Madras HC tells CB-CID to furnish inquiry report on violence during 2014 PFI event under RTI Act

Justice GR Swaminathan passed the order on a petition filed by an advocate SAS Alaudeen, who had participated in the event.
Madurai Bench of the Madras High Court
Madurai Bench of the Madras High Court

MADURAI:  The Madurai Bench of the Madras High Court directed the Public Information Officer (PIO) of the CB-CID to furnish a copy of the inquiry report submitted by the Inspector General of Police in connection with the alleged human rights violations committed against members of Popular Front of India (PFI) during an event organized by the outfit in Ramanathapuram in February 2014. If the report contains sensitive information, such portions can be redacted while furnishing the copy, it added.

Justice GR Swaminathan passed the order on a petition filed by an advocate SAS Alaudeen, who had participated in the event. Alaudeen alleged that gross human rights violations were perpetrated by the police while dealing with those who had gathered and many of them had suffered grievous injuries. While disposing of his earlier petition in 2014, in which he had sought judicial inquiry and compensation, the high court had directed the home secretary and Director General of Police to nominate an IG to inquire and submit a report on the incident.

Alaudeen's RTI application submitted to the CB-CID seeking a copy of the inquiry report was rejected, prompting him to approach the high court. Justice Swaminathan noted that the PIO of CB-CID and its appellate authority had rejected Alaudeen's application on the ground that CB-CID is one of the organisations for which the RTI Act would not apply.

The judge pointed out that though Section 24(4) of the RTI Act provides such an exception, it also includes a clause that says information pertaining to corruption and human rights violations can be furnished on certain conditions. The condition is that in case of information relating to human rights violations, the PIO can provide information after getting approval from the State Information Commission within 45 days. The judge therefore held that the authorities were wrong in straightaway rejecting the petitioner's application and set aside their rejection orders, with the above direction.

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