Central Information Commission (CIC) has ruled that the defence ministry should reveal the findings of the court martial in Machil fake encounter in which three youth from Nadihal Baramulla were killed. It has rejected the idea of invoking Section 8(1)(h) to deny the same information as was demanded by Venkatesh Nayak under Right to Information Act.
The decision was announced by Information Commissioner Divya Prakash Sinha on November 9, 2016.
The Commission has directed the CPIO to provide all available and relevant information with regard to the fake encounter within 15 days.
“There are no tenable grounds for invoking Section 8(1)(h) for query Nos 1 to 4 of the RTI Application,” the order reads.
With this order, Venkatesh’s legal battle to get the information has almost concluded, though the actual information is yet not handed over.
It started on January 27, 2015 when Venkatesh moved an application under RTI seeking response to the findings of the Court Martial in relation to the conviction of five Army Personnel for the killings committed at Macchil, Jammu and Kashmir in the year 2010.
Machil encounter was key to 2010 unrest, the army has punished five soldiers but has not disclosed details of its findings.