CIC Upholds MHA’s Refusal to Disclose Enemy Property Details under RTI – Implications for Transparency and Investigation

<h2>Overview</h2> <p>The <strong>Central Information Commission (CIC)</strong> on <strong>18 February 2026</strong> upheld the <strong>Ministry of Home Affairs (MHA)</strong>'s decision to deny an RTI request concerning properties classified as “enemy property”. The decision rests on <strong>Section 8(1)(h)</strong> of the <strong>Right to Information Act, 2005</strong>, which bars disclosure if it may impede an ongoing investigation under the <strong>Enemy Property Act, 1968</strong>. The case highlights the tension between transparency and national security concerns.</p> <h3>Key Developments</h3> <ul> <li><strong>Development 1:</strong> The CIC, through Chief Information Commissioner <strong>Raj Kumar Goyal</strong>, affirmed that the information sought was exempt under Section 8(1)(h) because it could affect the investigation of enemy properties.</li> <li><strong>Development 2:</strong> The applicant’s request for details about <strong>Abdul Saeed Barrister</strong> – his migration year to Pakistan and the list of his declared enemy properties – was rejected as the records are deemed confidential.</li> <li><strong>Development 3:</strong> The Custodian of Enemy Property of India argued that the matter is still under examination, and disclosure at this stage could jeopardise the probe, leading the commission to find no merit for further intervention.</li> </ul> <h3>Important Facts</h3> <ul> <li><strong>Fact 1:</strong> “Enemy property” refers to assets left by individuals who acquired citizenship of <strong>Pakistan or China</strong> between <strong>1947 and 1962</strong>.</li> <li><strong>Fact 2:</strong> The RTI request was initially rejected by the Central Public Information Officer, citing confidentiality, before being escalated to the CIC.</li> </ul> <h3>UPSC Relevance</h3> <p>This judgment is pertinent to the UPSC syllabus under <strong>GS Paper II (Governance)</strong> – specifically sections on transparency, Right to Information, and the functioning of statutory bodies like the CIC. It also links to <strong>GS Paper III (Security)</strong> through the Enemy Property Act and the broader theme of safeguarding national interests. Aspirants can expect questions on the balance between the right to information and investigative confidentiality, as well as the legal framework governing enemy properties.</p> <h3>Way Forward</h3> <p>Future policy deliberations may need to delineate clearer guidelines on the classification of information as “confidential” under RTI, especially in cases involving security-sensitive investigations. Strengthening oversight mechanisms to ensure that the exemption clause is not misused while protecting genuine investigative processes will be crucial for maintaining public trust.</p>