Delhi High Court issues notice to Centre on plea by Subramaniam Swamy seeking RTI response on Chinese incursions

The Delhi High Court on Monday sought Central government’s reply on a plea filed by former Rajya Sabha member Subramanian Swamy seeking information under Right to Information (RTI) Act regarding Chinese incursions into Indian territory.

Justice Subramonium Prasad issued the notice to the Ministry of Home Affairs, Ministry of Defence and the Central Information Commission and listed the matter for further hearing on January 8. 

Swamy had filed an RTI application in November last year and sought details about the extent of land “ceded” to China and a map of the same.

“What kind of India’s sovereign land has been ceded to the People’s Republic of China since 2014? Kindly provided a map of the same, each year wise,” one of the questions asked.

However, Swamy said the application was transferred between various departments and continued to be transferred even after the expiry of the timeline for receiving reply to the RTI Application. He said the First appeal met a similar fate.

Swamy then filed the second appeal in March 2023 before the Chief Information Commission but as per the petition, he never received a response to his request for expeditious decision.

“The petitioner submits that as per law laid down by various High Courts, the CIC is under an obligation to dispose of all Second Appeals within a period of 45 days,” he argued adding the appeal was still pending.

Swamy said that information sought by him is crucial information pertaining to the sovereignty and integrity of the nation and the relevance and requirement of the information will be defeated by delay.

1) What extent of the sovereign land of the Republic of India has been acquired by the People's Republic of China by India, across 1996 mutually agreed upon Line of Actual Control? Kindly provide a map of the same.

2) What extent of India's sovereign land has been ceded to China due to further creation of buffer zones or "no man's land", across the mutually agreed upon Line of Actual Control in 1996? Kindly provide a map of the same.

3) What extent of India's sovereign land has been ceded to the People's Republic of China since 2014? Kindly provide a map of the same, each year wise.

4) What extent of India's Sovereign land has been lost due to the further creation of buffer zones or "no man's land" since 2014? Kindly provide a map of the same.

5) Under what agreement or otherwise India had ceded the Aksai Chin region to China? If so, kindly provide documentation of the same, including the area ceded.

6) How many times, and on what dates has there been Chinese military illegal incursions over Indian territory across the mutually agreed upon Line of Actual Control between the countries since 1996? Kindly provide details of the same.

7) How many people have been displaced in India due to the creation of buffer zones or no man's land, or ceding of India's territory, since the drawing of the mutually agreed upon Line of Actual Control between the countries since 1996? Kindly provide details of the same.

Advocate Satya Sabharwal assisted Subramanian Swamy.