The Central Information Commission has directed the Rashtrapati Bhavan that mercy petitions filed before the President do not attract any of the exemption clauses of the RTI Act and should be disclosed whenever sought under the transparency law.
The panel was hearing the petition of Mayilsamy K who had sought to know the details of processing the mercy plea filed by former Prime Minister Rajiv Gandhi's assassins Santhan, Periarivalan and Muragan.
President Pratibha Patil had recently turned down their clemency petition but the order has been stayed by Madras High Court.
Taking the case on priority, as it was related to 'Life and Liberty', Chief Information Commissioner Satyananda Mishra said, "All mercy petitions filed before the President of India either by the persons sentenced to death or others, which have been taken into consideration by the government, should be disclosed.
"These are not covered under any of the exemption provisions of the Right to Information Act."
The Commission, however, exempted the advice given by the Home Minister to the President as it would be violative of the Article 74(2) of the Constitution and would not be disclosed under the Right to Information Act.
The Commission, however, exempted the advice given by the Home Minister to the President as it would be violative of the Article 74(2) of the Constitution and would not be disclosed under the Right to Information Act.
On the issue of file notings and communications made during the processing of mercy petitions, Mishra allowed their disclosure after severing names of officials who have given their advice as it could bring their safety in danger. In reference to communications, he said issues where section 8(1)(a) is attracted can be withheld.
"Disclose the copies of the file notings not forming part of the ministerial advice to the President of India after severing all the names and other references regarding the identities of the public servants regarding those file notings and making those correspondence," Mishra told the President's Secretariat.
