Tihar stonewalls Guru RTI, cites 'sovereignty concerns'

 The Tihar jail authorities have refused to disclose any information on Parliament attack convict Afzal Guru’s hanging, saying that such revelations may impact India’s relations with foreign countries.

The refusal came in response to an RTI query filed by Lucknow-based activist Urvashi Sharma. Sharma had sought the name of the executioner, officials present at the time of the hanging, time of the execution and the location of his grave, besides a certified copy of the death warrant.

She had also sought the names of the religious leaders who performed the rituals during Guru’s burial. She also asked for copies of photographs or video recording of the execution, besides a certified copy of Guru’s last medical report.

In response, the prison department cited Section 8 (a) of the RTI Act which prohibits disclosure of information under certain circumstances. The section provides for withholding “information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the state, relation with foreign state or lead to incitement of an offence.”

It also declined to disclose the money spent for Guru’s maintenance in prison, saying that “no separate record regarding expenditure on an individual prisoner is maintained.”

Sharma said she was contemplating filing a review petition. “The prison department could have laid to rest the speculations with regard to the hanging. It could have made its position clear before the human rights organisations as well,” Sharma said.

She was not convinced with the department’s explanation that such information could affect the country’s ties with foreign states.

Guru was hanged in the Tihar jail on February 9. Human rights organisations had questioned the delay in informing his family while separatist outfits in Jammu & Kashmir have been on a warpath over the issue.