CCTV footage recording of an arrest & parawise compliance of Supreme Court’s guidelines related to attested persons was sought - Respondent: the matter is pending in court; CCTV footage denied u/s 8(1)(g), 8(1)(h) & 11(1) - CIC: provide the information
7 Jun, 2014O R D E R
RTI application
1. The appellant, referring to an arrest incidence on 6.9.2012, filed an RTI application on 8.9.2012 with the PIO seeking CD/DVD or CCTV footage recording of the above event and also sought parawise compliance of Supreme Court’s guidelines related to attested persons. In all, information was sought on two points. The PIO, while denying information on point 1 under section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; & (h) and section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: of the RTI Act, informed the appellant on 10.9.2012 that the guidelines issued by the Court are being complied with.
2. Not satisfied with the reply from the PIO, the appellant filed an appeal on 20.9.2012 with the first appellate authority (FAA). The FAA forwarded the comments of the APIO/RPF, Mumbai CSTM on 3.10.2012. The appellant approached the Commission on 14.11.2012 in second appeal.
Hearing
3. The appellant and the respondent both participated in the hearing through video conferencing.
4. The appellant referred to his RTI application of 8.9.2012 and stated that he wanted information/documents on two points
(i) CCTV footage recording of the arrest event of 6.9.2012 mentioned in his RTI application; and
(ii) parawise compliance of Supreme Court guidelines relating to arrest the persons.
In this connection, the appellant referred to specific guidelines required to be followed while making arrests as laid down by the Apex Court.
5. The respondent stated that the CPIO responded to the RTI application on 10.9.2012 denying the disclosure of CCTV footage recording under section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; and (h) as well as under section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: of the RTI Act. The respondent stated that since the matter is pending in the court as of now, it cannot be provided. He further added that the data of more than a specific period gets automatically deleted in the CCTV footage and hence it may not be available now.
Decision
6. The respondent is directed to provide to the appellant the information, as available, on the points made in his RTI application within 30 days of this order. The appeal is disposed of. Copy of the decision be given free of cost to both the parties.
(Vijai Sharma)
Information Commission
Citation: Shri Samir Zaveri v. Central Railway in Decision No. CIC/AD/A/2012/003799/VS/06799