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DB of SIC directs Home department
Reveal Info about enquiries conducted from 1990 to 2011
5/9/2014 10:38:24 PM
Early Times Report

Srinagar, May 9 : The Division Bench of J&K State Information Commission (SIC) has directed the State Home department to provide information related to enquiries conducted from 1990 till 2011 under Commission of Inquiry Act 1962. The SIC while issuing this important order has upheld the decision of the Home department of not revealing names of the accused persons as the same may lead to incitement of an offence and would threaten their lives.
Khurram Parvaiz a human rights activist from Srinagar filed second appeal against the order of First Appellate Authority (FAA) , Home Department wherein the information was denied to him.
The information demanded by the applicant included Number and details of inquiries; Names of the accused persons and their designation / units; Results of the inquiries including the recommendations / findings; Resultant consequences on accused persons found guilty in the inquiries and Details of the incidents alleged / found to have been committed.
During the course of proceedings, the First Appellate Authority (FAA) , Home Department had taken the plea that the information sought by the appellant would lead to incitement of offence by certain elements as well as endangering the physical safety of the persons and impeding the process of investigation.
Hence, the PIO's order of denying information was upheld. However, these findings of PIO and FAA have been challenged by the appellant. It was further narrated by FAA that disclosure of information regarding some inquiries could threaten security, sovereignty and integrity of the State.
SIC in its order ruled that it does not agree with FAA and PIO that giving mere number of inquiries is hit under section 8 and there are no cogent reasons given by these authorities for non disclosure of this information. "The Commission has considered the nature of information and refusal of FAA to provide this information, invoking section 8 of the Act.
The Commission does not consider that the details of incidents if given will result in any kind of breach of peace which may in turn have affect on security of the State or endanger life or physical safety of the persons. Similarly it will not attract section 8(1)(g). The FAA is therefore directed to issue directions to the PIO to disclose information regarding such incidents without mentioning names of the officers / units, held guilty by inquiries, in view of section 8(1)(f)", the SIC order ruled.
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