[HumJanenge] Interesting CIC order under "life or liberty" clause and mercy petitions

Attached is an interesting and well argued order from the CIC relating to information sought about mercy petitions of the trio accused in the Rajiv Gandhi assassination.

The CIC ruled:

(i) Mercy Petitions:

He shall provide the copies of the Mercy petitions not only by the

three persons themselves but by others on their behalf which have

been taken into consideration from time to time.

(ii) File notings:

He shall disclose the copies of the file notings not forming part of

the ministerial advice to the President of India after severing all the

names and other references regarding the identities of the public

servants regarding those file notings and making those

correspondence.

(iii) Correspondence:

He shall also disclose the copies of the correspondence made from

time to time in connection with the mercy petitions except those,

which in his opinion should not be disclosed being exempt in terms

of Section 8(1)(a) of the RTI Act. If he decides to withhold some of

the correspondence, he shall pass a speaking order. Needless to say,

the Complainant will be free to approach the Appellate Authority if

he is not satisfied with the decision of the CPIO.

Interesting to note that as per the copy uploaded on CIC website, the order has been authenticated by Additional Registrar (Law). Normally orders of CIC S. Mishra are authenticated by the Designated Officer and Asst. Registrar Mr Vijay Bhalla. Wonder why ?

RTIwanted