The Stateman : New Delhi : Thursday, June 6, 2013.
The Central Information Commission (CIC) has asked the government to take a view on disclosure of two speeches made by Pakistan founder Mohammad Ali Jinnah during the pre-independence era which are in the All India Radio archives and also explain the reasons for withholding them if it intends to do so.
Chief Information Commissioner Satyananda Mishra said more than 60 years after the country's independence, the time has come when all concerned must decide what information relating to the pre-Independence period should be made available to the public. “It is easy for any public authority to take the stand that everything relating to Pakistan or the leaders who went over to Pakistan should be kept secret or confidential and invoke the provisions of Section 8 (1) (a) and not disclose the details. This will be a regressive stand,” Mr Mishra said.
The case relates to a Right to Information application filed by RTI activist Mr Subhash Chandra Aggarwal who sought a copy of speeches given by Jinnah during pre-independence days which are held in the archives of AIR. Prasar Bharti first claimed that they are trying to trace the recording and later said these recordings cannot be disclosed citing section 8(1) (a) of the RTI Act.
The clause cited by Prasar Bharati allows withholding disclosure of information which would affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relations with a foreign State or lead to incitement of an offence. The CIC directed AIR to go through its archives and publish a list of all the recordings of leaders who went to Pakistan after Independence on its website which can be made available to the public without having to invoke any exemption provisions of the RTI Act. “Needless to say, while doing this care must be taken to ensure maximum disclosure, a period of 60 years having blunted many of the raw feelings of those days even if some of these recordings might contain such references,” Mr Mishra said.
During the hearing, Prasar Bharati said only two recordings of Jinnah were found in their archives ~ one dated 3 June 1947 and another undated. It said they have been referred to the information and broadcasting ministry and the external affairs ministry to elicit their views on the contents of the recordings.
Taking strong exception to the delay in furnishing the information, Mr Mishra said: “Since almost a year has gone by since the date of the RTI application, it is high time that the authorities take a final view. Therefore, we now direct the CPIO to ensure that a final view is taken on the contents of the recordings and communicated to the appellant within two months.”
Mr Mishra told the government that in case a decision is taken to withhold the recordings an order explaining detailed reasons must be passed and communicated to Mr Aggarwal. If a decision to disclose is taken, it must be given free of cost, he said.
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