B K S R Ayyangr Vs. Archaeological Survey of India (CIC, Delhi)
The efforts, if any, will involve external affairs or international transactions or diplomacy at higher level of the Prime Minister or Minister for External Affairs or High Commissioners of India and other concerned nations to get back historic possessions that were taken out of India. One can understand Ministry of Culture transferring it to MEA. As per International Law, i.e, Treaty cited above, India has every right to secure these artifacts from British, which acceded to that treaty. Especially when Prime Minister could bring back so many artifacts from foreign countries, hopeful people legitimately expect them back. The official statements assuring their continued efforts and that they were committed bring them back besides agitation in Parliament and reports of PM’s meetings increased expectations. When Parliament cannot be denied this information the citizens too cannot be denied as per proviso under Section 8(1) of RTI Act.
The PILs and different reports give rise to various questions like: Whether Union of India believe that Koh-i-Noor was gifted to British Queen? Whether PM agree with Pandit Nehru’s stand that India had no ground to claim it back and such a claim would lead to difficulties? After England became a signatory in 1977, why not India utilize its right under Article 15 of UNESCO convention 1970? As per the commitment given to the Supreme Court, what efforts were continued by Government of India or its Ministry of External Affairs? Is there any positive outcome of meetings reportedly held by PM in this regard? As the ASI cannot furnish any answers to these questions, the people would look to the PM, for action and information.
The information sought in this case is about securing India’s cultural heritage and hence surely in larger public interest and it was not hit by any of exceptions under Section 8 or 9 of RTI Act.
The matter is now posted for June 30 2018.






