Destroyed File: CIC ask PMO to furnish details on Netaji

http://justiceforsubhas.blogspot.com/

Giving its  decision on the vexed issued of a destroyed PMO file on Subhas 
Chandra Bose's  fate, the Central Information Commission has directed the Prime 
Minister's  Office to provide documents sought by Mission Netaji.

"A copy each of  page 68/N in File no RTI/219/2006/PMO and page 151/C of File 
No 2(64)56-70 PM  Vol V (closed) will now be provided to Shri Anuj Dhar within 
one week of issue  of this Decision Notice," directed Chief Information Officer 
Wajahat Habibullah.  The Chief Information Officer also handed over to PMO 
Director Amit Aggarwal  copy of a letter by Dhar to Habibullah with the 
instruction that "this document  may be examined ... (and) further information 
provided to him".

Dhar's  letter lists 9 letters/documents exchanged between the PMO and 
Mukherjee  Commission and states that "the key issue is transparency".

"An evidently  secret file concerning a matter of national importance appears 
to have been  destroyed in suspicious circumstances and the PMO is sidestepping 
the issue. As  such, the disclosure of 1 to 9 above will not only be in tune 
with my original  application seeking 'all papers concerning the destruction of 
file No  12(226)/56-PM' but also serve public interest."

The file in question (No.  12(226)/56-PM titled Investigation into the 
circumstances leading to the  death of Shri Subhas Chandra Bose) was destroyed 
in 1972 when Khosla  Commission of Inquiry was functioning. The destruction was 
prima facie unlawful.  Government procedures don't allow destruction of even 
unclassified historical  papers relating to issues "which gave rise to interest 
or controversy on the  national plane".

File 12(226)/56-PM in all probability was Top Secret, as  most papers on 
Netaji's death are, and yet, the Prime Minister's Office informed  Mission 
Netaji that it was destroyed "during routine process of review/weeding  of old 
records". Government rules regarding "review/weeding of records" are very  
clear that "files/documents will not be destroyed" in case "an inquiry has been 
 initiated ... by a Commission of Inquiry".

The destruction can only take  place after the submission of the report by the 
Commission and with due approval  of the head of the department. It is still 
not known who ordered the destruction  of this file and why. However, it has 
been rumoured that the file was maintained  by former Prime Minister Jawaharlal 
Nehru and was destroyed on orders of PN  Haksar, the Secretary to Prime 
Minister Indira Gandhi.

In 1970s, the  matter was brought to the notice of High Court judge GD Khosla, 
a friend of  Pandit Nehru's, but he chose to remark in his report that "no case 
of  concealment of evidence had been made out against the Government" and that 
file  was destroyed "in the ordinary course of routine according to which old 
and  unwanted files are destroyed to lighten the burden of the record  rooms".

On the other hand, Mukherjee Commission (1999-2005) opined that  the file could 
have been of "great assistance" in resolving the matter. Unlike  Khosla, whose 
inquiry betrayed evidence of partiality and fraudulence,  Mukherjee, a former 
Supreme Court judge, almost indicted the Government for not  parting with 
details about the file's destruction.

http://justiceforsubhas.blogspot.com/



       
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