CIC order on Kashmir stirs hornets' nest

CIC has asked BSF to provide info on a youth who allegedly went missing from its custody in 1990

PTI/GN Bureau | July 7, 2010



E.N. Rammohan, retired director general, Border Security Force(BSF), believes that the recent central information commission order directing the BSF to disclose information about a man who went missing from police custody, will only make para- military forces accountable.

Rammohan headed the one- man enquiry committee which probed the killing of 76 security personnel by Maoists in Chattisgarh on April 6. “The forces are answerable to the government and the court even without the RTI act. I don’t see anything wrong in this decision,” Rammohan told Governance Now.

“If we check the general diary of that BSF unit, we should get to know the details of that youth,” he added. Prakash Singh, another IPS officer who headed BSF, says that this is a case where RTI is being misused. “Information commissioners throw their weight around by passing such judgments without realizing their consequences. Also, the RTI applicants should focus on other issues rather than asking inconvenient questions from the forces,” said Singh.

The case relates to the suspected disappearance from police custody of Mohammad Ashraf Yatoo of Badipora, Chadoora who went missing after allegedly being arrested by BSF 80 battalion in December 1990 during a crackdown. He was a store keeper in the food and supplies department, government of J&K.

In 2007, Kashmir based RTI activist Muzaffar Bhatt had filed an application under the right to information act with the BSF headquarters, asking details of the said crackdown and prison where Yatoo who was 35 at the time of arrest was kept. However, the BSF headquarters returned his RTI application along with the application fee. Bhatt then filed a complaint before the CIC.

"Nevertheless it is conceded by all parties that in the present case the request is an allegation of disappearance in custody of a civilian working in a government department in the state of Jammu and Kashmir, and therefore amounts to an allegation of human rights violation, which makes the BSF answerable," Chief Information Commissioner Wajahat Habibullah said in his order.

"In the normal course, the BSF Headquarters should have taken recourse to section 6(3)(ii) of the RTI Act whereby the application should have been transferred within five days of receipt to the public authority to which the subject matter of information sought is more closely connected," Habibullah said.

The Commission asked Bhatt to produce details of FIR and other relevant documents to BSF within a week and gave another 15 days to BSF to disclose all the information on the issue.

Comments

 

Other News

The Sardar biography that throws light on our times

Patel: A Life By Rajmohan Gandhi Aleph Books, 568 pages, Rs 1,199   There are many biographi

Climate change, El Niño rewrite Indian monsoon

The month of July exceeded its rainfall target despite forecasts of a below-normal month under a strengthening El Niño. The reason could be that climate change is amplifying monsoon complexity: West Pacific warming, Western Disturbances and evolving ocean conditions increasingly interact with El Ni&

Mumbai has just 1.28 sq.m. of open space per person: Study

Mumbai`s public space crisis is as much about mismanagement as it is about scarcity, and offers a governance roadmap that can be implemented without new legislation, according to a new report by the Urban Design Research Institute (UDRI) and the NGO Alliance for Governance and Renewal (NAGAR).  

Lok Sabha passes amendment bill to improve public examination system

The Lok Sabha on Wednesday passed the Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026 by a voice vote after an extensive discussion. Replying to the debate, minister of state (independent charge) for science & technology; earth sciences and MoS in the PMO, Dr. Jite

Shri Abhijit Phukon (IES, 2004) appointed as Joint Secretary, Department of Agriculture & Farmers Welfare.

 Shri Abhijit Phukon (IES: 2004) has been appointed as Joint Secretary, Department of Agriculture & Farmers Welfare, Government of India. His appointment, approved by the

Shri Avanish Kumar Mishra (ISS, 2000) appointed as Joint Secretary, Department of Administrative Reforms & Public Grievances.

 Shri Avanish Kumar Mishra (ISS: 2000) has been appointed as Joint Secretary, Department of Administrative Reforms & Public Grievances (DARPG), Government of India. The appointment, approved by the Appointments

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter