Indian Express: New Delhi: Saturday,
February 18, 2017.
The Central
Information Commission (CIC) has ruled that the statement of Nathuram Godse,
along with other relevant records related to the assassination of Mahatma
Gandhi, should be "proactively disclosed" on the website of the
National Archives.
Information
Commissioner Sridhar Acharyulu said, "One may disagree with Nathuram Godse
and his co-accused but we cannot refuse disclosure or circulation of his
opinion.”
"At the
same time, neither Nathuram Godse nor the holder of his theme or opinion can go
to the extent of killing a person whose philosophy he cannot agree with,"
Sridhar Acharyulu said in his order.
Nathuram
Godse, a right-wing activist, had assassinated Mahatma Gandhi on January 30,
1948.
Petitioner
Ashutosh Bansal had demanded the charge sheet and Godse's statement, among
other details, from Delhi Police which forwarded the application to the
National Archives of India (NAI).
The National
Archives asked Ashutosh Bansal to inspect the records and cull out the
information, but after failing to do so, Bansal approached the CIC.
Sridhar
Acharyulu directed the Central Public Information Commissioner (CPIO-NAI) not
to charge Rs three per page for photocopies because the Right to Information
Act overrides any such provision of the Public Records Act by virtue of Section
22 of the RTI Act.
Although
neither the Delhi Police nor the National Archives cited any objection on the
disclosure of the information, Acharyulu said that the information sought does
not attract any of the exemption clauses.
He said since
the information is more than 20-years-old, it cannot be withheld unless it
attracts section 8(1)(a) of the RTI Act which prohibits disclosure of
information that prejudicially affects security of the State or relations with
foreign countries.
Acharyulu
said in the present case, even section 8(1)(a) does not apply as the argument
that the disclosure of Nathuram Godse's statement could lead to enmity between
Hindu and Muslim communities would not apply.
He said
Mahatma Gandhi's life, character and image as a champion of peace, Indian
Independence and Hindu-Muslim unity cannot be tarnished either by his physical
elimination or writing hundreds of pages of adverse analysis of his policies.
"The
Commission also directs the NAI to place the index of records available now
with it about the assassination of Mahatma Gandhi on its official website along
with the procedure to gain access, and recommends development of an archive to
include present digitised records and collect as many as possible from various
sources to be part of their disclosures under Section 4(1)(b)," said Acharyulu.
He directed
the NAI to provide certified copies of the charge sheet and Godse’s statement
from the CDs of the archives as sought by the appellant upon payment of copying
charges at Rs two per page, within 20 days from the date of receipt of this
order.