Live Law: New Delhi: Thursday, April 26, 2018.
The subject
matter of the information sought pertains to an Operation of Indian Army which
purportedly led to such communal paraphernalia that later assumed cataclysmic
proportions, stretching beyond the time period of its being, the CIC observed.
The Central
Information Commission recently upheld rejection of RTI plea seeking information
all files and records pertaining to operation “Blue Star” observing that
disclosure of the records is ‘not prudent at a time when the nation is rife with
instances of invariable intolerance amongst communities’.
Navdeep
Gupta, the applicant, originally filed the RTI application with PMO, in which
he sought inspection of all files related to operation “Blue Star” conducted by
the Indian Army. Later, the plea was transferred to the Indian Army, which
refused disclosure on the ground that it entails sensitive issues of national
security and intelligence-related records.
In response
to an appeal filed before the commission, the Army stated that these records
are still not declassified and it will ‘invariably enable anti-national
elements & external agencies to rejuvenate separatist designs while drawing
inspiration in the name of the terrorists who were killed during the
operation’.
Then, there
is a scope of misinterpretation, speculation by vested interest groups which in
turn may lead to violence and resultant unrest will lead to deterioration of
law and order situation impacting the security of the nation at large. Besides,
n the current scenario of social media proliferation, manipulation of details
regarding the said operation on electronic platform by vested interest groups
would be instantaneous before any preventive measures are taken by Government.
Moreover, disclosing the details as sought may lead to the selective targeting
of security forces who were involved in the Operation’, the Army CPIO told CIC.
As regards
CIC’s query whether passing of more than 30 years since the occurrence will
have any bearing on national security at this stage, the Army said even after
28 years, Lt Gen KS Brar (Retd.) who is Z Plus security category, was assaulted
in October 2012, not just in India but also in London only because the officer
was involved in the conduct of Operation Blue Star and it was known in public
domain.
Considering
these submissions, Information Commissioner Divya Prakash Sinha said:
“Commission does not find any scope of intervention in the arguments of the
CPIO for denying the information under Section 8(1)(a) of the RTI Act in as
much as the matter of the information sought pertains to an Operation of Indian
Army which purportedly led to such a communal paraphernalia that later assumed
cataclysmic proportions, stretching beyond the time period of its being.
Disclosure of the relevant records is not prudent at a time when the nation is
rife with instances of invariable intolerance amongst communities.”
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