The Hindu: Chennai: Wednesday,
November 02, 2016.
A.G.
Perarivalan, one of the life convicts in the Rajiv Gandhi assassination case,
has lodged a complaint with the Maharashtra State Information Commission (SIC)
seeking action against the Public Information Officer of Yerwada central
prison, Pune, and the First Appellate Authority for “wrongfully denying”
information sought by him under RTI Act on actor Sanjay Dutt’s release from
jail.
The convict
had sought to know the provisions of law under which the actor was given the
benefit of premature release from prison. After considerable delay in
responding, the Public Information Officer (PIO) replied that the information
sought related to “third party person” and hence rejected. Aggrieved over this,
the petitioner filed an appeal before the First Appellate Authority (FAA), the
Deputy Superintendent, Yerwada central prison, who also rejected the plea.
The decision
of the State to remit and release a convict and processes involved were based
on legal provisions and hence there could not be any room for denial of such
information, Perarivalan contended.
The
information sought was regarding adherence to the judgment of Supreme Court by
the State Government (Maharashtra). This served a served larger public
interest.
The public
authority had exercised its discretion on the release of Mr. Dutt and such
lawful act required transparency. After prolonged hearing, the FAA also
rejected the appeal by stating that the information pertaining to Mr. Dutt’s
release could not be furnished.
In his
complaint to the SIC, Perarivalan alleged that the PIO and FAA had failed to
furnish information about the premature release of a prisoner stating that the
information related to third party person, which was apparently false and
malafide, “and was stated so only in order to protect the influence of powerful
people who are behind this decision of premature release.”
They also
failed to specify how the denial clause was applicable to the information
sought. The convict urged the SIC to impose cost and direct initiation of
departmental proceedings against the PIO and FAA for “wrongfully denying”
information.
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