SIC rejects Police Claim, demands info of encounters since 1989
SRINAGAR; 16, Aug 2012: Rejecting the contention of the Jammu and Kashmir police that revealing details about the encounters that took place in the state during last 21 years of turmoil, the Jammu and Kashmir State Information Commission (SIC) has directed it (police) to provide details sought by the applicant under Jammu and Kashmir Right to Information (RTI) Act within a period of two months.
“The Commission is of the view that the reputation of the police, armed and paramilitary forces will get enhanced if this information is made public. Therefore, the PIO police headquarter is directed to provide the information sought by the applicant”, reads a decision by the Chief Information Commissioner, G R Sufi, issued under No. SIC/CO/SA/44/2012/11092-94 on August 9, 2012.
However, in view of magnitude of details to be assembled from every nook and corner of the state, the commission has relaxed the time limit of 30 days and has asked Public Information Officer of the J&K Police to provide the information with a period of 60 days.
Earlier the police had declined to provide information about the encounters that took place in Jammu and Kashmir between 1989 and 2012.
In reply to a query under Right to Information (RTI) Act filed by human rights activist Khurram Parvez, the Public Information Officer (PIO) of the police had said: “The information cannot be supplied as it falls under section 8(1) a of RTI act 2009.”
Khurram had sought details about the total number of encounters that the Police Department has recorded in all the Police Stations across JK between 1989 and 2012. He had also sought a list of those encounter cases where Police investigations later proved the encounters to be fake.
After denial of the information by the police department, Khurram had claimed that the information sought does not fall within restrictions contained in section 8 and 9 of RTI Act, a view upheld by the State Information Commission. “This commission is of the considered opinion that these provisions are not applicable”, reads the decision. “The provisions are meant to ensure that nothing should be done which affects the sovereignty and integrity of India, the security, scientific, strategic or economic interest of the state or lead to incitement of an offence”, it added.
“The Commission is of the view that the reputation of the police, armed and paramilitary forces will get enhanced if this information is made public. Therefore, the PIO police headquarter is directed to provide the information sought by the applicant”, reads a decision by the Chief Information Commissioner, G R Sufi, issued under No. SIC/CO/SA/44/2012/11092-94 on August 9, 2012.
However, in view of magnitude of details to be assembled from every nook and corner of the state, the commission has relaxed the time limit of 30 days and has asked Public Information Officer of the J&K Police to provide the information with a period of 60 days.
Earlier the police had declined to provide information about the encounters that took place in Jammu and Kashmir between 1989 and 2012.
In reply to a query under Right to Information (RTI) Act filed by human rights activist Khurram Parvez, the Public Information Officer (PIO) of the police had said: “The information cannot be supplied as it falls under section 8(1) a of RTI act 2009.”
Khurram had sought details about the total number of encounters that the Police Department has recorded in all the Police Stations across JK between 1989 and 2012. He had also sought a list of those encounter cases where Police investigations later proved the encounters to be fake.
After denial of the information by the police department, Khurram had claimed that the information sought does not fall within restrictions contained in section 8 and 9 of RTI Act, a view upheld by the State Information Commission. “This commission is of the considered opinion that these provisions are not applicable”, reads the decision. “The provisions are meant to ensure that nothing should be done which affects the sovereignty and integrity of India, the security, scientific, strategic or economic interest of the state or lead to incitement of an offence”, it added.
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