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In response to a query seeking a copy of the report on the fake encounter by a joint squad of security forces in Assam in which two persons were killed in cold blood, the CRPF cited section 24 of the RTI Act.
Extra judicial killings are violation of human rights and do not come under the exemption given to some organisations from making disclosures under the RTI Act.
The act says when the information sought for pertains to human rights violations, it “shall be” provided after sanction from the Central Information Commission within 45 days.
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Rajnish Rai, a 1992-batch IPS officer of Gujarat cadre, had filed a report with the CRPF top brass chronicling how a joint team of the Army, the Assam Police, the CRPF, its jungle warfare unit CoBRA and the border guarding force Sashastra Seema Bal (SSB) conducted the encounter on March 29-30 in Simlaguri area of Chirang district and killed what they called were two insurgents of the banned group NDFB (S).
Rai, in his 13-page report, alleged that information about the incident and FIR filed by the joint squad of forces present a “fictitious account” of the operation to “conceal pre-planned murders of two persons in custody and present it as some brave act of professional achievement”.
The home ministry had acknowledged receiving the report and said it is being studied and action on its content will be taken soon.
Advisor to the home ministry Ashok Prasad had said that the CRPF DG had received the report and would send it to the home ministry.
Rai, deputy chief of the CRPF formations in the northeastern states, had also sent the April 17 report to the Chief Secretary of Assam and chairperson of the Unified Command of security forces, the Central Reserve Police Force headquarters here, the General Officer Commanding (GOC) of the 4 Corps in Assam and the Director General of the SSB.