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Shree Vathsan

Jallikatu Protest Final Report

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Shree Vathsan

In Jan 2017 there was protests for Jallikattu all over Tamil Nadu. In Chennai what went on as a peaceful protests for six days took an ugly turn on the 7th day with police lighting fire on autos and inducing violence. In the aftermath of the Jallikattu riots the TN Govt set up an one Man Retired Justice Commission to enquire into the circumstances leading to the riots. The initial time was three months but the final report was given to Tamil Nadu CM only on Jan 2020. The contents of the report was not made public and not many media covered this news.

 

I had asked for a copy this report given to CM under RTI to CM Office, Secretariat.

After transferring to multiple Dept's the RTI finally landed in Public (SC)( of Home dept I guess. ) Here the PIO has denied information quoting GO MS 1045 dt 14.10.2005 which exempts the said dept from RTI.

 

The information sought is very crucial and certainly involves larger public interest. Will first appeal help? Or RTI to any other dept be of any use?

 

 

Sent from my SM-J510FN using RTI INDIA mobile app

 

 

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Sunil Ahya

The PIO has cited the exemption of section 24(4) for denying the information requested by you. Please peruse the provision of section 24(4), the same is reproduced below:
 

Quote

 

Section 24(4)

Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify:


Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:


Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.


(5) Every notification issued under sub-section (4) shall be laid before the State Legislature.

 

 

As you can see, your best chances of getting the information is, if you can show that the information sought by you pertains either to (1) allegation of corruption or (2) violation of human rights.

It seems that, in the facts of your case, the information sought by you may possibly fall under the category of 'violation of human rights'. If that is the case, then you may file a first appeal before the concerned First Appellate Authority on the ground of violation of human rights, however, please note that the second proviso to section 24(4) provides that in such cases the power to disclose information lies with the State Information Commission.

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Prasad GLN

Those reports unless they are placed before the Assembly can not be disclosed to public.  If you are not satisfied continue the cycle and go for first and second appeals stating larger public interest.

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Shree Vathsan
Those reports unless they are placed before the Assembly can not be disclosed to public.  If you are not satisfied continue the cycle and go for first and second appeals stating larger public interest.
But technically TNSIC cannot hear a case from a dept that is exempt from RTI.

Sent from my SM-J510FN using RTI INDIA mobile app

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Prasad GLN

Track the depts., as the report might be available with more than one dept., EX : Home Ministry.

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Shree Vathsan

@Sunil Ahya Thanks  for the enlightening reply. I will go ahead with the appeal. 

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