Machhu Dam Disaster – Right to Information II

Background:

The Machhu Dam Disaster of 1979 remains one of the most tragic events in Gujarat’s history. When the dam on the Machhu River at Morbi (Saurashtra) collapsed, it caused devastating floods that claimed hundreds of lives—men, women, and children—and destroyed property worth over ₹1080 crore.

In response to the widespread public outrage, the Government of Gujarat appointed a Judicial Inquiry Commission, headed by Hon’ble Justice B. K. Mehta, a sitting Judge of the Gujarat High Court, to investigate the causes of the disaster and recommend preventive measures.

The Dispute Over Access to Information:

Once the Inquiry Commission was constituted, the Government of Gujarat submitted all relevant documents and records to it, including a crucial report prepared by the Collector of Rajkot.

The Collector’s Report detailed:

• The extent and nature of the damage
• Whether early warnings were issued that could have reduced loss of life, and
• Recommendations for relief, rehabilitation, and preventive measures.

However, during the proceedings, the Advocate General of Gujarat objected to the Commission’s reliance on the Collector’s Report. He contended that the report was covered under “official secrecy” and should not be referred to or taken judicial notice of by the Commission.

CERC’s Intervention:

CERC, appearing before the Judicial Inquiry Commission in the public interest, took a firm stand that the truth behind a public tragedy cannot be shielded by official secrecy.

CERC filed a petition before the Hon’ble Gujarat High Court, seeking directions that the Collector’s Report must be considered and relied upon by the Inquiry Commission in its final findings, as it was the most relevant document to the terms of reference of the inquiry.

Judgment of the Gujarat High Court:

The Hon’ble High Court upheld the principle of transparency and public accountability by rejecting the Government’s claim of official secrecy.

The Court directed that the Collector’s Report shall be referred to and relied upon by the Inquiry Commission, affirming that information of public importance—especially relating to loss of life and governance failure—must be accessible and open to scrutiny.

Significance of the Judgment:

This case marked a milestone in the evolution of the Right to Information in India, long before the enactment of the Right to Information Act, 2005. It established that public authorities cannot withhold critical information affecting public safety under the guise of confidentiality or executive privilege.

CERC’s legal intervention reinforced the doctrine that citizens have a right to know about actions and failures of public authorities, particularly when such failures result in loss of life and large-scale destruction.