Lawfully yours: By Retired Justice K Chandru | Withholding expert committee reports sends wrong message; public has right to know

Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at _citizen.dtnext@dt.co.in
Retired Justice K Chandru 
Retired Justice K Chandru 
Updated on
Q

A committee headed by Thiruppugazh IAS was formed by the previous Tamil Nadu government aimed at preventing flooding in Chennai. This committee submitted its report in March 2023. Now, after 41 months, the committee report is yet to be published. The general public wishes to study the report to know its findings and recommendations. The purpose of the panel is to protect Chennai from floods. Why have the previous government and the present 100-day-old government not published this report? Earlier, you had also requested the publication of this report. In the Tamil Nadu Assembly, Sowmiya Anbumani MLA demanded its publication. Do legal provisions permit withholding the Thiruppugazh Committee report, and what could be the valid reasons for the delay?

A

This newspaper had earlier carried a write-up, even while the previous government was in power, urging the release of the Thiruppugazh Committee report on flood management in Chennai. But nothing has happened. Why are governments hesitant to make expert committee reports public? They are not meant to gather dust in the Secretariat or to be sent to government archives for future research. Such indifference sends a wrong message, as experts in future will be reluctant to head such panels, feeling it is a waste of time. On the contrary, if reports are made public (unless state secrets are involved), it triggers a healthy discussion, and the government benefits from a wider perspective. We have a right to know the contents of matters involving direct public interest. Otherwise, courts may one day ask the government to file status reports on flood control actions taken based on the report.

Q

Changing probe agency requires loss of faith, political interference or powerful accused

A

I seek your personal view on an issue concerning the Ankit Tiwari case. More than two years after the alleged bribery case came to light, the Supreme Court is still considering whether to transfer the investigation to a central agency. Given the wider scrutiny the Enforcement Directorate (ED) has faced over its raids and allegations of political selectivity in some actions, what could be holding up a clear decision in this matter? Are there constitutional or legal complications involved in transferring the probe to another agency, particularly when the objective is to ensure an independent, fair and transparent investigation?

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