News
Tear gas purchases: RTIC orders police to release details
View(s):By Namini Wijedasa
The Right to Information Commission (RTIC) has issued an interim order instructing the Police Department to release withheld information related to teargas purchases between January 1 and May 24 this year.
The Police Department had refused a request filed in May by the Centre for Society and Religion (CSR) under the Right to Information (RTI) Act asking to know how much teargas was imported to Sri Lanka within the specified period and how many times, how much each consignment had cost, approvals related to these purchases and copies of technical committee evaluations and tender documents for each purchase.
The CSR had wanted the information to be released within 48 hours under Section 25(3) of the Act which holds that when “it concerns the life and personal liberty of the citizen, the response to it shall be made within forty-eight hours of the receipt of the request”.
The Police Department cited Section 5(h)(ii) of the RTI Act to reject the request, the grounds of which are that it would “expose the identity of a confidential source of information in relation to law enforcement or national security…”
However, the RTIC gave an interim order on July 18, 2022, stating that, on the facts in issue in the appeal, there was no applicability of the exemption–namely 5(h)(ii)–pleaded by the Police Department. Moreover, the Department was unable at the appeal hearing to justify its reliance on the said exemption.
The RTIC instructed the Department to release all information relating to the quantity of tear gas brought to Sri Lanka within the relevant period, the specific periods thereto and the expenditure of funds in relation to the same, immediately upon receipt of its interim order. This was complied with a day later with the police notifying the CSR that no teargas was imported or purchased within the cited period. Therefore, there was no expenditure on teargas and no relevant documentation related to that timeframe.
Further hearing of the appeal is on July 28, 2022, when the police have been directed to present information relating to the tender and procurement process for the perusal of the Commission.
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