Can’t give any information related to encounters: J-K police

JK Bank
Army personnel taking positions during an encounter in Laribal, Handwara.

By Fahad Shah

In response to an appeal by a Human Rights activist, Khurram Parvez of Association of Parents of Disappeared People (APDP), under the Jammu and Kashmir Right to Information Act, 2009, the J-K police have denied to give the information which relates to all the encounters from 1989 to 2012 in the state.

The J-K police in a rejection order (CIV/RTI/37/2012/866), dated May 22, 2012, sent to Parvez have said that the information asked for cannot be supplied as it falls under section 8 (1) A of the act. It further says that as per the section 16 (1) of the act, within 30 days, Parvez can file an appeal to the first appellate authority, Rajinder Prasad Rasotra, IPS DIG (Admn), Police Headquarters Jammu and Kashmir.

The section 8 (1) A which has been given as the reason for not providing the information is “Exemption from disclosure of information”. It says that there shall be no obligation to give any citizen “information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State or lead to incitement of an offence.”

The information sought, from the year 1989 till date, is the total number of encounters, dates, FIR numbers registered in such encounters, name of the units of government forces involved, name of militant organisations and militants who were ambushed, list of local/foreign militants killed, list of government forces killed, list of killed civilians killed, and list of those encounters cases where police investigations later proved the encounters to be fake.

Parvez says that as per the government these encounters were conducted for the sovereignty and security of the state and now even the information related to them has become a security issue. “How can the information related to these encounters become a threat to the state?” he asks.

Photo: Abid Nabi

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