Economic Times: New Delhi: Friday,
July 29, 2016.
The Central
Information Commission has directed the army to provide details of soldiers
whose bodies were mutilated by insurgents and enemy soldiers during skirmishes
on Pakistan and China borders.
The case
resulted from a RTI application filed by Abhishek Shukla in 2013 as the army
decided to keep under covers the information in this regard about the soldiers
who had given supreme sacrifice for the country fighting enemies.
"People
of the country have right to know about the soldiers who lay down their lives
in the line of duty," Information Commissioner Divya Prakash Sinha said.
The army
which was supposed to respond to an RTI application within 30 days, according
to the law, took nearly 78 days to give its first response, after repeated
reminders, to the RTI application rejecting to share any details citing section
8(1)(a) of the RTI Act to withhold the information.
Section
8(1)(a) exempts information which can prejudicially affect security of the
country.
The first
appeal before the senior officials of the army challenging the decision of
Central Public Information Officer was also summarily rejected without going
into the merits of arguments presented by the appellant.
Reluctant to
share any information, the army raised an additional argument during the
hearing before Sinha, a former senior Intelligence Bureau officer, saying that
its Headquarters does not maintain the information of soldiers whose bodies
have been mutilated by the enemy/terrorists.
The appellant
countered it saying if they do not maintain the information, how was army
citing national security to deny it and they could have said it in the RTI
response.
The applicant
also cited the statement given by the the then Defence Minister A K Antony in
Rajya Sabha where he had given details of an incident of January 8, 2013.
"On 8th
January 2013; a Pak Border Action Team (BAT) ambushed our patrol party in
Krishna Ghati, Mendhar Sector in which Lance Naik Sudhakar Singh and Lance Naik
Hemraj were killed. Lance Naik Hemraj was found beheaded and both bodies were
mutilated. In addition, their weapons (INSAS) were taken," Antony had
said.
As per law,
the information which can be placed before Parliament cannot be denied to a
citizen under the RTI Act.
The appellant
also cited a press conference of the then Army Chief Gen Bikram Singh who had
accepted that the two jawans of Kumaon regiment had been beheaded by Pakistani
army in 2012.
The peition
said if the Defence Minister of the country and the Army Chief can make public
the kind of information sought by him, how can it be rejected taking excuse of
the national security.
Agreeing with
the contention of the appellant, Sinha rejected the arguments of the army which
had claimed it was a sensitive issue that can prejudicially affect security of
the country.
"Defence
Minister has placed on record information regarding brutal killing/mutilation
of soldiers on LoC in Rajya Sabha. Army Chief has also given details of the
same in a press conference. Commission does not find any reason for withholding
the same. Contention of CPIO to invoke section 8(1)(a) to deny the information is
rejected," Sinha said.
He directed
the army to provide the details sought by the appellant within 15 days.
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