Central Information Commission
Mr.A G Perarivalan vs Ministry Of Law And Justice on 17 May, 2013
Central Information Commission
Room No. 305 B- Wing, August Kranti Bhawan,
Bhikaji Kama Place, New Delhi - 110066
Case No. CIC/SS/A/12/0002194
Dated:17 .5 .2013
Name of the Appellant: A.G Perarivalan
Name of the Public Authority: Ministry of Home Affairs
Represented by: J P Aggrawal (Joint Secretary, Judicial), Rakesh Jhingan (Under Secretary, Judicial) Date of hearing: 9.5.2013 INTERIM ORDER
1. The appellant is being heard through video conference from Vellore Jail.
2. The appellant filed an RTI application dated 7.10.2011 addressed to the President's Secretariat seeking information regarding the mercy petition filed by the appellant. The appellant has states in his RTI application that:
"the decision of the Hon'ble President of India rejecting my mercy petition is in the nature of a quasi-judicial decision. However, neither your office nor the Union Ministry of Home Affairs, both being public authorities under the RTI Act, has communicated to me the reasons for the rejection of my mercy petition. I do not know why my mercy petition has been rejected. Therefore, I am constrained to file a formal request under the section 6 (1) of the RTI Act seeking to know the reasons behind the decision of rejection of my mercy petition. The Madras High Court has stayed the execution of my death sentence temporarily on the basis of a writ petition. I may be executed any time five weeks from now. "
The appellant further states that as the application pertains to life & liberty, the information shall be furnished to him within 48 hours as per section 7 (1) of the RTI Act. The appellant submits in his second appeal the second appeal has been filed within 104 days of the date when the decision of the first appellate authority must have been intimated i.e. 14 days behind the stipulated date of limitation and requests for condonation of delay in filing of the second appeal.
3. The CPIO, Ministry of Home Affairs replied to the appellant vide letter dated 12.10.2011 wherein it has been mentioned that the RTI application was received through President's Secretariat in Judicial Division of this Ministry on 11.10.2011. The CPIO, MHA denied the information sought while stating that "under Article 74 (2) of the Constitution of India, the advice tendered by Ministers to the President is privileged and shall not be inquired into in any court."
4. The appellant filed first appeal dated 27.12.2011. The appellant submits in his second appeal that he has not received the decision of the first appellate authority with regard to the first appeal filed by him.
5. However, the respondent submits vide its written submissions dated 18.3.2013, that an appeal dated 28.12.2011 was made before the first appellate authority and under section 7 (1) of the RTI Act, an appeal can be made within 30 days on receipt of the reply, but the appellant has filed the first appeal after more than 90 days. Therefore, the appeal was dismissed and the same intimated on 6.2.2012. The respondent also submits that the present appeal has also been made after the prescribed period of 90 days and therefore liable to be dismissed. The respondent further states that the case is presently subjudice in the Hon'ble Supreme Court of India and the concerned file is under the custody of the Hon'ble Supreme Court of India.
Decision:
The delay in filing of the second appeal is condoned as the appellant is a death penalty convict and the subject matter pertains to his life and liberty.
After hearing both the parties at length, the Commission grants an opportunity to the appellant to file his written submissions within two weeks from the receipt of this order and a reply to it shall be filed by the respondent within one week from the receipt of the written submissions. Further, the respondent is directed to file the copy of first appellate authority order as the same has not been brought on record.
The matter will be decided in due course.
Sushma Singh Information Commissioner Authenticated True Copy:
(DC Singh) Deputy Registrar Name & Address of Parties:
1. Appellant:
A.G Perarivalan, Through the Superintendent, Central Prison, Thorapadi, Vellore (T.N) - 632002
2. Public Information Officer & Ministry of Home Affairs, Judicial Division, NDCC-22, Bhawan, B Wing, 4th Floor, Jai Singh Marg, New Delhi - 110001
3. First Appellate Authority & The Joint Secretary (C & PG), Ministry of Home Affairs, North Block, New Delhi