Recently our judicial inquiry commission that was formed after 21 August's grenade attack on the opposition party has submitted their report. The gravity of terror and shock of 21st august "s attack is needless to say. The whole nation was waiting eagerly to know who is behind this heinous attack from the report of inquiry commission. But breaking the aspiration of the nation, the committee has refused to disclose the report. They have mentioned that this responsibility is on the government to take the decision of disclosing the report.

In our constitution Article 39 states that (1) Freedom of thought and conscience is guaranteed.(2) Subject to any reasonable restrictions imposed by law in the interests of the security of the state friendly relations with foreign states .public order ,decency or morality ,or in relation to contempt of court ,defamation or incitement to an offence the right of every citizen to freedom of speech and expression and freedom of the press are guaranteed.

According to this section this freedom consists of the right to express freely one's opinion on any matter orally or by writing, printing or any other mode. In Hamdard dawakhanna vs India (AIR 1960 sc554), it was decided that this freedom of expression includes not only ones' ideas through any visible or audible representations made to others but also the right to acquire and import from others ideas, thoughts and information about matters of common interest.

The Universal Declaration of Human Rights has very comprehensive definition on freedom of expression in article 19 that states, everyone has the right to freedom of opinion and expression, this right includes freedom to hold opinions without interference and to seek, receive information through any media and regardless of frontiers. Though article 39 of our constitution does not expressly provide freedom of information, but it can be assumed that the right of expression itself contains the right to access of information.

Now lets' see a case of U.S.A . In 1971 the publication of the 'pentagon papers by Newyork Times brought the conflicting claims of free speech and national security. The pentagon paper, a voluminous secret history and analysis of the country's involvement in Vietnam was leaked to press. When the Times ignored the government demand that it ceases publication, the stage was set for Supreme Court 's decision. In the landmark decision in U.S.A Vs Newyork Times case the court ruled that government couldn't through prior block publication of any material unless it could prove that "security result in direct immediate and irreparable " harm to the nation. The government failed to prove and the public was given access to vital information about an issue of enormous importance.

Yes, we have restrictions on our right to know the report of inquiry commission, we have 'Official Secrecy Act ", Evidence Act and Rules of business Act etc. But these restrictions exist for national security, for the better interest of our country. But if this report is not disclosed before public the nation will become sharply divisible on this issue. Our two main political parties will be

continuing to throw blames on each other's and within this course of blaming and confusion that has created already, our democracy will be more fragile. It will lose all its charm, glory and continuance and definitely we ourselves will put the weapon on the hands of our enemy to destroy us. What will be then the output of these restrictions?

The report of the inquiry commission of 9\11 has been disclosed and has been made available for the people though it contains criticism of its own government's organizations. Japan is on the way to enact laws that will provide easy access of the people to government 's file. Toady all prudent countries' government has opened their doors for free flow of information for the people. Because no restriction is greater then people's wish, and people's wish is they want to know what is going on with them.

We the people of Bangladesh have the right under article 39 to know the report of judicial inquiry commission. The attack on 21st august is a attack to our democratic structure. We have the right to know who wants to destabilize our democracy, who don't want that we place ourselves as a respected nation before the world .It is our request to our elected government let us know who are against us.

Sharin shajahan naomi

2nd Year, Law Department, Dhaka University.