The Central Information Commission has observed in an order, that the disclosure of files provided by India's second army chief General Sir Roy Bucher to Nehru Memorial Museum and Library (NMML) about Jammu and Kashmir related to the period of 1947-49, which may throw light on Accession, is in "national interest."

General Sir Francis Robert Roy Butcher served as second chief of the Indian Army between January 1, 1948 to January 15, 1949.

Information Commissioner Uday Mahurkar has asked the NMML's Central Public Information Officer "to take up the matter with higher officials" and "secure the necessary permission" before sharing the information with RTI activist Venkatesh Nayak. 

The CIC, which is the highest adjudicating authority on RTI matters, has not specified if the information can be disclosed if there is an objection from "higher officials".

"Keeping in view the facts of the case and the submissions made by both the parties, the Commission observes that the objective of the Appellant (is) in National interest. Therefore, the Commission directs the CPIO to take up the matter with higher officials of the Respondent Authority and cite this order of the Commission and secure the necessary permission from them before sharing the information with the Appellant," Mahurkar said in the order.

Nayak while researching accession of Jammu and Kashmir had stumbled upon an interview of Bucher to noted biographer BR Nanda, couple of decades after his retirement in 1949.

"He (Nayak) said the operation of the instruments of accession was handled by the then 2nd Army Chief and there are some documents connected with him which have not been disclosed to the public so far but which throw light on the truth of accession," Mahurkar noted in his order.

In the interview Bucher had made multiple references to files and papers related to Jammu and Kashmir affairs for the period 1947-49 compiled by him and given to the NMML, Nayak said.

"In view of the said policy of the Government of India, vis-a-vis declassification and archiving of records relating to India's war histories, this Appellant believes that the information sought...squarely falls within its ambit and purpose," he said.

In his order, Information Commissioner Mahurkar noted that NMML CPIO submitted that they do not have any official intimation from the government to disclose this information despite the policy decision of the Central government.

"The Respondent (NMML) further averred before the Commission that PIO has rightly pointed out that until and unless the government gives instruction to NMML to make the said information public they cannot do so. The Appellant however stuck to his position that the information should be revealed under the RTI Act in larger national interest which overrides everything else," Mahurkar said.

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