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‘Records on custodial deaths do not come under exemption category’

Staff Reporter

BHUBANESWAR: The State Information Commission on Tuesday said records on custodial deaths lying with Crime Branch cannot be bracketed in ‘exemption category’ under Right to Information Act.

Commission directive

Chief Information Commission D. N. Padhi asked the investigating agency to supply information on custodial deaths to a city-based human right activist by August 1. The direction came when agency presented argument that its operations could not be disclosed while denying information on these deaths to activist Biswapriya Kanungo.

Mr. Kanungo had sought detail information on custodial deaths and inquiries ordered on those incidents from 1989 to 2006 from the Home Department. However, he received half-compiled information as the Crime Branch was in-charge of inquiring into custodial deaths till 2001. After 2001, Human Rights Protection Cell operating under police department was given custodial deaths related matters for inquiry. Mr. Kanungo had argued that information on custodial deaths was no way related to security and intelligence matters and hence it should be made available to him. After hearing arguments, Mr. Padhi said since custodial deaths were human rights issues it should not be construed that it was in exemption category.

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