'National interest, safety' outweigh disclosure: CIC upholds denial of Ashok Hotel structural report

New Delhi: The Central Information Commission (CIC) has upheld the denial of an IIT Roorkee report on the structural safety of Delhi's Ashok Hotel, a public-sector property, to an RTI applicant, saying disclosure of sensitive building details could expose security vulnerabilities.

In an order, Information Commissioner Sudha Rani Relangi observed that the hotel's location near important government and diplomatic establishments and its use for national and international events raised specific security concerns, stressing that national interest outweighs general interest in accessing the report.

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"The security and safety considerations associated with disclosure of detailed building layouts, vital installations, emergency exits, refuge areas and other security-sensitive particulars outweigh the general interest in disclosure of the complete report," the commission said.

The report was prepared by the Indian Institute of Technology (IIT), Roorkee, following a study sponsored by the India Tourism Development Corporation (ITDC), a central public sector enterprise under the administrative control of the Union Tourism Ministry.

The RTI applicant had sought the report, its findings, details of any amendments or corrigenda, and correspondence between IIT Roorkee and ITDC regarding the structural assessment.

The applicant argued that the information was in the larger public interest, citing concerns over the hotel's structural strength.

IIT Roorkee and ITDC opposed disclosure, stating that the report contained detailed drawings and information about the hotel's structural features, vital installations, emergency exits and disaster refuge areas.

ITDC submitted that the hotel regularly hosts national and international meetings, conferences and summits attended by protected persons, government functionaries and diplomatic representatives.

It also pointed out that several state government buildings, embassies and high commissions, as well as the Prime Minister's residence, are situated in the vicinity.

The commission noted that disclosure of the detailed layouts could expose vulnerabilities of the premises. It said such information could have a direct bearing on the safety of people in and around the hotel.

"Disclosure of detailed layouts showing access points, emergency exits, vital installations, refuge areas and other security-sensitive features may, depending upon the contents, expose vulnerabilities of the premises," the order said.

Invoking Section 8(1)(g) of the Right to Information (RTI) Act, which exempts information whose disclosure could endanger a person's life or physical safety, the commission held that the provision applied to the security-sensitive details in the report.

"The exemption under Section 8(1)(g) of the RTI Act, 2005 is, therefore, attracted to such security-sensitive information," it said.

The CIC also held that Section 8(1)(a), which protects information affecting the security and strategic interests of the state, applied to relevant portions of the report.

It noted that Section 8(1)(d), concerning commercial confidence and other commercially sensitive information, was also applicable to the extent that disclosure could adversely affect the interests of the third party.

The commission considered whether the larger public interest cited by the applicant justified disclosure but concluded that the specific security concerns outweighed the general interest in obtaining the complete report.

It also rejected the possibility of releasing portions of the report under Section 10 of the RTI Act, which provides for severability, observing that the sensitive drawings and related details could not be meaningfully separated without compromising protected information or rendering the report substantially unintelligible.

"The apprehension of the Respondent regarding the possible adverse consequences of disclosure of detailed security-sensitive information is found to have a reasonable basis," the order said.

The commission found no ground to interfere with the denial of information and disposed of the second appeal, upholding the exemption claimed in respect of the report.