Can a RPF officer arrest and interrogate an offender?
6 Oct, 2012Background
The appellant filed an application under the Right to Information (RTI) Act with the Ministry of Railways seeking information related to registering, investigation of drugging cases including the number of cases of drugging that have been reported during a particular period; number registered and investigated by RPF and GRP separately; whether any order/ directives issued by seniors can override the provisions of IPC, Railways Act or police manual; copy of the section/ article of that rule, regulation, manual and Act by which an RPF officer is legally responsible for arresting an escaped/ absconded offender, and interrogating and registering cases of drugging and conducting investigation. The Public Information Officer (PIO) provided point wise reply to the appellant.
Proceeding
During the hearing before the Central Information Commission (CIC), the respondent informed that RPF was not empowered to arrest anyone and that they are only responsible for protecting Railway property. This answered the query regarding the Act/ rule by which RPF can arrest a drug offender and interrogate him and whether there is legal protection available to the RPF if in the course of such arrest and injury (or loss of life) is suffered by the offender. The respondent added that the DG/RPF could not override the provisions of IPC/Police manual. The appellant wanted to know the rule which clarifies whether an RPF officer who cannot arrest drugging offender, can be placed under suspension or be charge sheeted. The respondent clarified that such information does not comply with the definition of information as given in section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act.
View of CIC
The Central Information Commission (CIC) observed that the information regarding the cases registered and investigated by RPF is voluminous and spreads across a number of files; the appellant may visit the office and inspect the records for this information. With regard to the information pertaining to GRP, the Commission advised the appellant to file fresh RTI applications with the concerned State Governments. Regarding the rules and the powers of DG/ RPF the Commission directed the PIO to formally intimate the appellant in writing, what he had submitted during the hearing. Regarding the rule which clarifies that a RPF officer who cannot arrest an offender can be placed under suspension or be charge sheeted, the Commission held that the appellant is seeking information in respect of a hypothetical situation that he has created and that such information does not comply with the definition of ‘information’ as given in section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act.
Citation: Mr. Vinod Kumar v. Ministry of Railways in File No: CIC/AD/A/2012/001880
RTI Citation : RTIFI/2012/CIC/702
Click here to view original RTI order of Court / Information Commission