The CIC today said a prisoner must get clarification about his right to parole according to laws and guidelines even though giving such explanations by a public authority does not come under Right to Information Act.
The case relates to information sought by murder convict Nitin Verma who sought clarification of "multiple murder" used in the conditions given for granting parole and furlough.
According to conditions, parole would ordinarily be not granted if a prisoner is convicted for murder after rape; if a prisoner is convicted for murder and rape of children; and if the prisoner is convicted for "multiple murders". However, competent authorities have a discretionary power to grant parole under special circumstances.
Verma, who is lodged in Tihar prison for "multiple murders", sought a clarification on the term from the Home Ministry which rejected the application saying seeking clarifications and opinions do not constitute information as defined in the RTI Act.
In normal cases, seeking clarifications or opinion, unless it is expressed in a record, from public information officers does not come under definition of "information".
He wanted to know whether multiple murders mean one FIR or more than one FIR in different murder cases.
Information Commissioner M Sridhar Acharyulu, however, rejected the argument saying there was no other way for a convict to get clarification in such cases.
The Commissioner asked the Home Ministry officials where can an ordinary man like the applicant get clarification about his right to parole according to the law and guidelines.
The Home Ministry told the Information Commissioner that they have sought legal opinion on the issue from the Assistant Legal Advisor.
The Commissioner ordered the Home Ministry to share the legal opinion, which stated that multiple murders literary means the 'murder of more than one person' with the applicant.
