Thangadh killings: 3 yrs on, report under wraps : GIC Says Killings Were Human Rights Violation, Orders Disclosure

The Times of India: Ahmedabad: Thursday, 10 December 2015.

Over three years after three dalit youths were killed in police firing in Thangadh town, the state government is keeping the report of inquiry into the incident under wraps.

Not only is the government refusing to divulge the contents citing exemption due to “intelligence and security“ aspects but also dithering over taking any action based on the report. Senior IAS officer Sanjay Prasad had conducted an inquiry into the incident that took place on September 22, 2012 and December 23, 2012 and submitted the report to the home department on May 1, 2013.

This was revealed in a written submission made by the home department to the Gujarat Information Commission (GIC), which was hearing an application filed by Kirit Rathod, a dalit rights activist. Rathod approached GIC after he did not get any response from the home department on the status of the report.

In its November 7 order, the GIC had ordered the re levant authority to examine the report and decide how many portions can be disclosed and given to Rathod. It ordered to provide the details within 45 days.

“Sanjay Prasad submitted his report to the state government on May 1, 2013. However, the report is still under submission and the government has not taken any decision on it so far,'' two officials of the home department and social justice and empowerment department had submitted to the GIC on October 9.

Rathod had argued that under Section 24(4) of the RTI Act, which was cited by the officials, only “intelligence“ and “security“ organizations can be exempted from the purview of the RTI Act and the information he had sought is concerned with violation of human rights.

“The issues raised in the RTI application do not adversely affect intelligence and security aspects of the state. However, even if it is assumed that the special branch of the home departments rightly exempted under the said section by the state government, the issues relating to the death of dalit youths in police firing is a matter pertaining to human rights violation and therefore, cannot be excluded even under the said section,' chief information commissioner Balwant Singh said.

“The inquiry report of Sanjay Prasad may have some effect on law and order issues in certain areas but it cannot be said to adversely affect the intelli gence and security matters of the state. The commission, therefore, does not agree that the disclosure of the report can be denied using the provisions of Subsection (4) of Section 24 of the RTI Act,“ the order stated.