CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2007/001287 dated 16-10-2007
Right to Information Act 2005 - Section 19
Appellant: Ms. Kanak Pandey
Respondent: Deputy Commissioner Police (DCP) Central
FACTS
By an application of 21-5-5007 Ms. Kanak Pandey of Dariba Kalan
Delhi applied to the DCP, Model Town, Delhi seeking the following information:
“I made two calls at No.100 from my mobile No. 9818191823 on
6-5-07 at 10.30 and 10.30 a.m.
It is prayed that I may be provided the recording of my talk as
recorded on the form under the RTI Act.”
To this she received a response on 31-5-2007 refusing the information
as being exempt from disclosure under section 8 (1) (h). Accordingly she
moved her first appeal on 6.6.2007 in response to which in his order of
18.6.2007 Dr. Aditya Arya, JCP (Operations) Delhi found as follows: –
“I am to inform you that as per the report of DCP/ Central District
the information sought by you cannot be provided under section
8 (1) (h) of Right to Information act- 2005, till the case FIR No.
163/07 dated u/s 341/34, IPC, P. S. Jama Masjid is put in court.”
In her prayer before us in 2nd appeal Ms Panday has pleaded that
orders of PIO and appellate authority be set aside, and that the application of
21.5.’07 allowed, imposing a penalty of Rs 25,000 on the respondent. In
response to our hearing notice Shri P. S. Bhushan, DCP, PCR, Delhi has
submitted as follows: –
“The response to our reference DCP/ Central District again vide
his memo No. 1152/ RTI Cell/ Central dated 11.7.07 intimated
that the said case is under checking with Prosecution Branch Tis
Hazari Courts and copy of PCR form may not be provided to the
applicant till the case is put in court.”
The appeal was heard on 16-3-2009. The following are present.
Respondents
Ms. Shanti Devi, ACP/ PCR.
1
Shri Satya Parkash, SI/ PCR.
Shri Narender Kumar, ASI/ PCR.
Appellant Ms. Kanak Pandey appeared for the hearing, after the
hearing was closed.
ACP Ms. Shanti Devi submitted that in response to our earlier orders
they have placed the record of PCR calls in the public domain and are ready
to disclose this information subject to clearance by the concerned DCP. In
this case, however, Shri Satya Prakash, SI brought our attention to the fact
that the case is at present under prosecution.
DECISION NOTICE
This is clearly one of those cases where the decision of Ravinder Bhat
J. in WP No. 3114/2007- Bhagat Singh vs. Chief Information
Commissioner and Ors. will have direct bearing. We also find that the JCP
has taken recourse to exemption from disclosure simply on the basis of a
report of the DCP without any application of mind on his own thus abdicating
his own responsibility as an appellate authority.
For these reasons Dr Aditya Arya’s order of 18.6.’07 is set aside and
this appeal is remanded to Dr. Aditya Arya, JCP, (Operations), Delhi who will
re-examine the matter in light of the decision of High Court of Delhi in WP No.
3114/ 2007- Bhagat Singh vs. Chief Information Commissioner and Ors,
taking into account the issue of this case being under prosecution. Appellate
Authority Dr. Aditya Arya, JCP, (Operations) Delhi is directed to dispose of
the appeal within 15 working days from the date of receipt of this
decision, under intimation to Shri PK Shreyaskar, Jt Registrar, Central
Information Commission. If not satisfied with the information so provided,
nd
appellant Ms. Kanak Pandey will be free to move a fresh 2 appeal before us
as per Sec 19 (3). This Appeal is therefore allowed. There will be no costs
2
Announced in the hearing. Notice of this decision be given free of cost
to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
16-3-2009
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO
of this Commission.
(Pankaj K.P. Shreyaskar)
Joint Registrar
16-3-2009
3