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“Right to Information Act has overriding effect on Official Secrets Act”, SC on secrecy of Rafale documents

March 14, 2019:

On Thursday, the Supreme Court didn’t appear to be convinced with Attorney General KK Venugopal’s argument for dropping the ‘secret’ documents relied upon by lawyer Prashant Bhushan from record.

Rafale Deal
Rafale Deal

Venugopal cited the Official Secrets Act to disallow the Defence Ministry documents, whose photocopies were presented by Bhushan to back petition seeking review of the Supreme Court judgment on Rafale deal last year.

After Venugopal completed his argument, Justice KM Joseph told him that the Right to Information Act has overriding effect on the Official Secrets Act.

He pointed out that “public interest outweighs” in cases of corruption and human rights violation.

The Govt is bound to furnish documents in such cases, the Supreme Court judge said.

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