केन्द्रीय सचू ना आयोग Central Information Commission बाबा गगं नाथ माग,ग मनु नरका

Baba Gangnath Marg, Munirka नई दिल्ली, New Delhi – 110067 नितीय अपील संख्या / Second Appeal No. CIC/PASOF/A/2024/641135 Shri Rafiq Ahmed Rabbani … अपीलकता/ग Appellant VERSUS/बनाम PIO, …प्रनतवािीगण /Respondent Passport Office Date of Hearing : 19.08.2025 Date of Decision : 19.08.2025 Chief Information Commissioner : Shri Heeralal Samariya Relevant facts emerging from appeal:

RTI application filed on : 03.08.2024 PIO replied on : 21.08.2024 First Appeal filed on : 24.08.2024 First Appellate Order on : 09.09.2024

2ndAppeal/complaint received on : Nil Information sought and background of the case:

The Appellant filed an RTI application dated 03.08.2024 seeking information on following points:-

1. “Details of Marriage and Children:

a) I was married to my wife, Reshma Rezwana, on 04-04-2010 in Vizag.

b) We have two children.

c) Asmaa Rabbani, born on 11-11-2011 d) Khalid Ahmed Rabbani, born on 06-05-2016

2.Issue:

1. My wife, Reshma Rezwana, a resident of Vizag, applied for the passports of our children, Asmaa Rabbani (Passport No: T0939726) and Khalid Ahmed Rabbani (Passport No: T0939725), at the Vizag Passport Office.

II. After receiving the new passports, she has not provided me with the full details of the passports of our children. I suspect that incorrect information may have been furnished to the Visakhapatnam Passport Office.

Information Sought:

I request certified copies of the following pages from the passports of my children:

1) Asmaa Rabbani (my daughter): First pages and last 2 pages (02 sets)

2) Khalid Ahmed Rabbani (my son): First 2 pages and last 2 pages (02 sets)

This information is sought as we are living separately but are not judicially separated.”

The CPIO, Passport Office vide letter dated 21.08.2024 replied as under:-

2. “The Personal information pertaining to a third party, cannot be disclosed U/s 8(1) (j) of the RTI Act, 2005. The Hon'ble High Court of Delhi in the case of "Union of India Vs. R. Jayachandran in WP(C) 3406/2012 has ordered that passport details of any individual/documents submitted with passport application form and information connected therewith, cannot be disclosed under the RTI Act.”

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 24.08.2024. The FAA vide order dated 09.09.2024 stated as under:-

2. “I have examined the RTI application and the CPIO's reply.

3. In connection with the passport applications of the minor children, Asmaa Rabbani and Kahalid Ahmed Rabbani, which were processed in 2019. Annexure-C, titled "The Specimen Declaration by Applicant's Parent," was provided as part of the application process.

4. In that declaration, Mrs.Reshma Rezwana stated that her husband had deserted her and their children, and that the children had been exclusively under her custody since the separation. Furthermore, it was sated that her spouse's whereabouts were unknown.

5. Both the passports were issued after receiving clear verification report of the police.

6. Having considered the facts as explained in the preceding paragraphs, the CPIO is advised to seek the mother's consent to provide the requested information to the appellant as he is the biological father and natural guardian of the children.

7. CPIO is also directed to send the response in this regard to the appellant by post/e-mail within a month from now and according to the response of the mother of the children.

8. With these remarks, the appeal is disposed of.”

In compliance with the FAO, CPIO, Passport Office, Visakhapatnam vide letter dated 24.09.2024 stated as under:-

2. “As per the directions of the First Appellate Authority, on 09- 09-2024, a letter was sent to Mrs. Reshma Rezwana seeking her consent to provide you with the passport copies of the children, Asmaa Rabbani and Kahalid Ahmed Rabbani.

3. On 24-09-2024, Mrs. Reshma Rezwana provided her explanation letter, in which she expressed her disagreement regarding the provision o