Outlook India: New Delhi: Monday, August 13, 2018.
Aug 12 In a
stern warning to the Home Ministry, the Chief Information Commission has said
it will take an "ex parte" decision, on the disclosure of information
related to a CRPF Inspector General's report alleging a fake encounter in
Assam, if its official remains absent on the next hearing.
Information
Commissioner Yashovardhan Azad has noted in his order that three queries action
initiated on the report, copy of the report and whether an inquiry is going on
against IG CRPF Rajnish Rai for his report pertain to the domain of the union
Home Ministry.
Rajnish Rai,
a 1992-batch IPS officer of Gujarat cadre, had filed a report last year with
the CRPF top brass chronicling how a joint team of the Army, paramilitary and
Assam Police had conducted the encounter on March 29-30, 2017 in Simlaguri area
of Chirang district and killed what they called were two insurgents of the
banned group NDFB (S) in a fake encounter.
The CRPF had
refused to share any information related to the report and related issues to a
journalist, who had sought the details through an RTI application, saying it is
an exempted from the transparency law.
The force was
directed to provide information held by it as the Information Commissioner
noted that the appellant was able to make "prima facie" case for
disclosure of information as fake encounter was a human rights violation which
is not covered under the exemption given to the CRPF.
"The
expression 'allegations of corruption and human rights violations' do not cast
a burden upon the information seeker to establish the instance of actual
corruption or human rights violation beyond reasonable doubt. 'Allegation' has
to be interpreted purposely in line with the Act," Azad noted.
He said the
information about two points whether Rai sent the report and when was this
report received--should be disclosed by the CRPF as neither does its come under
blanket exemption given to the force nor any other exemption clauses of the RTI
Act.
Azad,
however, noted remaining three points held by the home ministry may have a
national security angle as the area in which the alleged encounter took places
is covered under the Armed Forces Special Powers Act and may attract Section
8(1)(a) of RTI Act for the information held by the MHA.
The three
points of the information sought were held by the Home Ministry for which the
CPIO of the Home Ministry was asked to present its case before the commission
during the hearing as to how clause of national security would apply in the
case to withhold information.
The Home
Ministry CPIO chose not to present himself for hearing on two occasions March
23, 2018 and May 28, 2018.
"In view
of the absence of PIO, MHA in course of hearing, a final opportunity of hearing
is granted to MHA. PIO, MHA to remain present with complete records of the case
and report authored by Mr. Rajnish Rai under question," Azad, himself a
former Special Director of the Intelligence Bureau, said in his order.
He said the
PIO is at liberty to file submission clearly bringing out a reply as against
each of the remaining unreplied queries of the RTI application.
"It is
clarified that ex-parte decision shall be taken if the PIO, Police I Division,
MHA remains absent on next date of hearing," he said.
Rai, in his
13-page report, alleged that information about the incident and FIR filed by
the joint squad of forces present a "fictitious account" of the
operation to "conceal pre-planned murders of two persons in custody and
present it as some brave act of professional achievement". PTI ABS DIP DIP
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