The Central Information Commission has asked the Indian Army to hand over court of
inquiry, post-mortem and other reports relating to the death of Shaurya Chakra awardee Capt Sumit Kohli to his mother Veena Kohli.
Captain Kohli's death in 2006 in Jammu and Kashmir was stated to be a case of alleged suicide by his unit. Moments after hearing the news of death of his son, Captain Kohli's
father also passed away.
Veena Kohli, a resident of Chandigarh, has been demanding reports and other documents related to the court of inquiry, post-mortem and inquest proceedings conducted after the officer's death.
Army officials had not passed on documents to the officer's mother on the plea they could not be provided to individuals not governed by the Army Act. It was also stated by the Army that the death had occurred in Jammu and Kashmir and the RTI Act was not applicable there.
An aggrieved Veena Kohli had approached the CIC pleading that the RTI act was applicable to the Army as it was a Central government organisation.
In its order on Wednesday, the CIC said the RTI Act should now apply to all government organisations irrespective of their location. The CIC also said that the court of inquiry proceedings are not excluded from the RTI Act and they have to be disseminated under it. The commission, however, made it clear that in cases where the disclosure of an inquiry can have national security ramifications, the proceedings can be held back.
