Reasons for the delay in implementation of death sentence of Mohd. Afzal Guru

Background

The appellant sought the reasons for delay in implementation of Court’s order regarding death sentence to Shri Mohd Afzal Guru. The Public Information Officer (PIO) informed the appellant that the mercy petition has been filed by Smt. Tabbusam, wife of Shri Afzal Guru, along with various other representations and the matter is under consideration of Ministry of Home Affairs (MHA), before it is submitted to the President of India under the provisions of Article 72 of the Constitution of India. It was also stated that there was no time limit has been prescribed under Article 72 for the disposal of such petitions by the President. In the reply to the first appeal filed by the appellant, the First Appellate Authority (FAA) stated that the comments of Lt. Governor of Delhi were awaited on the mercy petition filed by the wife of Shri Afzal Guru. Dissatisfied with both the replies, the appellant filed the second appeal to the Central Information Commission (CIC) suggesting that a time limit should be prescribed for disposal of such matters.

View of CIC

During the hearing the respondent submitted that after receipt of the comments from Lt. Governor of Delhi in June, 2010 on the issue of grant of clemency to condemned prisoner Mohd. Afzal Guru, the case has already been submitted to the President’s Secretariat on 27.7.2011. The decision of Honourable President is awaited in the matter. The Commission agreed with the PIO that requisite information as per record and permissible under the RTI Act has been provided by the respondent. Regarding the appellant’s submission that a time limit may be prescribed for the whole process, the Commission observed that such query does not fall under the definition of “information” as defined u/s 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, 2005.

Citation: Shri Tej Singh Mehta v. Ministry of Home Affairs in File No. CIC/SS/A/2011/001566