CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2007/00820 dated 18.8.2007
Right to Information Act 2005 - Section 19
Appellant - Shri Beer Singh
Respondent - Deputy Commissioner of Police (D.C.P.) Nanakpura
Facts
:
By an application of 23.1.07 Shri Beer Singh of Vikas Enclave, Distt.
Meerut applied to the Jt. Commissioner of Police, CAW Cell Nanakpura, New
Delhi seeking the following information:
“Copies of complaints made by Smt. Roopa w/o Late Shri Santosh
Kumar r/o Gali No. 63, Sixty Foots, 3rd road, Sadarpur Border, New
Delhi, against the applicant (me).”
To this he received a response on 23.2.07 refusing the information sought
u/s 8(1) (g). Aggrieved Shri Beer Singh moved his first appeal on 17.3.07, not
submitting any further plea contesting the refusal but simply stating that his
request “could not be accepted due to Sec. 8(1)”. Upon this, through an order of
20.4.07, First Appellate Authority Shri Tejinder Luthra decided as follows:
“Smt. Roopa Rani had submitted a complaint of matrimonial discord
in CAW Cell Nanakpura, New Delhi. The complaint has been
closed temporarily on her request. Such information can be
withheld in view of the exemptions from disclosure of information
u/s 8(1) (g) of the RTI Act 2005.
In view of the discussion above, the copy of complaint cannot be
supplied to the appellant as per the restrictions imposed u/s 8(1) (g)
of the RTI Act, 2005. Hence the appeal is hereby disallowed.”
Appellant’s prayer before us in his second appeal is as below:
“It is kindly prayed that the Authority may be directed to
furnish the copy of the complaint made against, by Smt.
Roopa and the official responsible for the harassment by way
of not providing the requisite information may be penalized in
accordance with the provisions of RTI Act 2005.”
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The appeal was heard on 24.11.08. Although arrangements had been
made for hearing the appeal through videoconference at Meerut, appellant has
opted not to be present. When contacted on telephone, he stated that he was
part of a wedding procession (baarat) and did not wish to appear before us.
Respondent Shri H.P.S. Virk, DCP, CAW Cell is present.
DECISION NOTICE
This appears to be a case of marital discord now resolved resulting in
closure of the case. Given the history of gender relations in Delhi and its
peripheries of which the city of Meerut is a part, it is not unfair to assume that
disclosure of information provided by a complainant in a case of marital discord
could, after closure of such discord, even if temporary, become a reason for
endangering the life or physical safety of the person providing such information.
We would, however, observe that CPIO has erred in refusing the information
outright without giving details why such exemption is justified u/s 8(1) (g). This
defect has, however, been remedied by the order of the First Appellate Authority.
The appeal, therefore, is hereby dismissed.
Announced in the hearing. Notice of this decision be given free of cost to
the parties.
(Wajahat Habibullah)
Chief Information Commissioner
24.11.2008
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 Shreyaskar)
Joint Registrar
24.11.2008
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