Central Information Commission (CIC): Central Information Commission rejected the RTI application filed by A.G. Perarivalan, death row convict in the Rajiv Gandhi assassination case seeking information regarding the reasons for the President to reject his mercy petition on account of it falling under Article 74(2) of the Constitution of India. Relying upon the Judgment of Delhi High Court in Union of India Vs CIC (WP(C) No. 13090 of 2006) dated 11.7.2012, Central Information Commissioner rejected the plea of applicant and said, “the provisions of RTI Act cannot take away the Constitutional protection and therefore the disclosure under the RTI Act has to be in consonance with the Article 72 and Article 74 (2) of the Constitution. The appellant seeks to know the reasons of rejection of his mercy petition filed under Article 72 of the Constitution. In this case, the reasons are primarily recorded in the advice tendered by the Council of Ministers which is protected by Article 74 (2) of the Constitution. As held by the Hon’ble Delhi High Court, the provisions of the RTI Act are also bound by the Constitution”. The appellant had filed an RTI application dated 7.10.2011 wherein he stated that he had filed a mercy petition under Article 72 of the Constitution of India and on 27.8.2010 received a communication through the Ministry of Home Affairs that the petition has been rejected. The appellant had sought to know the reasons behind the decision of rejection of the mercy petition filed by the appellant. (A.G Perarivalan v. Ministry of Home Affairs, Case No. CIC/SS/A/12/002194, decided on June 25, 2013)
Posted on: Wed, 07 Aug 2013 20:44:58 +0000