New Delhi, Invoking human rights exception, the Central Information Commission has directed the Army and Border Roads Organisation to share key findings of a Court of Inquiry into the death of an Army officer, while hearing an appeal filed by his father.
Allowing the appeal filed by Santosh Kumar Mishra, father of late Captain Abhishek Mishra, the Commission held that the information sought could not be denied merely by citing the exemption available to the Border Roads Organisation under the Second Schedule of the Right to Information Act.
“The information sought concerns the death of an employee while in service, which directly attracts the human rights exception,” the order said.
Captain Mishra died in a road accident while posted with the BRO, following which a Court of Inquiry was convened. His father sought the findings of the inquiry, statements of witnesses and related documents, stating that the circumstances of the accident “hint towards corruption in the matter”.
The requests were rejected by the Central Public Information Officers , who treated the information as third-party material and cited the organisation’s exemption under the RTI Act.
Taking exception to this approach, the Central Information Commission said the appellant was not a third party but the father of the deceased officer. “The Commission takes strong exception of the CPIO for treating it as third-party information,” the order said.
The CIC also noted the personal loss suffered by the appellant. “The Commission expresses sympathy towards the appellant, who has lost his young son who was an Army officer and takes note of the efforts he has made in pursuit of justice for his deceased son,” it said.
Referring to earlier rulings, including cases relating to the CRPF and the Indian Air Force, the Commission said it has “consistently held that next of kin are entitled to inquiry records relating to death of the deceased officer” even where the public authority is otherwise exempted under the RTI Act.
Noting that the appellant “apprehends foul play and has alleged corruption charge in the matter of death of his son”, the Commission directed the Joint Director and CPIO to provide the findings of the Court of Inquiry and disclose relevant portions dealing with any aspect of attributability of the death to service conditions.
This article was generated from an automated news agency feed without modifications to text.
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