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LATEST NEWS UPDATES | Govt refuses info on Kasab's mercy plea -Himanshi Dhawan

Govt refuses info on Kasab's mercy plea -Himanshi Dhawan

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published Published on Feb 21, 2013   modified Modified on Feb 21, 2013
-The Times of India

Government cited the Constitution to deny information on the Mumbai terror attack convict Ajmal Kasab's mercy petition. The ministry of home affairs rejected an RTI application filed by activist Venkatesh Nayak saying it was "privileged information" under article 74(2) of the Constitution. The Rashtrapati Bhawan went a step further to say that the information is not held in a "subject-wise manner."

Nayak had in January sought information for mercy petitions submitted to President related to Kasab, file notings related to the disposal of the mercy petition and the President's decision from the ministry of home affairs (MHA).

The MHA has invoked article 74(2) to reject the request. Article 74(2) of the Constitution provides that courts are barred from inquiring into any advice given by the Council of Ministers to the President. "If mercy petitions for Kasab are covered by article 74(2), then it implies that the Council of Ministers actually made a plea to the President for sparing Ajmal Kasab's life. Mercy petitions submitted by any other person do not qualify for the protection of this section. So if the Council of Ministers submitted a mercy petition for Kasab, how and why did the President reject that advice," Nayak said.

The Rashtrapati Bhawan went a step further, with the PIO saying that records of RTI applications received in the President's Secretariat were not held subject-wise. If at all the information should have been denied under Section 8 of the RTI Act, argued Nayak.

Kasab was hanged to death on November 21, 2012 in absolute secrecy in Pune's Yerwada Jail leading to an uproar among human rights activists and others. His mercy plea was rejected by President Pranab Mukherjee on November 8. Kasab's hanging was followed by a similar tactic adopted by the government for Parliament attack convict Mohammed Afzal Guru.

The Times of India, 21 February, 2013, http://timesofindia.indiatimes.com/india/Govt-refuses-info-on-Kasabs-mercy-plea/articleshow/18602069.cms


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