UNION OF INDIA Vs. VEENA KOHLI

JUDGEMENT

(1.) These petitions involve the interpretation of Section 1(2) of the Right to Information Act, 2005 ('RTI Act') which states that the RTI Act will extend "to the whole of India except the State of Jammu and Kashmir (J and K)". Facts in W.P. (C) No. 7604 of 2009

(2.) Writ Petition (C) No. 7604 of 2009 has been filed by the Union of India challenging the order dated 3rd February 2009 passed by the Central Information Commission ('CIC') directing the Petitioner to provide information to the Respondent Mrs. Veena Kohli in respect of a Court of Inquiry held in an Army Unit located at J and K.

(3.) The facts are that during April 2006, late Captain Sumit Kohli, the son of the Respondent was serving with the 18 Rashtriya Rifles in the State of J and K. On 30th April 2006 at about 1520 hrs, a sound of burst fire from an automatic weapon was heard from the quarters of Captain Sumit Kohli. He was found slumped on a chair with his head hanging down and one AK-47 Rifle lying alongside the chair. He was found dead. The incident was reported to the civil police who, after investigation, concluded that the death of Capt. Kohli was due to a self-inflicted injury and was, therefore, a suicide. It is stated that the matter was also investigated by a Court of Inquiry under Rule 177 of the Army Rules.