Tuesday, February 10, 2015

PMO rejects RTI for Netaji files

Times of India: Kolkata: Tuesday, 10 February 2015.
Mystery behind the secret Netaji files is unlikely to be resolved soon. Sticking to the stance taken by the previous Congress-led UPA government, Prime Minister Narendra Modi's office has refused to disclose records related to Subhas Chandra Bose's death in response to an RTI filed in Delhi. It has also rejected RTI activist Subhas Chandra Agrawal's contention that there was a larger public interest involved in disclosing them.
The appellate authority, too, has rejected the appeal that was first filed about one-and-a-half years back in September 2013. The refusal evoked reaction from activists across the country, including Kolkata, who have been seeking a disclosure of the files.
"It is observed that the disclosure of the records was withheld under Section 8(1) (a) of RTI Act on the grounds that it would prejudicially affect relations with foreign countries," the PMO wrote back to Agrawal. In addition, the CPIO of PMO refused to give out copies of requests made by various persons to make files relating to Bose public. "Collating of the information, if any, will require diversion of resources," the order stated.
Delhi-based rights activist Agrawal had sought records from the Prime Minister's Office related to the mystery surrounding Netaji's alleged death in a plane crash 70 years back. Agrawal had also asked for information on the steps taken by the top office to make such records public and the action taken on requests seeking such documents.
But toeing the line of the UPA government, the PMO cited an exemption clause in the RTI Act which allows withholding of information that could prejudicially affect relations with foreign countries. The PMO, however, did not even give the names of the countries with which the relations may get affected once the said information is made public.
Anuj Dhar, author of 'India's Biggest Cover-up' a book on Netaji's disappearance and an activist, said the PMO response was a setback for the movement seeking disclosure of files. "This is exactly what the previous government had said when I had filed an RTI in 2008. The present government had responded similarly to my queries last year. We had expected the BJP government to be different, but sadly they have let us down," said Dhar, who is based in Delhi.
Purabi Roy, scholar and author of several books on Netaji's disappearance, argued that the documents being held back didn't qualify to be 'classified'. "These files have always been accessible to a group of influential politicians and leaders in Delhi. Classified documents are archival material that are not supposed to be disclosed to selected people who hold power. The fact is that a particular political group has been historically against declassification and it has been hand-in-glove with all relevant political forces over the years. Unless all major parties join hands and choose to disclose the files, they will never be disclosed," she said.
Dhar said the declassification demand has to be kept alive through campaigns and messages on the social media. "We plan to file yet another RTI and will keep lobbying on various platforms for the files." Apallellate authority Krishan Kumar cited: "It is observed that Central Information Commission (CIC) had ruled in 2008 in an order that it is not for them to substitute their judgment on the applicability of exemptions to that agency duly authorized to determine such issues. The same argument was cited by CPIO, PMO to withhold similar information to Chandrachur Ghosh on July 17 last year. Given that, the stand of CPIO, PMO...disclosure may not be a valid proposition."
Roy said it was ridiculous to conclude that the declassification had no larger interest. "This is our country's best kept secret. Why do you think people are still talking, writing and reading about it 70 years after Netaji's disappearance?" she asked. She also questioned the PMO's argument that the files could affect India's relation with foreign countries. "They are actually talking about just one country and not several. And that is clear from the papers that are accessible," said Roy. There are 30 classified files on Netaji, as per the PMO. These include three 'top secret' files.