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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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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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Prasad GLN

The situation is very typical and one may has to learn several lessons.

Who is the custodian of the information as a material form of record ?

In what way the dept., is concerned.

Was there any conspiracy in endorsing the RTI Application to many depts., and smartly landing it finally with an organization that is exempted.

First, read the process and to whom report has to be submitted, 

Definitely the matter is not connected with such intelligence and inquiry and a matter concerned with larger public interest.

It was informed by you that SIC can not accept second appeals against exempted organisations.

The key point is whether it is true that such exempted organisation is the custodian of such information ?

I stand by my reply that unless the report is submitted in Assembly, it can be a part of public record.

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Sunil Ahya

The First Appellate Authority has not given a speaking order (reasoned reply) on the grounds raised by you in your first appeal, but he has simply upheld the order of PIO, therefore the order of the FAA violates the principles of natural justice, it also violates the several precedents laid down by the various High Courts and Supreme Court of India, and as such the Order of the FAA is bad in law.

The way forward is to file a second appeal / complaint against the order of the FAA before the concerned Information Commission. Please refer to the blog on the following link to articulate your grounds for approaching the concerned Information Commission:

Justifications for reasons of denial.

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Prasad GLN

Now as you have commenced the process go for second appeal to SIC against CMO Secretariat, and immediately file fresh RTI Application and seek information as follows:

Information solicited:

1.Please provide me the certified copy of any public record that states the custodian of the Jallikattu committee report submitted by...................................

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