Copies of statements given to the police by Rihana and the appellant himself to police were denied u/s 8(1)(h) stating that the matter was subjudice - CIC: now the matter has been disposed of - CIC: provide copies of statements as sought by appellant
25 Nov, 2013Action taken report on his various complaints against Ms. Rihana and others for alleged fight with his family members - copies of statements given to the police by Rihana and the appellant himself to police were denied u/s 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; stating that the matter was subjudice before the concerned Court – CIC: now the matter has been disposed of by the Special Executive Magistrate – CIC: provide copies of statements of Ms. Rahina along with his statement given before the Police
ORDER
Shri Mohd. Naeem Qureshi hereinafter called the appellant has filed the present appeal dated 11.1.2013 before the Commission against the respondent Delhi Police, Central District for not providing satisfactory information in response to his RTI application dated 14.7.2012. The appellant was present whereas respondent were represented by Shri Aswanish Dwivedi, ACP.
2. The appellant through the RTI application dated 14.7.2012 sought action taken report on his various complaints dated 29.5.2012, 21.5.2012, 17.5.2012 and 14.2.2012 against Ms. Rihana and others for alleged fight with his family members and threat given by them to the appellant’s family. The CPIO vide letter No. 2012/1991/11840/Central District dated 11.8.2012 provided information on Point No. 1 to 6 of his RTI application and denied copies of statements given to the police by Rihana and the appellant himself under the provisions of Section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; stating that the matter was subjudice before the concerned Court.
3. Aggrieved with the reply of the CPIO the appellant filed first appeal on 6.9.2012 before the FAA. The FAA vide his order No. 1478/Appeal/RTI/Central District dated 12.10.2012 held that though the CPIO had provided appropriate information on all the points of the RTI application, remitted the appeal back to the CPIO with the direction to provide a fresh reply on Point No. 1 and to provide copies of statements as asked at Point No. 7 of the RTI application, if permissible under the RTI Act.
4. In compliance with the directions of the FAA, the CPIO vide letter No. 15727/Central District dated 6.11.2012 informed the appellant on Point No. 1 of the RTI application that on the complaints and PCR Calls, the Police of PS Chandani Mahal enquired into the matter and after the enquiry Kalandara was prepared u/s 107/150 Cr. P.C. and the matter was subjudice before the concerned Court. The CPIO provided a copy of the Kalandara to the appellant. On Point No. 7 pertaining to the statement of the appellant and Rahina was denied u/s 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act stating that the said Kalandara was under consideration before the concerned Court.
5. During the hearing the respondent CPIO states that now the matter has been disposed of by the Special Executive Magistrate, Central District vide order dated 15.1.2013 and dropped the proceedings with the observation that Section 107 is not attracted. As far as the breach of peace is concerned, no untoward incident took place as well as no fresh complaint has been received during the course of proceedings. The CPIO states that now they are willing to provide statements of Ms. Rahina and the appellant (himself), as the proceedings have been dropped by the Court. The appellant also insisted that he may also be provided information at Point No. 3 of his RTI application pertaining to the action taken by the Police on his various complaints.
6. Having considered the submissions of the parties, the Commission hereby directs the CPIO to provide copies of statements of Ms. Rahina along with his statement given before the Police, as sought for at Point No. 7 of his RTI application, along with information as per record on Point No. 3 of the RTI application to the appellant free of cost within two weeks of receipt of this order. The matter is disposed of on the part of the Commission with above directions.
(Sushma Singh)
Information Commissioner
Citation: Shri Mohd Naeem Qureshi v. Delhi Police in Case No: CIC/SS/A/2013/000497