Central Information Commission
CIC/AD/C/09/00171
Dated April 17, 2009
Name of the Applicant : Mr.Ashok Kumar Jain
Name of the Public Authority : BSNL, Kolkatta
Background
1. The Applicant filed an RTI application dt.23.12.08 with the CPIO, BSNL,
Kolkatta. He requested for the following information:
i) Name and address of BSNL Kolkata Mobile subscriber 9432133567
ii) List of incoming calls on 9432133567 from 1.4.08 to 20.4.08 giving
date wise list of telephone/mobile numbers from where the incoming calls
were made.
iii) List of outgoing calls made from 9432133567 from 1.4.08 to 20.4.08
giving date wise list of telephone / mobile numbers to which the outgoing
calls were made.
The CPIO replied on 20.1.09 stating that a letter has been issued to the actual
owner of Mobile No.9432133567 to make a submission in writing regarding
whether the information should be disclosed or not and on receipt of the
written consent, information will be supplied. Not satisfied with the reply, the
Applicant filed a complaint dt.4.2.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for April 17, 2009.
3. Mr.U.C. Mittal and Mr.Pranav K Jha, Advocates represented the Public
Authority.
4. The Applicant was represented by Mr.Padamjit singh during the hearing.
Decision
5. The Complainant submitted that he received a threat call from a mobile No.
9432133567 operating under BSNL Kolkatta. He stated that he had lodged
an FIR with the Police in Maithon who requested BSNL, Dhanbad to provide
the identity of the particular mobile subscriber to be able to investigate the
matter further. The BSNL, Dhanbad requested BSNL, Kolkatta to provide the
identity of the subscriber. However, no information was received from BSNL
Kolkatta. The Complainant further added that a letter was also written to
Chief Minister of West Bengal dt.12.12.08 informing him about the threat to
his life and to that of his family and requesting him (the Chief Minister) to
direct BSNL Kolkatta to provide the information. A copy of this letter was also
endorsed to BSNL, Kolkatta. On 16.12.08, the All India Power Engineers
Federation also wrote to the Chief Minister, West Bengal requesting the Chief
Minister to provide security to the Comlainant and to direct the Kolkatta Police
to follow up on the case as the details of the culprit would be available from
the O/o the CGM, BSNL, Kolkatta. The Chairperson of the Federation also
enclosed a copy of the FIR lodged by the Appellant at the Police Station in
Maithon for the Chief Minister’s perusal. According to the Complainant he
also wrote to the Chief Information Commissioner on 29.1.09 informing him
about the threat to his life and requesting him to provide the information
under the RTI Act. The Complainant admitted that he had committed a
procedural mistake by not mentioning that information is being sought
because of threat to his life, in his RTI request. The Respondent’ s
contention was that since the Complainant did not indicate the reason for
seeking the information, BSNL was correct in denying the information u/s
8(1)(j) of the RTI Act. He added that the issue regarding the threat to the
life of the Complainant has come to light only during the present hearing. In
response to this the Complainant argued that BSNL Kolkatta was aware of his
problem since letters written to the Chief Minister, West Bengal were
endorsed to BSNL Kolkatta a few days after filing the RTI application and that
it was expected that the CPIO would take note of the urgency reflected in
those letters. He further added that the request made by the Police, Maithon
to BSNL, Dhanbad and also that made by BSNL, Dhanbad to BSNL, Kolkatta
clearly point to the fact that the information was received by BSNL Kolkatta
and that BSNL acted in a callous manner even after knowing the details of the
case. He argued that the BSNL representative was not speaking the truth
when he said that no information was received by BSNL Kolkatta about the
threat to the Appellant’s life and that he is hearing about the reason for
seeking the information for the first time.
6. The Commission is of the opinion that in the absence of all the details of the
case, the BSNL Kolkatta acted correctly by refusing to provide information to
the Complainant. However, keeping the peculiar circumstances of this case in
view, the Commission overlooks the procedural errors committed by the
Complainant . The Commission is also convinced that the ensuring physical
safety of the Complainant and of his family far outweighs any invasion of
privacy of the individual holding the mobile No. 9432133567 and keeping in
view the interest of the Complainant directs the CPIO to provide all the
information sought by the Complainant in his RTI request by April 30, 2009.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Mr.Ashok Kumar Jain
President
DVC Engineers Association &
Dy.CE (E), SM
DVC Towers, VIP Road
Kolkata 700 054
2. The APIO &
District Officer (Consumer Affairs)
Bharat Sanchar Nigam Limited
Calcutta Telephones
Telephone Bhavan, Gr.Floor
34, BBD Bag (S)
Kolkata 700 001
3. Officer in charge, NIC
4. Press E Group, CIC