CIC directs Home Secretary to produce EX-CRPF IG’S report on fake encounters
NEW DELHI: In a stern order, the Central Information Commission (CIC) has directed the Union home secretary to produce complete records related to former CRPF IG Rajnish Rai’s report on fake encounters by forces. The order was issued as the Ministry of Home Affairs (MHA), in spite of two notices from the CIC, failed to produce the records before it.
Mincing no words, the Commission reminded the secretary that it was summoning records under the provisions of the Right To Information (RTI) Act which give it the power of a civil court in summoning any document from a public authority.
“The respondent MHA through Secretary, MHA shall take due notice under Section 18(4) of the RTI Act and no part of the document summoned shall be withheld from the Commission,” Information Commissioner Yashovardhan Azad said.
The case pertains to an RTI application seeking a copy of the report on a fake encounter by a joint squad of security forces in Assam in which two persons were killed. The Central Reserve Police Force (CRPF) had cited Section 24 of the RTI Act to deny its disclosure.
The section exempts the force from any disclosure under the RTI except when the information sought relates to allegations of human rights violation.
When the matter reached the Commission, the CRPF claimed the documents were with the Home Ministry.
In spite of two notices from the Commission, the MHA did not send its officials or produce documents sought by the transparency panel.
In his latest order, Azad said the rival contention of parties cannot be weighed and adjudicated until and unless, the very report which is the subject matter of adjudication is not available with the Commission.
He said it was neither feasible nor pragmatic or judicious to have an opinion over the disclosure of a document without actually knowing the actual contents. The information commissioner said a “last and final opportunity” has been granted to MHA to produce the enquiry report with the connected files before the Commission.