Important documents related to suspension of human rights during Emergency are not available with it, the Union Home Ministry has told the Central Information Commission which has now directed it to give an affidavit in this regard.
Officials of Human Resource Division of the Home Ministry told an RTI applicant, who had sought information related to records on the suspension of human rights during proclamation of Emergency in 1975, that the division was created in 1993 and hence it does not have information about events of 1975.
During the hearing before Information Commissioner Sudhir Bhargava, the Home Ministry officials said the CPIO was not supposed to create or interpret information, to solve problems raised by the appellant, to furnish replies to situational queries and to furnish clarification.
"The appellant was also informed that the information sought by him in his RTI application does not fall under the definition of 'information'...," Bhargava noted in his order.
After hearing the submissions of both the parties and perusing the records, Bhargava said the appellant is seeking information relating to the suspension of human rights during Emergency.
"The respondent IS-I Division, MHA has submitted that the information should be available with the HR/IS-II Division, MHA. However, both the CPIOs have stated that no records relating to the suspension of human rights during Emergency is available with the respective divisions," he pointed out.
Bhargava directed both the divisions to file an affidavit with the Commission deposing that such information is not available with them.
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