CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2008/00070 dated 30-1-2008
Right to Information Act 2005 - Section 19
Appellant: Shri Siddiq Khan Kayamkhani,
Respondent: Deputy Commissioner Police, (DCP) Northern Range
Decision announced: 12.8.2009
FACTS
By an application of 1-6-07 Shri Siddiq Khan of Nagaur, (Rajasthan)
applied to DCP, Vigilance Delhi seeking the following information:
“Please provide copies of railway warrant tickets of three
accused that were taken from Nagaur to Delhi as
mentioned in column 3”.
Upon not receiving a response Shri Siddiq Khan moved another
application on 12-7-07 as follows:
“On the complaint of Ms. Zahida Bano, wife of Wajid Khan the
case was registered under CR No. 453/21-12-02 Section 498A,
406 IPC in PS Sadar, Delhi against three persons:
1. Sadiq Khan son of Mohidin Khan;
2. Wajid Khan, s/o Sadiq Khan and
3. Sajid Khan, son of Sadiq Khan
all residents of Mundwa Road, behind Petrol Pump, who were
arrested between 4.30 and 5.00 p.m. on 26-3-2003 were taken
in police Custody and were brought from Nagaur to Delhi on 26-
3-03. Their railway warrant tickets dated 26-3-03 and proposed
enquiry against Sadiq Khan, Wajid Khan and Sajid Khan was
done on 8-3-2003 and 3-11-2004 have been deposited with the
Police. The information be provided regarding this”.
The letter of 12-7-07 was treated as an appeal raising new points upon
which appellate authority Shri P.R. Meena, Jt. Commissioner of Police,
Northern Range, Delhi in his order of 10-8-07 has nevertheless ordered as
follows:
“All the relevant records have been examined. The appellant
has contended that PIO/North Distt has not provided him
relevant information/documents. The appellant has raised
certain new points in his appeal and the same is remitted back
to PIO/North with the directions to provide point-wise1
information/documents to the appellant, in seriatim, permissible
under RTI Act 2005. The appeal is accordingly disposed of.”
Shri Siddiq Khan has then moved his second appeal before us with the
following prayer:
“In this way the concerned officer has issued letter No.
3845, dated 10-8-2007 without seeing the appeal, without
calling for the record and without inspecting the report and
without seeing the concerned papers has passed the order.
This information is reg. letter of respondent (document
No.11) and I was informed about it on 20-8-2007. The
concerned officer has received the concerned document on
16-8-2004 and appellant was informed on 20-8-2007 with
postal stamp dt. 20-8-07.This shows that concerned officer
has erred in giving justice to appellant, and the decision
given by concerned officer requires dismissal.
The above mentioned document No. 1 to 12 after its
inspection it is clear that appellant has not been provided
information on document No. 9 and 10 even after paying the
necessary fees, that is why the order of concerned officer
requires dismissal.”
Because the link with Nagaur failed, the appeal was heard through
audio-conferencing on 12-8-2009. The following are present.
Appellant at NIC Studio in Nagaur:
Shri Siddiq Khan Kayamkhani
Respondents:
Shri P.S. Kushwah, Addl. DCP/North
Shri Darshan Lal, SI/RTI Cell/North
Addl. DCP Shri P.S. Kushwah submitted that this matter was related to
a case before the High Court of Delhi in Crl. M.A. No. 8950/2008 Wajid Khan
& Ors Vs. Stat, Govt of NCT of Delhi & Anr under which by an order of 28th
August, 2008 Hon’ble Anil Kumar J has directed as follows:
“In the totality of facts and circumstances, FIR No. 453/2002
dated 21-12-2002 under Sections 498A/406/34 of Indian Penal
Code registered at PS Sadar Bazar and all the proceedings
emanating there from against the petitioners are quashed”.
This decision was arrived at on the basis of Ld. Counsel for the parties
having agreed that all disputes have been settled. Consequently, the
complaint of 2003 and supporting record including the railway warrant are no
longer held by the Police department and have probably been destroyed in
2
accordance with the rules. However, PIO Shri P.S. Kushwah was unable to
produce any documentary evidence of the railway warrant having been
destroyed.
In response appellant Shri Kayamkhani submitted that grave injustice
has been done to him and both he and his sons have been placed under
arrest illegally.
DECISION NOTICE
The basic point at issue is providing copies of the railway warrant
tickets. As submitted by Addl. DCP (North) and PIO information on this
subject is no longer held by the DCP (North). This fact in itself could have
been used in the case u/s 498A referred to in his second application to the
advantage of Shri Siddiq Khan Kayamkhani being the subject of Crl. M.A.
No. 8950/2008 before Delhi High Court. The orders of 10.8.’07 of JCP
Northern Range are relevant in this regard. However in this case proceedings
already stand quashed. There then remains no further scope for intervention
by this Commission. The appeal is, therefore, dismissed.
Announced in the hearing. Notice of this decision be given free of cost
to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
12-8-2009
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
12-8-2009
3