Central Information Commission
Room No. 305 BWing, August Kranti Bhawan,
Bhikaji Kama Place, New Delhi - 110066
Tel No: 26167931
Case No. CIC/SS/A/2011/000138
Name of the Appellant : Sh. B. Prem Kumar
(The Appellant was heard through video
conferencing)
Name of the Public Authority : Ministry of Law & Justice
Represented by Shri Nirmal Singh,
CPIO, Shri Jagdish Kumar, S.O., Shri
S.C. Kushik.
The matter was heard on : 21.10.2011
ORDER
Sh. B. Prem Kumar, the Appellant through his RTI application dated
10.8.2010 requested for information on 17 points regarding the Domestic Violence
Act, 2005. The RTI application addressed to PIO, National Commission for
Women (NCW), New Delhi was transferred by the FAA, NCW to the Deptt. of
Legal Affairs on the grounds that NCW is not the appropriate authority to interpret
the provisions of Domestic Violence Act, 2005 or to give clarifications regarding
procedures under the Act. The CPIO, Deptt. of Legal Affairs, vide his order dated
25.10.2010 held that the information sought by the Appellant is in the nature of
queries and amounts to seeking legal opinion and hence, it does not fall within the
ambit of the definition of ‘information’ as given u/s 2 (f) of the RTI Act, 2005. The
FAA, Ministry of Law & Justice, vide order dated 22.12.2010 has concurred with
the stand taken by the CPIO that the subject mater of the RTI request does not fall
under the provisions of section 2(f) of the RTI Act. He accordingly dismissed the
appeal as not being legally tenable.
After hearing the parties and on perusal of relevant documents on file, the
Commission is of the view that the queries raised by the Appellant in his RTI
application are indeed in the nature of seeking clarifications and opinions.
Therefore, the Commission finds no reason to disagree with the stand taken by the
Respondent. The appeal stands dismissed.
Sd/
(Sushma Singh)
Information Commissioner
28.10.2011
Authenticated true copy
(K. K. Sharma)
OSD & Dy. Registrar
Copy to:
1. Shri B. Premkumar,
43(12), Maheshwari Nagar,
3rd Street, Thaneer pandal Road,
Peelamedu, Coimbatore – 641004.
2. The C.P.I.O.
National Commission for Women,
4, Deen Dayal Upadhayay Marg,
New Delhi – 110002.
3. The First Appellate Authority,
National Commission for Women,
4, Deen Dayal Upadhayay Marg,
New Delhi – 110002.