Are the call details obtained during investigation liable to be disclosed under RTI?
The appellant filed an application under the Right to Information (RTI) Act with the Delhi Police seeking to know whether call details of the appellant and staff of Kaveri Infrastructure Pvt. Ltd. were taken from the service provider of telephone, the law under which these records were obtained from the service provider and a copy of letter of request given to the service provider. The Public Information Officer (PIO) transferred the RTI application to the South District Delhi who in turn transferred it to Crime Branch. The PIO, crime branch, informed the appellant that a FIR has been registered by SIT/ Crime Branch and was investigated by them. After investigation, the cancellation report has been submitted by SIT/Crime Branch.
During the hearing before the Central Information Commission (CIC), the appellant submitted that he has not asked for any record. He wanted to know whether call details were taken from the service provider of telephone and if so under which law the records were obtained from the service provider and a copy of letter of request. The representative of SIT Crime Branch stated that investigation into the case has been conducted by the SIT Crime Branch and in case any call details have been taken from the service provider during investigation they have no objection to provide the information requested to the appellant.
View of CIC
The Central Information Commission (CIC) observed that the information sought by the appellant could not be denied under any of the provisions of RTI Act. The Commission directed the PIO to provide requisite information to the appellant.
Citation: Mr. Vijay Kataria v. Delhi Police in Case No. CIC/SS/A/2012/001960
RTI Citation : RTIFI/2012/CIC/854
Click here to view original RTI order of Court / Information Commission