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Help me build a Good defence for this second Appeal


Shree Vathsan

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Shree Vathsan

Hi all, I had sought the following details regarding Shooting of innocent people during Sterlite protests in Tuticorin during 2018. The PIO from Tuticorin Collectorate replied that since the case is under investigation information cannot be given quoting Sec8(1)h of the RTI Act. The CBI investigation into the case has not even progressed to the stage of FIR. 

I have telephonic hearing of the second appeal in the next week. Please help be build a strong defence in request of information. All the information  sought has larger public interest.

 Please provide the following information under Right to Information Act, 2005.

 

  1. Name and designation of officers of who issued shooting orders during protest against Sterlite in Tuticorin on May 22, 2018. 

  2. Details of current posting and designation of the officers who issued shooting order on May 22,2018. 

  3. Certified true copy of the shooting order issued. 

  4. Name and designation of officers (in other departments like police ) with whom consultation was done prior to issuance of shooting order.

  5. Copy of communication sent to officers of other departments prior and post issuance of shooting orders and copy of file notings made.

  6. Rank  and designation of officers who are allowed issue shooting orders during emergency/riot like situations. If shooting orders should be issued in consultation with heads of other departments, complete details of  the  designation of officers and the respective departments. 

  7. Complete details including Copy of document showing protocol/standard operating procedure that should be followed by the officers during riots/other exigencies to issue shooting orders. 

  8. Details of any penalty/punishment under relevant sections of Acts and existing service Rules that could be imposed on such officers if shooting order is issued without due diligence/incorrectly and causes unwanted deaths of innocent people.  

  9. Details of whether any meeting was conducted to sensitise the officials on the importance of issuing shooting orders properly and  only in utmost emergency situations. Copy of document showing minutes of such meeting and list of officers who participated in the meeting. 

   10. Copy of any circulars, memos and letters sent post Thoothukudi  shooting incident asking officials to refrain from issuance of unwanted shooting orders and details of any changes that had been made to Standard Operating Procedure for shooting orders post Thothookudi firing incident. 

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Prasad GLN

There are several CIC  decisions/Judgments that clarified several times that the PIO must establish and justify as to how that information if provided impede the progress of investigation.   Sans this essential justification of denial, the denial is deliberate and malafide.  Search in blogs and decisions/judgment in the forum.    If at all SPIO had such bonafide reasons that can convince IC, he may severe such points/queries and provide the other information and PIO can not deny information for all points.

 

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