RAJIV SHAKDHER, J.

Prefatory facts

1. The petitioner before this Court is a person by the name Md. Abdul Moyeed who seeks to enter India but has been denied permission to do so as he has been, evidently, put on a “Blacklist” by the respondents. The petitioner who was born and brought up in India migrated to Canada in 1997 and thereafter, applied and consequently, acquired Canadian citizenship in May, 2001.

1.1 The petitioner is also an Overseas Citizen of India Cardholder (in short ‘OCI cardholder’). The record reveals that the petitioner has two wives, one of whom is a Canadian national. From his Canadian wife, i.e., Ms. Rayees Fathima, he has three children whereas, from his Indian wife, i.e., one, Ms. Syeda Kausar, he has four children who hold Indian passports. It is also not in dispute that the petitioner is a Civil Engineer by profession, which is a qualification that he acquired in India and that, his mother was a teacher in a Government school in Musheerabad, Hyderabad.

2. It is averred by the petitioner that since he received information that one of his sons who is differently abled was seriously ill, he decided to visit India and, accordingly, boarded a British Airways flight (BA0098) on 26.12.2015 to reach London from where he boarded another flight bearing no. BA0277 to reach India. This flight landed at Rajiv Gandhi International (RGI) Airport in Hyderabad.

2.1 Evidently, the petitioner arrived at the RGI Airport in Hyderabad, on 28.12.2015. It is when he reached the immigration barrier that he was accosted by an immigration officer, one, Ms. Afroza, who told him that he would have to return to Canada as the Government of India (in short ‘GOI’) had banned his entry into India.

2.2 It is the petitioners case that he was questioned about his religion and after being confined, as indicated above, was forced to take the next flight out of Hyderabad, albeit, to Canada.

3. The petitioner, on 20.1.2016, wrote to respondent no.1 seeking explanation for what he construed was an illegal action. The petitioner, briefly, gave his background and also referred to the fact that for self-discipline, self-reformation and meditation he had attended “Tableeghi Jamaat”; which is a non-political and non-missionary organisation that works within the community. With this communication, the petitioner attached copies of his passport and the OCI card.

4. Since the petitioner received no favourable response to his communication dated 20.1.2016, his brother, one, Mr. A.K. Nazeer took recourse to the Right to Information Act, 2005 (in short ‘RTI Act’). It appears that via Mr. Nazeer the petitioners application dated 6.5.2016 was forwarded under the RTI Act to respondent no.1. In this application, like in the earlier communication, the petitioner set out his background and also adverted to the fact that he had attended “Tableeghi Jamaat” for the purposes already referred to above by him. What is important though, is that in this application the petitioner sought to know as to whether any case was registered against him so that he could take recourse to legal remedies. The petitioner also indicated in his application that he had authorised his brother i.e., Mr. Nazeer, to do the needful in the matter.

5. Evidently, respondent no.1, on receipt of the RTI application, transferred the same to respondent no.2 as it was linked with its functioning, by taking recourse to the provisions of Section 6(3) of the RTI Act. The transfer of the petitioners application took place under a cover of letter dated 24.5.2016 and was addressed to the CPIO of respondent no.2; a copy of the said communication was sent to the petitioners brother i.e. Mr. Nazeer.

6. Via communication dated 17.6.2016, Mr. Nazeer was informed by respondent no.2’s CPIO that the information sought could not be furnished as the said entity was exempted from the provisions of the RTI Act. In this behalf, reference was made to Section 24(1) and the Second Schedule appended to the RTI Act. As