CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/001963/15417
Appeal No. CIC/SG/A/2011/001963
Relevant Facts
emerging from the Appeal
Appellant : Mr. Ali Saquafi
Model Village
Markaz Nagar
Kanyapuram
P.O. Wimberlygunj
South Andaman-744206
Respondent : Public Information Officer
UT of Andaman & Nicobar
O/o Assistant Secretary
Andaman and Nicobar Island
Wakf Board Musafir Khana Building
First Floor MB-1
Rajendra Prasad Road
Port Blair-744101
RTI application filed on : 14/03/2011
PIO replied : 29/03/2011
First appeal filed on : 21/03/2011
First Appellate Authority order : Not ordered
Second Appeal received on : 07/06/2011
Date of Notice of Hearing : 00/00/2011
Hearing Held on : 00/00/2011
The Appellant had sought information in the matter of Kabeeriya Masjid, Markaz Nagar/
Wakf Board letter No. ANI/WB/IW32/2011/49 dated 09/03/2011:
S. Information Sought Reply of the Public Information No Officer (PIO)
1. The copy of statutory order/ direction of the No order restricting the entry (if
competent Authority or any other order Muslim devotees to the Kabeeriya
direction that has been issued to Prevent Masjid has been issued, however in
entry of Muslim Devotees inside Kabeeriya view of the prevailing tension
Masjid. between two groups, a police picket
near the mosque has been deployed
Page 1 of 4
to maintain peace in the area.
2. The copy of Record/Document showing the N/A in view of (1) above
competency of the Authority that made the
order or direction as in item No.1 above and
details of the competent authority.
3. The relevant statutory’ provisions of any N/A in view of (1) above
statutory Law’ relied on under which the
matter of Kabeeriya Masjidl including the
matter of preventing entry is being dealt with
by the A & N Police.
4. Other relevant statutory provisions relied on N/A in view of (1) above
in tile form of
Circulars/Notices/Endorsement/Orders/Office
Memorandums/GID/GSR etc.
competent Authority of the Government of
under which tile subject matter of Kabeeriya
Masjid including the matter of preventing
entry is being acted upon/ considered/dealt
with by the A & N Police.
5. Copy of letter No: SP (D)/SA/2011/1114, dt. A copy of letter No. SP
8-3-11 along with enclosures that originated (D)/SA/2011/1114 dated 08/03/11 is
from tile superintendent of Police. South available.
Andaman address to the A & N Islands Wakf
Board.
6. The details of EK & AP groups describing its Not available
expansion. legality of EK & AP group’s
existence etc.
7. Any other relevant statutory’ provisions Not available
‘relied oil’ that has been derived direct from
any other Apt of parliament or rules.
Regulations/ Bye Laws made under various
Articles ‘of the constitution of India under
which the subject liter of Kabeeriya Maslid
including the matter of preventing entry is
being acted upon/considered/dealt with by
the A & N Police.
8. The details of competency/Authority/ Not available
statutory powers conferred on the Andaman
& Nicobar Police based on which the:-
Andaman & Nicobar Islands Wakf Board its
Chairperson are involved by the A & N
Police to interfere/act in the matter of
Kabeeriya Masjid.
9. The copy of entire file in the subject matter Not available
of Kabeeriya Masjid that is being dealt by’
the Public Authority under whom you are the
Page 2 of 4
PIO which would show the documentation.
(The definition of file as contained in the
‘MANUAL OF OFFICE PROCEDURE’ of
the DoPT and as relied by the Hon’ble CIC in
its decisions. As will be seen, Section 27 of
chapter II:
Definitions: File means a collection of papers
on a specific subject matter assigned a file
number and constituting of one or more of
the following parts, (a) Correspondence. (b)
Notes (c) Appendix to correspondence (d)
Appendix to notes).
10. The ‘action on receipt’ (Copy of the entire As a preventive measure in view of
file) over my complaint dated 09/03/2011 the incident on 06/03/11 Sh. P.K.
addressed to the supdt. of police, S/A on the Hussain along with 8 others were
captioned subject- ”registration of complaint arrested U/s l07/I16(3)/l51 CrPC and
at P.S. l3amboo Flat” Action on receipt is the produced before the Court of
movement of file concerning the matter SDM(SA) on 07/03/11 vide Challan
showing the minutes recorded on the case by No.09/2011.
the officers dealing the matter at various level
including the details of file movement clay
wise with decision taken if any).
11. The ‘action on receipt’ (Copy of the entire The copy of letter No.
tile) over Wakf Board letter No.ANI/WB/lW- ANI/WB/IW32/2011/49, dated
32/201 1/49. dt. 09-3-2011 a copy of which is 09/03/11 along with the Challan
addressed 10 the Supdt. Of Police. No.09/2011 is available.
S/Andaman on the captioned subject-
“Dispute between two parties/groups for
control of Kabeeriyya Masjid Markaz Nagar-
reg’.
Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
Not ordered.
Grounds for the Second Appeal:
Unsatisfactory information provided by the PIO and no order by the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent at NIC Studio in Port Blair
Respondent: Mr. Asif Ali, CEO and PIO at NIC Studio in Port Blair
Page 3 of 4
The PIO sates that the same matter has been decided in the Commission’s decision no.
CIC/SG/A/2011/001962/15344 on 27/10/2011.
Decision:
The Appeal is disposed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
01 November 2011
(In any correspondence on this decision, mention the complete decision number.) (IN)
Page 4 of 4