Skip to main content

Govt of India rejects RTI plea on 26/11 terror attack report placed in M'rashtra assembly

By A Representative
Is the Government of India becoming increasingly unenthusiastic towards the Right to Information (RTI) Act? It would seem so, if a recent RTI reply to a plea filed by Ventatesh Nayak of the Commonwealth Human Rights Initiative (CHRI), Delhi, is any guide.
As the anniversary of the gruesome attack terror attack approaches (November 26), Nayak had sought two reports from the Ministry of Home Affairs (MHA) – one an inquiry held by a government-appointed committee and the other action taken (called ATB report) by the government on the committee's findings.
The MHA rejected the request stating that the information was "classified" and therefore covered by Section 8(1)(a) of the RTI Act. Ironically, says Nayak, both the reports were declared as “classified” even though these had been tabled in the Maharashtra state legislature a year after they were prepared in 2009.
The first report, by the High Level Enquiry Committee (HLEC) headed by former Governor of Arunachal Pradesh RD Pradhan, and V Balachandran, former special secretary, Cabinet Secretariat, a former Mumbai-cadre of the Indian Police Service, as member, was meant to find out if there any lapses in intelligence inputs provided by the Central intelligence agencies, or in promptly acting or reacting to the terror attack. It also gave a slew of recommendations for future attacks.
The terror attack, which took place in 2012, saw the death of 164 persons, including police personnel and NSG commandos. It began on the night of 26/11 and ended on 28/11. Ajmal Kasab, the only perpetrator who was captured alive, was executed in November 2012, at the end of a multi-stage judicial process. A plethora of facts and evidence emerged during this process showing their linkages with Pakistan.
Refused access to the two reports, Nayak filed a fresh RTI with the secretariat of the Maharashtra Legislative Assembly seeking the copies of both the reports. And in less than a month it sent both the reports – HLEC's report and the ATB report – to him. As the ATB report is in Marathi, he has placed, through an email alert, an unofficial translation in English for public perusal.
Providing recommendations, most of which were accepted by the Maharashtra government, the ATB report suggests glaring security lapses during the terror attack. It talks of inadequacy of the “existing machinery/mechanism” to assess “the overall situation” as it existed ahead of the terror attack. Thus, intelligence reports were found to have been “mechanically forwarded” to operational units by the DGP’s office, or ATS or Home department, without “adequate procedure in place for processing” them.
The report especially says, “We have come to understand that the Police Commissioner has not even informed the counter-terrorism squad to report any such incident”, pointing out, it was also found that “the time limits and detailed procedures as well as the level of authority is not included in the SOP.”
It further says, “Responsibility of the State Marine Police is not clear. The Committee feels that it would be impossible for the Maharashtra police including Mumbai police to undertake the responsibility of coastal security within their jurisdiction”, finding the “present arrangements … cosmetic.”
Criticizing the management of Taj and Oberoi hotels, which became target of the terror attack, the the report says, it “did not take seriously the security measures and advice provided by the Police Deputy Commissioner, Circle- 1, and did not implement the necessary arrangements.” It added, “Considering this warning, the committee has taken note of the fact that Taj or other hotels did not request additional police security for their hotels.”
Other lapses include lack of a quick response team to to counter a 26/11-like terror attack, lack of “best equipment” with the police’s Quick Response Team (QRT) regime, lack of a proper “working process” for handling bomb blasts, neglect of carefully established standard operation procedures (SOPs) in the time of such disaster by senior police officials, shortage of ammunition, especially stock of AK 47 bullets, and so on.

Comments

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

What's behind Donald Trump's 'narco-state' accusation against Venezuela

By Manolo De Los Santos  The US government has revived its campaign to label Venezuela a "narco-state", accusing its top leadership of drug trafficking and slapping hefty bounties on their heads for capture. This campaign, which only momentarily took a backseat, is a strategic fabrication, not a factual assessment. This accusation, particularly amplified under the Trump Administration, is a calculated smokescreen to justify a long-standing agenda: the overthrow of the Venezuelan government and the seizure of its vast oil and mineral resources. A closer examination of the facts reveals a country that has actively fought drug trafficking on its own terms and a US government with a clear and consistent history of destabilizing independent countries in Latin America.

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857  By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

Ground reality: Israel would a remain Jewish state, attempt to overthrow it will be futile

By NS Venkataraman*  Now that truce has been arrived at between Israel and Hamas for a period of four days and with release of a few hostages from both sides, there is hope that truce would be further extended and the intensity of war would become significantly less. This likely “truce period” gives an opportunity for the sworn supporters and bitter opponents of Hamas as well as Israel and the observers around the world to introspect on the happenings and whether this war could have been avoided. There is prolonged debate for the last several decades as to whom the present region that has been provided to Jews after the World War II belong. View of some people is that Jews have been occupants earlier and therefore, the region should belong to Jews only. However, Christians and those belonging to Islam have also lived in this regions for long period. While Christians make no claim, the dispute is between Jews and those who claim themselves to be Palestinians. In any case...

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”