The CIC directed the authorities of the Tihar jail to share the certified copy of death warrant issued for execution of Afzal Guru, but refused to give the video recording of the same. Prof M Sridhar Acharyulu on 30th September, partly allowed the second appeal of Mr. Paras Nath Singh, who sought details of Afzal Guru Execution. He has directed to inform the process of fixation of date for execution and time provided for the communication about the same, as the appellant raised doubts about sufficiency of time given to family members about his execution
The Commission observed that neither CPIO nor FAA gave any justification for claiming exemption under Section 8(1)(a) of the RTI Act. The Commission suggests that the public authorities, their CPIOs and Appellate Authorities should desist from rejecting the RTI applications, lock, stock and barrel without giving any reason or justifying the exemption claimed and compelling the applicant to reach the Commission.
The CPIO of Tihar Jail submits that any information about the execution of Afzal Guru will endanger the security, integrity and sovereignty of the Nation and seeks exemption under Section 8(1)(a) of the RTI Act. The Commission asked the PIO/Tihar jail how giving a copy of death warrant would endanger the security of the Nation? Then he said that it would create a law and order situation and endanger lives of the people. Endangering the nation is totally different from possibility of creating a law and order problem. The appellant's representative has shown the Commission the copy of death warrant issued in the case of Mohmad Ajmal Kasab, the terrorist executed, which was obtained through a RTI request.
The Commission finally directed the Public Authority to