Indian CIC Rejects Request by Death Row Inmate

10 July 2013

The Indian Central Information Commission has held that the Constitution prohibits releasing to a death row convict the reasons for denial of his mercy request.

A.G. Perarivalan, a death row convict in the 1991 Rajiv Gandhi assassination case, requested the advice tendered by the Council of Ministers to the president, according to an article in The Hindu and another in India Today.

The CIC ruled that the advice was protected from disclosure under the Right to Information Act by Article 74(2) of the Constitution.

Perarivalan argued that Article 74 prohibits only courts from enquiring into the Council’s advice to the president, but should not prevent the affected person from knowing the reasons

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