Share files on rejection of mercy plea for Perarivalan, MHA told
T.N. had sought remission of sentence
29/08/2019, S. VIJAY KUMAR,CHENNAI
The Central Information Commission has directed the Ministry of Home Affairs (MHA) to provide copies of file notings and correspondence relating to the decision of the Central government on the proposal of Tamil Nadu seeking remission of sentence for seven life convicts in the Rajiv Gandhi assassination case.
Passing orders after hearing Perarivalan, one of the life convicts who appeared through video-conferencing from Puzhal central prison here, and the Deputy Secretary, MHA, Chief Information Commissioner Sudhir Bhargava said the details sought by the petitioner were not a part of the Ministerial advice to the President and hence, could be provided to him.
However, he observed that the disclosure of some of the file notings and the correspondence/documents may prejudicially affect the security and integrity of India as well as its relation with foreign States and hence, its disclosure was exempted under Section 8(1)(a) of the RTI Act. The MHA had earlier refused to part with any details requested by petitioner on the grounds that it was "privileged" information.
Perarivalan had moved the CIC stating that his death sentence was commuted to life by the Supreme Court in 2014 and he had been in prison for over 27 years. The government of Tamil Nadu had decided to remit his sentence and sent a proposal to the Centre to communicate their views under Section 435 of the Cr.PC. He said the documents sought for related to remission of his sentence and hence pertained to his life, liberty and human rights.
MHA’s contention
The MHA contended that considering the sensitivity of the case, the disclosure of some of the file notings and the correspondence/documents could prejudicially affect the security and integrity of India as well as its relation with foreign State. Therefore, disclosure was exempted under Section 8(1)(a) of the RTI Act. The respondent further stated that the files also contained communication from the Central Bureau of Investigation which is an organisation exempted under the Act. The MHA which earlier stated that the President had rejected the mercy plea of the prisoners later admitted that the file was not referred to Rashtrapati Bhavan and the decision was taken at the Ministry level.
T.N. had sought remission of sentence
29/08/2019, S. VIJAY KUMAR,CHENNAI
The Central Information Commission has directed the Ministry of Home Affairs (MHA) to provide copies of file notings and correspondence relating to the decision of the Central government on the proposal of Tamil Nadu seeking remission of sentence for seven life convicts in the Rajiv Gandhi assassination case.
Passing orders after hearing Perarivalan, one of the life convicts who appeared through video-conferencing from Puzhal central prison here, and the Deputy Secretary, MHA, Chief Information Commissioner Sudhir Bhargava said the details sought by the petitioner were not a part of the Ministerial advice to the President and hence, could be provided to him.
However, he observed that the disclosure of some of the file notings and the correspondence/documents may prejudicially affect the security and integrity of India as well as its relation with foreign States and hence, its disclosure was exempted under Section 8(1)(a) of the RTI Act. The MHA had earlier refused to part with any details requested by petitioner on the grounds that it was "privileged" information.
Perarivalan had moved the CIC stating that his death sentence was commuted to life by the Supreme Court in 2014 and he had been in prison for over 27 years. The government of Tamil Nadu had decided to remit his sentence and sent a proposal to the Centre to communicate their views under Section 435 of the Cr.PC. He said the documents sought for related to remission of his sentence and hence pertained to his life, liberty and human rights.
MHA’s contention
The MHA contended that considering the sensitivity of the case, the disclosure of some of the file notings and the correspondence/documents could prejudicially affect the security and integrity of India as well as its relation with foreign State. Therefore, disclosure was exempted under Section 8(1)(a) of the RTI Act. The respondent further stated that the files also contained communication from the Central Bureau of Investigation which is an organisation exempted under the Act. The MHA which earlier stated that the President had rejected the mercy plea of the prisoners later admitted that the file was not referred to Rashtrapati Bhavan and the decision was taken at the Ministry level.
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