Case Law: Hemanta Panda v. National Archives of India, 2015 SCC OnLine CIC 2125, decided on 25.06.2015
The Central Information Commission (CIC) directed that the FIR and charge sheet filed by Delhi Police on the assassination of Mahatma Gandhi must be disclosed disposing of an appeal filed by an RTI activist in the matter. This order by the Commission came upon an appeal filed by an RTI activist from Odisha who had made a seven-point application to the Ministry of Home Affairs seeking a copy of the FIR and charge sheet among other pieces of information including whether any post mortem was done as per law.
The Ministry of Home Affairs forwarded the application to the National Archives of India and the Director of Gandhi Samriti and Darshan Samiti. It was informed by Gandhi Samriti and Darshan Samiti that no post-mortem examination was performed in the case as per the wishes of the family. Regarding the information on FIR and charge sheet, Gandhi Samriti and Darshan Samiti responded that they do not have any information related to the same as the investigation was carried out by Tughlak Road Police Station which had registered the FIR after the assassination. The National Archives of India also informed the appellant that he might visit its office to find out information required by him in keeping with the provisions of the Public Records Act, 1993 and Public Records Rules, 1997.
While disposing of the appeal, CIC directed Ministry of Home Affairs to attempt another search in the matter and provide information to appellant. It was further directed that if the information in question is not available in Ministry of Home Affairs or Tughlak Road Police Station, the CPIO of the Home Ministry shall inform the appellant in writing.
