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

Manmade disaster? Infrastructure projects in, around Vadodara caused 'devastating' floods

Counterview Desk  In a letter to local, Gujarat, and Indian authorities, several concerned citizens* have said that there has been devastating flood and waterlogging situation in Vadodara region since Monday 26th August 2024 which was "avoidable", stating, this has happened because of "multiple follies, flaws and fallacies across all levels of governance."

Everyone we meet is a teacher – if we only know how to connect the dots

By Dr Amitav Banerjee, MD*  We observe Teacher's Day on 05 September every year. In my journey from being a student and later a teacher which of course involves being a life-long student, I have come across many teachers who have never entered the portals of a educational institution, in addition to those to whom we pay our respects on Teachers Day.

Labeled as social lending, peer-to-peer system is fundamentally profit-driven

By Bhabani Shankar Nayak  The Sumerian civilisation, one of the earliest known societies, had sophisticated systems of lending, borrowing, credit, and debt. These systems were based on mutual trust and social currency, allowing individuals to engage in economic transactions without the need for physical money or barter. Instead, social bonds and communal trust underpinned these interactions, facilitating trade and the distribution of resources. 

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Shared culture 'makes it easy' to talk about Indo-Pak friendship across the border in Punjab

By Sandeep Pandey*  The Socialist Party (India) recently organized a India Pakistan Peace and Friendship March during 9 to 14 August, 2024 from Mansa to Atari-Wagha border in Amritsar District. Since the Modi government has come to power it has become difficult to cross the border otherwise it would have been a march going inside Pakistan as one was organized in 2005 between Delhi and Multan.

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad*  The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

Teachers in conflict zones displaying 'extraordinary commitment, courage' in the face of adversity

By Bharat Dogra*  While the devastation of conflict and war zones often draws attention to the tragic loss of life, a less visible yet equally alarming crisis unfolds over time: the disruption of education. This turmoil poses a significant threat to the future prospects of children and their opportunities for growth. 

'Historic': Battling jellyfish stings, fierce tides, Tanvi, mother of two, swam across English channel

By Harsh Thakor*  On June 30, 2024, Tanvi Chavan Deore, a 33-year-old swimmer and mother of two from Nashik, Maharashtra, made headlines by becoming the first Indian mother to successfully swim across the English Channel. This grueling 42-kilometer stretch of water between the UK and France is widely regarded as one of the most challenging swimming feats in the world.