Fake encounter: CIC seeks all relevant records

New Delhi: Taking serious note of an incident of alleged fake encounter, the Central Information Commission has asked Union home secretary to produce all relevant records related to a report submitted by the former inspector general of CRPF, Rajnish Rai. The CIC’s directives came after the Union home ministry failed to produce the relevant records despite two previous notices.

In a stern order, the Commission said that the records were being sought as per the provisions of the Right To Information Act, which gives the CIC power of a civil court to seek any document from a public authority.

The present case is related to an RTI application that sought details and the concerned report related to an alleged fake encounter by a joint unit of security forces in Assam in which two persons were killed.  However, earlier the CRPF  had cited Section 24 of the RTI Act to deny its disclosure as the section exempts the force from any disclosure under the Act. However, the information has to be provided if it is related to alleged of human rights violation.

The CRPF had also informed the Commission that all relevant records in this particular incident were with the home ministry. In its directive, the CIC also observed that all contentions cannot be resolved till the concerned report, which is the subject matter of adjudication, was not available with the CIC.

The information commissioner also said that last and final opportunity was being given to the Home Ministry to furnish the enquiry report along with other relevant records and files before the Commission. ''The Commission shall take a view after examining the report and other documents in ambit of the queries,’’ it added.

The Concerned officer, Mr Rai had filed a report last year with the para-military force, CRPF, giving details of how a joint team of the Army, Assam Police, CRPF’s CoBRA unit and the border guarding force Sashastra Seema Bal (SSB) conducted the encounter on March 29 -30, 2017 in Simlaguri area of Chirang district. In this incident the security forces killed two alleged insurgents of the banned group National Democratic Front of Boroland-Songibijit (NDFB-S).

The officer claimed that information about the incident and the subsequent FIR lodged by the security forces gave false details of the incidents in a bid to conceal pre-planned murders of two persons in custody while presenting it as ''some brave act of professional achievement.’’