Leak of report on NGOs: HC disposes of petition

The Madras High Court today disposed of a petition by anti-nuclear activist S P Udayakumar seeking action against an Intelligence Bureau official for allegedly leaking a "secret" document on foreign funding of NGOs with a view to maligning him.
Justice T.S. Sivagnanam, before whom the plea came up, recorded the affidavit filed by the Secretary, Ministry of Home Affairs, that the Ministry had ordered an inquiry by Delhi Police on July 9 last into the leakage of the document and its publication in the media and results were awaited.
"In the light of the stand taken by the Ministry of Home Affairs, New Delhi, it is seen that the matter is being inquired into and it is being proceeded in accordance with law," the judge said.

Hence, the averments made on behalf of the Ministry in the counter-affidavit "are placed on record that further action can be initiated only on the basis of prima facie proof as to who leaked the report and the writ petition is disposed of with liberty to the petitioner to work out his remedies in the manner known to law," the judge, in his order, said.
Udayakumar had alleged that S.A. Rizvi, Joint Director, IB, sent a report to the Home Ministry on June 3 last, titled 'Concerted efforts by select foreign-funded NGOs to take down Indian Development Projects'. Even though the report was marked "secret", the officer leaked it to the media with a view to maligning his reputation, Udayakumar had alleged.

Earlier when the matter came up, the Court had directed the Home Ministry to file a counter.

The inquiry by Delhi Police was still pending. It would be premature to presume how the report was leaked "since there is no evidence to support the petitioner's contention that it was leaked by the Joint Director Rizvi," the counter said.
It was against the principles of natural justice to conclude that the Joint Director had leaked the report and start departmental proceedings as demanded. Action can only be initiated on the basis of receipt of a report by MHA from Delhi Police which throws light on the facts and circumstances under which the report in question appeared in the media, the counter said.

It was submitted that IB took "utmost care" in sending its report to addressees in sealed covers, duly following procedures laid down in departmental instructions to ensure that no one can access the information except the addressee.
"A Dispatch Register is maintained in IB and signed by the dispatcher and for each received document, the receiver in the addressee office signs a Receipt Slip/Register, a record of which is duly maintained," the counter said.