The case pertains to an RTI application filed by human rights activist Venkatesh Nayak seeking inquiry report in the April 24 Sukma attack wherein 25 personnel of the Central Reserve Police Force (CRPF) were killed in naxal attack.
"I would like to obtain the following information...As prima facie, it pertains to allegations of violation of the right to life of CRPF personnel who were killed in the attack that occurred on April 24, 2017 in Sukma, Chhattisgarh," the application stated.
The force is exempted from making disclosures under the RTI Act, but the second proviso of Section 24(1) of the Act allows disclosure of information sought if it pertains to allegations of human right violations and corruption.
In order to disclose the information pertaining to the human rights violation, the force needs to refer the matter to the Central Information Commission.
"In the instant matter, there appears to be no violations of human rights as well as the facts of the case do not attract allegations of corruption. Moreover, your application does not make any reference to such allegations. Hence, this department is not liable to provide any information in this regard to you under RTI Act, 2005," it said.
"This department has replied that security forces including CRPF are exempted to provide information, except those queries related to allegations of corruption/violation of human rights under Section 24(1) of RTI Act-2005," it said.
The force added it had categorically intimated the RTI applicant (Nayak) that the enquiry report contained various security and tactics related issues which cannot be shared under the RTI Act on the grounds that it might adversely affect the organisation's strategic response.
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