UK tribunal to determine fate of documents, diaries from India-Pakistan partition era

The First-Tier Tribunal (Information Rights) appeal, presided over by Judge Sophie Buckley, is scheduled for hearings until Friday to determine the fate of some redacted sections of the diaries and correspondence dating back to the 1930s. It covers an important period in British-Indian history, including when Mountbatten was in charge of the India-Pakistan partition and includes personal diaries and letters from both Lord Louis and his wife, Lady Edwina Mountbatten. Lord Mountbatten's personal diaries and letters, the last Viceroy of India, are at the centre of the ongoing appeal hearing in London this week to determine whether they can be fully released for open public access.

The UK Cabinet Office contends that most of the material in those papers is already public and that withholding any of it would jeopardise the UK's relations with other states (referring to India and Pakistan), PTI reported. The University of Southampton purchased the archival material, known as the Broadlands Archive, from the Mountbatten family in 2011, with public funds totalling more than GBP (British Pound Sterling) 2.8 million, with the intention of making the papers widely available. The university, on the other hand, directed part of the mail to the Cabinet Office.

"The Mountbatten collection is important historically but there are also important issues at state – not least abuse of state power and the censoring of our history," said Andrew Lownie, the historian and author of 'The Mountbattens: The Lives and Loves of Dickie and Edwina Mountbatten,' who has been fighting for the complete release of the papers for four years, according to PTI.

The Information Commissioner's Office (ICO) ruled in Lownie's favour in 2019 and ordered the release of the entire Broadlands Archive, which includes letters from Lady Mountbatten to Jawaharlal Nehru, the first Prime Minister of newly independent India (33 files, 1948-60), along with copies of his letters to her. In response, the University of Southampton stated at the time that the correspondence between Lady Mountbatten and Nehru remained private property and is confidential, but the University has a future interest in it. The ICO's decision has since been appealed, and it is now being heard in the First-Tier Tribunal this week.

Documents' information might jeopardise UK's relations with other countries

Despite their age, the University's documents contain information that, if revealed, might jeopardise the United Kingdom's relations with other countries, a witness stated, according to PTI. The Foreign Commonwealth and Development Office (FCDO) witness statement outlines the potential harm and offers details for the Tribunal to consider in its balance of the public interest.

The diaries of Mountbatten, who was a great-grandson of Queen Victoria, a cousin of Queen Elizabeth II, an uncle to the late Duke of Edinburgh, and a great-uncle to Prince Charles, also contain personal correspondence within the royal family, which has been cited as another reason for some redactions. The Foreign Commonwealth and Development Office (FCDO) witness statement outlines the potential harm and gives details for the Tribunal to examine in its balance of the public interest "The witness statement goes on to say more. Meanwhile, the hearing continues with oral witness testimonies and cross-examinations, with a decision expected at a later date.

(With inputs from PTI)

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