Allowing a plea of Rajiv Gandhi assassination convict Perarivalan, the CIC has directed the Home Ministry to provide him reports by Justice M C Jain and Justice J S Verma Commissions which looked into the killing of the former Prime Minister, rejecting the Ministry's arguments that complete reports are not traceable.
Information Commissioner Sushma Singh also directed the RTI appellate authority in VIP Security Wing to pass a speaking order within two weeks on whether file notings generated on these Commissions of inquiry could be disclosed.
She said the concerned official must give a chance to Perarivalan, who is on death row after his mercy petition was rejeted by the President, to present his case.
Citing the issue of life and liberty, Perarivalan had sought certified copies of all the reports submitted by the Jain and Verma Commission besides terms of reference to these Commissions, copies of the action taken by the Government of India on the recommendations of the Commissions.
But despite the provision of providing information within 48 hours if the matter relates to life and liberty of the appellant, all the divisions of the MHA said the matter does not concern them.
The National Archives of India, however, said although it does not have the reports, 918 files are available with it relating to activities of the Commissions.
During the hearing before the Commission, Home Ministry states that it could not locate the files since the records pertain to the period 1991 onwards and the subject matter had been handled in different divisions/Sections in MHA.
"However, as a result of sustained efforts, it has now been possible to locate some records pertaining to Justice MC Jain Commission of inquiry. However, complete records pertaining to Justice J S Verma Commission of inquiry are still not traceable," the Ministry said while trying to explain the delay in responding to application.
