Using RTI for initiating an enquiry into death in judicial custody
6 Sep, 2012Background
The appellant’s son had died while in the judicial custody. The appellant had sent representations to various authorities including the Supreme Court of India seeking judicial enquiry into the death of his son. He later filed an application under the Right to Information (RTI) act with the Supreme Court, seeking information in this regard. The Public Information Officer (PIO) informed the appellant that his petition had been forwarded to the police authorities in the State of Madhya Pradesh for further necessary action and that the relevant records had since been weeded out.
Proceeding
During the hearing before the Central Information Commission (CIC), the appellant pleaded that he should be given justice and that his son's death should be probed by instituting a judicial enquiry.
View of CIC
The Central Information Commission (CIC) observed that the Supreme Court had not thought it necessary to order any specific enquiry into the death of the appellant's son and had forwarded his representation to the police authorities in the State of Madhya Pradesh. The Commission also stated that the PIO had truthfully informed the appellant about whatever action the Supreme Court had taken on the matter. The Commission rejected the appeal stating that there is no further relief which the CIC can give and also advised the appellant to approach the competent authorities, either in the administration or judiciary, to seek further remedy in the matter.
Citation: Mr. Jagdish Sharan Sahu v. Supreme Court of India in File No.CIC/SM/A/2011/002073
RTI Citation : RTIFI/2012/CIC/617
Click here to view original RTI order of Court / Information Commission