SCIC tells SPIOs to produce post mortem details of drug dealer

Aizawl, Jun 11 (UNI) The Mizoram Chief Information Commissioner(SCIC) has ordered the state public information officers(SPIOs) of both the Health and Medical Education and the Home department to produce a copy of the post mortem report of alleged drug dealer C Lalbiakliana.

The state government had previously denied to do the same.

The order issued on Saturday directed the two SPIOs to produce the copy of the post mortem report and forensic laboratory report respectively of Lalbiakliana, who was killed by the Central YMA Supply Reduction Service(SRS) on May 8, within 48 hours from receipt of the copy of the order to applicant-complainant Tuikhuahthanga, desk editor of the Aizawl-based Zozam Weekly magazine.

Tuikhuahthanga had been denied the copy of the post mortem report by the SPIO and joint director of the Health and Medical Education on grounds that the matter was under investigation by the police, while the SPIO and deputy secretary of Home department also denied the same applicant the copy of forensic laboratory report of the SRS alleged victim on grounds that it was exempted by Notification No F 13011/16/2005-IPR dated March 27, 2007 at sl 3.

Tuikhuahthanga had then filed a complaint to the State Information Commission, which conducted a hearing on June 9.

Confused over the matter, the SIC had even published an open notice inviting opinion from citizens. The order said most citizens responded by saying that the case was clear violation of human rights and the Commission is competent to give the copy of the post mortem report.

The SCIC rubbished the Health department SPIO's contention that the information sought for a privilege and confidential document, furnishing copy of which to a third person can be detrimental to the ongoing investigation, demanding its possibility.

The SCIC also judged the Home department SPIO's contention that the post mortem report is a privilege document which could not be furnished to any third party during the trial process as having no legal basis under the RTI Act, saying that ''In case of any conflict with the provisions of any other law, the provisions of the RTI Act is to prevail as provided for under Section 22 of the RTI Act.

Therefore, what cannot be given has to be prohibited by RTI Act only, not by any other Act or Rules or instructions.'' ''Moreover, the complainant made a request to the SPIO, Home department, which is not an intelligence organisation or a security organisation of the state government, which can be exempted by notification under Section 24(4) of the RTI Act,'' the order added.

UNI