Central Information Commission Judgements

Mr.Rakesh Dhawan vs Ministry Of Home Affairs on 31 May, 2011

Central Information Commission
Mr.Rakesh Dhawan vs Ministry Of Home Affairs on 31 May, 2011
                          Central Information Commission
               Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                       Bhikaji Cama Place, New Delhi­110066
                      Web: www.cic.gov.in Tel No: 26167931

                                                            Case No. CIC/SS/A/2011/000511

Name of Complainant                    :       Shri Rakesh Dhawan

Name of Respondent                     :       Delhi Police Central District

Date of Hearing                        :       24.05.2011

                                           ORDER

Shri Rakesh Dhawan, the appellant has filed this appeal dated 14.2.2011 before
the Commission against Delhi Police, Central District, New Delhi for not providing
information to his RTI-request dated 20.8.2010, which came up for hearing on 24.05.2011.
The appellant was present in person, whereas the respondents were represented by Shri
M.S. Bisht, ACP, Shri Joginder Singh, ASI and Shri Radha Krishnan, ASI.

2. The appellant filed RTI-request dated 20.8.2010, seeking certified copy of Legal
Opinion dated 6.10.2009 by Chief Public Prosecutor, Central District which was sent by
Inspector Mr. Vijay (Vig. Branch) PS Jama Masjid, forwarded by ACP (PC Cell) on
25.9.2009. The PIO vide letter No. 2010/1512/RCI Cell/Central District dated 20.7.2010
has denied information u/s 8(1) (g & j) of the RTI Act.

3. Aggrieved by the decision of PIO, the appellant filed first-appeal 20.10.2010 before
the FAA. The FAA vide order No. 4631/Appeal/RTI Central District dated 19.11.2010 has
upheld the decision of PIO with the observation that the information given in confidence for
law enforcement authority and personal information, which does not seem to have any
public interest.

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Case No. CIC/SS/A/2011/000511

4. After hearing the parties and on perusal of the relevant documents on file, the
Commission is of the considered view that legal opinion provided is not at all personal
information of the concerned Law Officer. The Commission, therefore, deems it fit to direct
the PIO to provide a copy of the legal opinion withholding however, the name of the
concerned Law Officer, by applying the severability clause u/s 10 of the RTI Act within
two week of the receipt of this order.

The appeal is disposed of accordingly with the above directions.

(Sushma Singh)
Information Commissioner
31.05.2011
Authenticated true copy:

(K.K. Sharma)
OSD & Assistant Registrar

Address of the parties:

Shri Rakesh Dhawan,
118A-AG 1, Vikaspuri,
New Delhi.

The Addl. Deputy Commissioner of Police & PIO,
Delhi Police, Central District,
Daryaganj,
New Delhi.

The Appellate Authority,
Delhi Police, Central District,
Daryaganj,
New Delhi.