The Hindu : Kerala News : P.J. Joseph issue: plan to move information panel for IG's report

Online edition of India's National Newspaper
Friday, Oct 27, 2006
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Kerala

P.J. Joseph issue: plan to move information panel for IG's report

Special Correspondent

Home Department rejects request for a copy of the report

KOCHI: Niyama Sameeksha editor D.B. Binu is planning to move the State Information Commission (SIC) against the Home Department's rejection of his request for a copy of the report of Inspector General B. Sandhya's investigation of former Public Works Minister P.J. Joseph.

However, Mr. Binu said, he would make one more attempt with the Home Department's appellate authority before approaching the commission.

Mr. Binu last month asked the department for a copy of the report. The department's designated public information officer turned down the request saying that since the Government ordered a judicial inquiry (into the alleged misbehaviour by the former Minister with a woman co-passenger on a flight on August 3), it was `not desirable' to make the report public. The department cited the `exemptions from disclosure' clause of the RTI to support its stand.

Mr. Binu claimed that since the term `investigation' in the clause did not refer to judicial inquiry, but to police investigation, the exemption clause could not be applied to Ms. Sandhya's report. He said there was no ongoing police investigation into the issue in Kerala, though there was one in Tamil Nadu on a private petition by the woman victim.

He said it was necessary that such reports should be in the public domain to make investigations more transparent and objective. That was why he wanted the issue to be taken up by the Information Commission. Before that he would once again ask the department to give him a copy of the report.

Marad report

Meanwhile, the Home Department has moved the High Court seeking a stay on the Information Commission's order to provide a copy of the Marad judicial inquiry report to Mr. Binu. The commission had, on September 28, ordered it to provide the report to Mr. Binu "within 10 days." Claiming that since the report had not been discussed in the Assembly, it would amount to a breach of privilege of the House, the department sought a stay.

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