The Hindu : IB declines to produce Marad reports

Online edition of India's National Newspaper
Friday, Feb 13, 2004

Kerala

Kerala

IB declines to produce Marad reports

By Our Staff Reporter

KOZHIKODE, FEB. 12. The Intelligence Bureau (IB) under the Union Home Ministry has declined to produce its intelligence reports in connection with the May 2 massacre at Marad, near here, before the judicial inquiry commission probing the case.

In an affidavit filed before the Marad Judicial Inquiry Commission here today, Mulloth Mukundan, Joint Deputy Director, Subsidiary Intelligence Bureau, Thiruvananthapuram, said the IB was not in a position to produce the reports received or collected by the department in connection with the Marad incident. ``The report contains material pertaining to the affairs of the State and communications of the headquarters as well as other offices which are of secret nature.''

The IB decision comes close on the heels of the Intelligence Wing of the State Police Department getting a favourable injunction from the High Court of Kerala, restraining the Commission, from publishing any information contained in its intelligence reports on the Marad incident. The State and Central Intelligence departments had been asked by the Commission to produce all reports received or collected between December 2001 and May 2003 in connection with the incident.

The IB's affidavit, made available to The Hindu , states that the documents also relate to the question of public policy and these could not be revealed.

``These documents are official records pertaining to the affairs of the State and hence are privileged documents under Section 123 of the Indian Evidence Act. The disclosure of the information will compromise our source of information.''

Mr. Mukundan said he had been instructed to state that the reports on Marad were not confined to that incident alone but were compiled intelligence reports collected from various channels by different officers relating to a series of other matters also.

``They also co-relate other incidents to find out whether the incident concerned is by chance or a pre-planned action having a bearing on the security of the State itself and therefore the reports collected are affairs of the State and are privileged documents.''

Requesting the Commission not to insist upon the production of the report, he said the intelligence reports might be in a different category, seeking protection not as a State, political and strategic document but required protection on the ground that secrecy must be ensured.

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