'Operation Blue Star' records still too sensitive to be revealed under RTI
Right to Information (RTI) applicant Navdeep Gupta sought inspection of all files at the Prime Minister's Office (PMO), relating to Operation Blue Star conducted by the Indian Army between the 1st and 8 June 1984 and certified copies of the relevant documents, which he would identify during inspection. He also wanted information on the retention schedule followed by PMO for weeding out the dak register pertaining to the year 1984 – whose information was earlier denied to him.
The PMO forwarded his RTI request to the appropriate public authority, that is, the Central Public Information Officer (CPIO) of IHQ of MoD (Army) Brig Devesh Gaur and Lt Col RN Sharma, GSO 1 (Legal). The CPIOs denied the information, after which Gupta filed his second appeal with the Central Information Commission (CIC).
During the hearing, Brig Gaur stated to CIC Divya Prakash Sinha, that information has been denied under Section 8(1)(a) of the RTI Act as disclosure of information entails sensitive issues of 'national security and intelligence related records'.
Gupta argued that the Home Ministry has given some unnerving information regarding the deaths in the premises of the Golden Temple and that disclosure of information at this belated stage in no way prejudicially affects the security or strategic interests of the State nor lead to incitement of an offence unless Indian Army has done any injustice, which it believes will incite an offence. Brig Gaur argued that the records are yet not 'declassified' by the government, and hence its disclosure will be prejudicial to national interests.
In order to ascertain whether the passing of more than 30 years since the occurrence of the incident will have any bearing on national security at this stage, the CIC directed the CPIO to send his detailed written submissions to justify the applicability of Section 8(1)(a) of RTI Act. The appeal was reserved for decision.
The CPIO on 3 January 2018, replied to the CIC stating that, "Operation Blue Star was conducted in the year 1984 in Punjab & the Union Territory of Chandigarh and the records of its operational details that it holds continue to remain classified. The disclosure of these records will have severe implication for the integrity of the State inasmuch as the operation was launched essentially to safeguard the integrity of the nation from separatist elements. The subversive elements related to the separatist movement in the affected areas still remain active in India and abroad. That, it also means that disclosure of this information at any point in today's time will invariably enable anti-national elements and external agencies to rejuvenate separatist designs while drawing inspiration in the name of the terrorists who were killed during the operation."
Brig Gaur further stated in his submission that, "…then there is the scope of misinterpretation, speculation by vested interest groups, which in turn may lead to violence and the resultant unrest will lead to a deterioration of law and order, impacting the security of the nation at large. Besides, in the current scenario of social media proliferation, manipulation of details regarding the said operation on the electronic platform by vested interest groups would be instantaneous before any preventive measures are taken by government."
Brig Gaur also argued that disclosing the details might lead to selective targeting of security forces who were involved in the Operation. He gave the example of Lt Gen KS Brar (Retd), who was placed in the Z Plus security category, was assaulted in October 2012, not just in India but also in London only because he was involved in the Operation Blue Star. General Arun S Vaidya, the then Chief of Army Staff (COAS) was assassinated in 1986 after the conduct of the said Operation.
Therefore, the CIC order notes that, "CPIO contends that the disclosure of information will potentially lead to a number of criminal offences either against a particular community or against individual citizens of India who were merely discharging their duties. It is for such reasons and other security concerns that the government has perhaps consciously not declassified the details related to the operation."
CIC in his final order on 27 March 2018, observed that: "(The) Commission completely concedes with the view that disclosure of information will be primarily prejudicial to the internal security of the nation and can be a potential cause for incitement of offences of varied nature." And that, Gupta's arguments against the denial of information "is devoid of merit".
The CIC, in his order stated that "…the subject matter of the information sought pertains to an Operation of the Indian Army, which purportedly led to such a communal paraphernalia that later assumed cataclysmic proportions, stretching beyond the time period of its being. Disclosure of the relevant records is not prudent at a time when the nation is rife with instances of invariable intolerance amongst communities."
"Even further, the international dimension of the operation has been such that even as on date, the United Kingdom's alleged role in the same is under the scanner. As gathered, a Freedom of Information Appeal reportedly seeking declassification of files containing information on Britain's involvement in the operation is being heard by a Tribunal in the context of withholding of documents related to the subject by UK Cabinet office. The said decision was later upheld by the UK Information Commission as UK authorities cited prejudice to international relations with India due to the political sensitivity of the subject as their reason for non-disclosure."
The CIC order backed the CPIO's decision of denying information under Section 8(1)(a) of the RTI Act. However, regarding RTI applicant Gupta's request for information on the retention schedule followed by PMO for weeding out the dak register the information of which was denied, the CIC directed the CPIO to provide the required information. It also directed the CPIO, PMO to send a compliance report to the Commission including his explanation for not having provided the information.
(Vinita Deshmukh is consulting editor of Moneylife, an RTI activist and convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting, which she won twice in 1998 and 2005, and the Chameli Devi Jain award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book, "To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte", with Vinita Kamte, and is the author of "The Mighty Fall".)
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