The Hindu : Marad panel restrained from divulging details

Online edition of India's National Newspaper
Wednesday, Feb 11, 2004

Kerala

Kerala

Marad panel restrained from divulging details

By Our Staff Reporter

KOCHI, FEB. 10. The Kerala High Court today directed the judicial commission probing the Marad massacre not to publish any information contained in the Intelligence reports until further orders from the court.

Justice C.N. Ramachandran Nair passed the interim directive on a writ petition filed jointly by the Director General of Police (DGP), Kozhikode the Police Commissioner, Dy.SP, Special Branch, Kozhikode, and the Assistant Commissioner of Police, District Special Branch, challenging the commission's order.

The court said that further orders would be issued only after perusing the report called for from the commission and hearing the parties. The court also directed the commission to open the sealed covers containing the Intelligence report himself, peruse the same and forward a report in a sealed cover to the High Court stating whether the report in part could be published and if any part was "entitled to immunity", i.e. whether the same was separable and could be withheld from publication separately.

The commission had been directed to go thorough the Intelligence report without allowing access to parties before it or anybody. Besides, the commission should permit the Commissioner of Police or any senior officer from the Intelligence Department to be present while examining the report and to point out as to which were the items of information on which the Government wanted to claim immunity from publication, which would be considered.

The Judge pointed out that the commission was free to express his views on those matters also in the report to be forwarded to this court. The commission has also been directed to go ahead with the examination of witnesses who were not connected with the Intelligence reports.

The DGP and other police officials in their petition had challenged the order issued by the commission in January 29. As per the order, the commission had overruled the objections of the State Government in opening the sealed covers containing the Intelligence reports relating to the Marad incidents.

Though the Government had claimed immunity under Sections 123 and 124 of the Evidence Act, the commission had stated in its order that without publishing and going through the Intelligence reports, the very same issues referred to the commission could not be effectively answered.

The commission was of the view that the Government could ask the commission not to publish the source of Intelligence information. The court said that it was not known in what form the report had been presented to the commission; whether there was any portion that could be published without the risk of publishing the source of the information.

The petitioners contended that if the information were disclosed, it would affect the security of the State. Besides, it would also reveal the source of information, the tools adopted by the Intelligence agencies and the identity of the name of person who provided the tip-offs.

In fact, these reports were classified documents. Besides the information in Marad, the reports also contained information regarding other issues in other parts of the district.

The police officers sought to quash the commission's order. The petition has been posted to Feburary 25 for further hearing.

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