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As regards the rest of the queries, i.e. 3, 4& 5, the Commission is of the opinion that without examining the contents of the report in question, the applicability of Section 8(1)(a) cannot be evaluated.
Apart from hearing the respective versions of the parties, the Commission takes suomotu notice of the fact that the place of occurrence, Chirang province in Assam was declared a disturbed area under the Armed Forces (Special Powers) Act (AFSPA) at the relevant time. Considering the apparently conflicting interests of human rights violation and national security; as portrayed by parties hitherto, the Commission is inclined to summon and call for the complete records of the case before deciding the present appeal. The Commission hastens to clarify that the said exercise shall be confined to deciding the question of disclosability of the information sought under the RTI Act.