ph. : 2338 4667
Encl: As above (4 pages).
S.N. File No. Subject Classlfication
1. 2(658)/53-PMS Jankinath Bhawan at Cuttack, birthplace of Shri Subhas Chandra Bose–acquisition by the Orissa Government of use of the building as a hospital by the Netaji Subhas Seva Sadan
2. 2(64)/56-66-PM(V.l) Death of Shri Subhash Chand-a Bose -Appointment of an inquiry committee to go into the circumstances of the death
3. 2(64)/56-66-PM(V.2) Death of Shri Subhash Chand-a Bose -Appointment of an inquiry committee to go into the circumstances of the death
4. 2(64)/56-67-PM(V.3) Death of Shri Subhash Chandra Bose -Appointment of an inquiry committee to go into the circumstances of the death
5. 2(64)/56-68-PM(V.4) Death of Shri Subhash Chandra Bose -Appointment of an inquiry committee to go into the circumstances of the death
6. 2(64)/56-70-PM(V.5) Death of Netaji Subhash Chandra Bose -Appointment of an inquiry committee to go into the circumstances of the death
7. 2/67/56-7t-PM(V.l) Widow and daughter of Shri Subhash Chandra Bose Miscellaneous correspondence with and about
8. 2(67)756-7 1-PM(V.2) Widow and daughter of Shri Subhash Chandra Bose Miscellaneous correspondence with and about
9. 2/64/78-PM N.S.C. Bose
10. 2/64/78-PM Annexure —
11. 2/67/78-PM Widow and daughter of Shri Subhash Chandra Bose Miscellaneous correspondence with and about
12. 2/64/79-PM N.S.C. Bose
13. 2(64)/80-PM N.S.C. Bose
14. 2/64/80-PM Annexure *
15. 2(64)/81-PM N.S.C. Bose
16. 2(64)/82-PM N.S.C. Bose
17. 2(64)/84-PM N.S.C. Bose
18. 2/64/86-PM N.S.C Bose
19. 800/6/C/3/88-Pol Death of Netaji Subhash Chandra Bose–Appointment of an enquiry commission to go in to the circumstances–papers regarding INA treasure etc.
20. 800/6/C/l/89-Pol Netaji Subhash Bose
21. 800/6/ai/90-Pol Netaji Subhas Bose–bringing in the ashes of
22. 870/1 l/P/17/90-Pol Netaji Subhash Chandra Bose–disappearance regarding—reference from Prof. Samar Guha, MP
23. 800/5/C/l/91-Pol(V.l) Bharat Ratna Award–Maularia Abul Kalam Azad, Subhash Chandra Bose, JRD Tata, Morarji Desai
24. 800/6/C/l/91-Pol Netaji Subhsash Chandra Bose–disappearance of
25. 870/1 I/PA 0/9 1-Pol Netaji Subhsash Chandra Bose–disappearance regarding -reference from Prof Samar Guha, MP
26. 870/1 l/P/16/92-Pol Netaji Subhash Chandra Bose–disappearance of- papers regarding
Funeral of widow of Netaji
27. 870/1 l/P/10/93 Pol(V.2) Disappearance of N S Chandra Bose-regarding
28. 870/11/P/11/95-Pol Disappearance of Netaji Subhaih Chandra Bose
29. 915/11/C/6/96-Pol Disappearaice/ death of Netaji Subhash Chandra Bose, etc.
30. 915/11/C/9/99-Pol(V.l) Netaji Subhash Chandra Bose disappearance/ death inquiry reg
31. 915/11/C/9/99-Pol(V.3) Netaji Subhsash Chandra Bose–death / disappearance regarding
32. 915/11/C/2/2006-Pol(V.l) Netaji Subhas Chandra Bose-regarding
33. 915/11/C/2/2006-Pol(V.3) Mortal remains of Netaji Sublias Chandra Bose kept in the Rankoji Temple in Japan on behalf of Govt. of India- letter dated 7.12.2006 addressed to the Prime Minister by Shri Barun Mukherjee, MP (Rajya Sabha) and Shri Subrata Bose, leader of All India Forward Bloc in Lok Sabha & nephew of Netaji Subhas Chandra Bose regarding.
34. 915/11/C/2/ Court case- CAN no. 2133 of 2008 in WP no. 2754/
2006-Pol(V.4) 2006-Shri A.K. Ganguly & oths vs. Uol & oths- letter from Shri A.K. Ganguly & Subhash Chandra Basu- regarding disappearance of Netaji Subhas Chandra Bose
35. 915/11/C/2/2008-Pol Disappearance of Netaji Subhas Chandra Bose- matter / pps related to WP 10. 821 J (w) of 2008 in Calcutta High Court
36. 915/1 l/C/l/2009-Pol WP no. 8215(w) of 2008 filed in the Calcutta HC by Subhas Chandra Basu and otrs- regarding disappearance of Netaji S.C. Bose
37. 23(liyS6-57-PM-NGO INA Treasure declassified / Sent to
38. T-2(64)/78-PM-NGQ. Death of Netaji Subhash Chandre. Bose–Appointment of an enquiry commission to go into the: circum
stances of death declassified / Sent to
39. G-12(3)/98-NGO Transfer of the Ashes of Netaji SC Bose to India
40. G-16(4)/2000-NGO(V.l) Death/Disappearance of Netaji S C Bose–Justice Mukherjee Commission of Inquiry
41. G-16(4)/2000-NGO(V.2) Death/Disappearance of Netaji S C Bose–Justice Mukherjee Commission of Inquiry
S.N. Information Sought
1. Is'it true that there are some files relating to Netaji Subhash Chandra Bose with the Union Government?
2. Complete information on subject matter of all files relating to Netaji Subhash Chandra Bose as available with Union Government.
3. Copies of complete files relating to Netaji Subhash Chandra Bose.
4. Complete information on action taken for making public files relating to Netaji Subhas Chandra Bose.
5. Copies of requests made by various persons to make files relating to Netaji Subhas Chandra Bose public.
6. Complete information on action taken on requests for making public files relating to Netaji Subhas Chandra Bose.
Yes, this Office has some files releted to Netaji Subhas Chandra Bose. A list of files, unclassified / classified / declassified, with number and subject matter relating to Netaji Subhas Chandra Bose is enclosed.
Disclosure of the documents contained in these files would prejudicially affect relations with foreign countries. As such these files are exempt from disclosure under Section 8(1)(a) read with 8(2), of the "Right to Information Act, 2005.
Reference is invited to CIC's order no. CIC/LS/A/2011/002230 Dated 07.10.2011 in the case-of Shri Ashok Kumar Vs. Ministry of Power (copy enclosed). In pursuance of the said order, the information/documents sought by the applicant may be declined with the request to him to be specific on his requests for supply of information as the information sought by the applicant is very wide i.e. no specific case(s) has been mentioned. Collating of the information, if any, will require diversion of resources.
In view of the (5), question does not arise.
Vol. 47, No. 33, Feb 22 -28, 2015