Orissa government and Information Commission wrangle over judicial probe report

By Binita Jaiswal

Bhubaneswar, March 17: Is probe report of a judicial commission confidential? Can a government agency deny the report to citizens who have asked for it under the provisions of the Right to Information Act?

The Orissa government and State Information Commission (SIC) continue to wrangle over these questions. While the SIC holds that the document is not confidential and it can be given to common citizens on demand, the state home department is reluctant to part with it maintaining that the report is confidential.

The home department has refused to obey the order of the SIC direction to provide the document to an applicant. The applicant Biswapriya Kanungo has been running from pillar to post to get the report.

The entire issue has put the letter and spirit of the RTI, talk of transparency and accountability and other related matters, including orders of the Information Commission, to test.

The case relates to the applicant Mr Kanungo's petition for a copy of the Justice P.K Tripathy commission report on Sorono police firing of 1999. Four fishermen were killed in the police firing. The Commission directed the home department to supply a copy of the report to the applicant. However, the home department did not comply the order and submitted that it would move the high court in appeal against the order.
Mr Kanungo filed a caveat in court.

During the hearing on Thursday, Mr Kanungo said neither he nor the SIC had received any orders from the court staying operation of the Commission's order to furnish the Tripathy Commission report. Hence, the order to give the report stands and he was entitled to it.
Apart from his submissions, the applicant filed a petition seeking a token compensation of one rupee from the government for disobeying the order of the State Information Commission and for violation of the spirit of the Act. The Commission heard his plea and has asked the officer concerned of the home department to appear in person on April 5.

(Binita Jaiswal is a young and talented journalist. She is doing her masters in journalism at Utkal University and at present working with the multi-lingual national news agency Hindusthan Samachar.)