MHA turns down RTI on Afzal Guru’s mercy plea

NEW DELHI: The union home ministry has turned down an RTI request seeking file notings on the mercy petition moved by Parliament attack convict, Afzal Guru, citing grounds such as “safety and security concern.”

The MHA, in its reply on the RTI petition, said the mercy plea is under its examination as comments from Delhi government are “still awaited” on the matter. As per rules, the comments of the government of the state under whose jurisdiction the crime was committed, must be taken before deciding on a mercy petition.

The MHA said: “The matter is under consideration in this ministry in consultation with the Government of National Capital Territory of Delhi for submission to the President’s Secretariat for a final decision. A request for getting copies of the file notings, therefore, is declined under Section 8 (1) (a) of the RTI Act in view of the safety and security concern.”

As per Section 8 (1) (a) of the Act, disclosure of information which would prejudicially affect the sovereignty and integrity of the country or its security, strategic, scientific or economic interests can be withheld.

Replying to the RTI application filed by advocate Vivek Garg, the MHA said a number of reminders, the latest being on November 27, 2009, have been sent to the Delhi Government to give its comments in the matter.

“After receipt of comments, the petition will be placed before the President of India for taking a decision in this matter,” it said. The Central government said a large number of representations on behalf of the condemned prisoner from various individuals or quarters, in and outside India, have also been received for grant as well as not to grant clemency to him.

Guru was sentenced to death by a Delhi Court for his role in the December 13, 2001 attack on Parliament in which nine security personnel were killed and 16 others were seriously injured.