Refusing Mission Netaji's plea to review its decision in Netaji-R&AW case, the Central Information Commission (CIC) has stated that it has "no jurisdiction to pass any orders/decisions" to India's external intelligence agency Research and Analysis Wing (R&AW). The CIC has stated in a letter issued on 9 April 2007 that R&AW, which figures in the in the Second Schedule of the RTI Act, is beyond its preview, unless the matter involves allegation of corruption and human rights violation.

Mission Netaji's Anuj Dhar had sought a review of Chief Information Commissioner Wajaht Habibullah earlier decision that the agency was exempt from providing information under the RTI Act.

In late 2006, Dhar had sought a confirmation from the Prime Minister's Office (PMO) if they and R&AW, which reports to the Prime Minister, were holding several classified records on Subhas Chandra Bose. The PMO admitted to holding many files and forwarded Dhar's request to Secretary (R), Cabinet Secretariat, (R&AW chief's office) for "appropriate action" on their part.

Dhar brought the matter to the notice of the CIC in December 2006 when no answer came from R&AW. However, a couple of days later, Dhar received a qualified answer from R&AW, saying that "no records/files relating to the alleged disappearance of Netaji Subhash Chandra Bose are available" with them. R&AW further clarified to Dhar, in another letter dated 19 January 2007, that they were holding "no information pertaining to Netaji".

This was followed by Chief Information Commissioner Wajaht Habibullah's ruling on 29 January 2007, based complaint Dhar had made in December 2006, that "under the law Secretary (R) is not obliged to respond". The ruling also ticked off the PMO for "leading him (Dhar) to believe that he could expect a reply from the office of Secretary (R)".

Thereafter, Dhar sought a review of the ruling, pointing out that an affidavit filed by former Union Home Secretary Kamal Pande before Mukherjee Commission in 2001 had refered to "a 1994 record originating from R&AW about certain classified KGB records on Netaji."

"My contention is that with such a recent record evidently available with them, R&AW could not have said that they had'no information pertaining to Netaji'. In the circumstances, I appeal to you to kindly revise your decision and issue appropriate directive to the Cabinet Secretary (R) to give an accurate answer to my request."

Dhar also tried to impress upon the Chief Information Commissioner that there was an "inherent human rights angle" to the case.

"You will be aware that recently Justice Mukherjee Commission of Inquiry concluded that Bose disappeared while flying to the USSR. This stoked the widespread public apprehensions that Netaji had not died as was reported and was possibly incarcerated in the former USSR. Under such a scenario, withholding or concealing any information that might help the people India to know anything about Bose's fate would amount to violation of human rights. In fact, possessing but withholding any such information will only perpetuate such a violation."

In response, which reached Dhar yesterday evening, the CIC cited the RTI Act 2005 and ruled out a review of its decision.