Copy of enquiry report of NHRC investigating team - FAA: as per the order of the NHRC, copy of the report could only be made available after the final order in the matter is passed – CIC: the present status to be informed to the appellant
Shri R.B. Singh Yadav, hereinafter called the appellant, has filed two appeals dated 07.10..2011 before the Commission against the respondent National Human Rights Commission (NHRC), New Delhi for not providing information in response to his RTI-applications dated 12.10.2010 and 11.2.2011. The matter came up for hearing on 31.05.2012. The appellant was present, assisted by Ms. Indranil Ghosh and Mr. Divyanshu Goyal Advocates whereas the respondent were represented by Shri Sunil Arora, Director (Law), Shri Sanjay Kumar, Under Secretary and Shri C.S. Mawri, AR (Law).
2. The appellant has through his RTI application dated 12.10.2010 sought information on the following three queries pertaining to action taken on complaint dated 1.6.2009 filed by Radhasoami Satsang Sabha, Dayalbagh, Agra:
“(1) Was a tem deputed by the Commission to enquire into the complaint of serious violation of human rights and excesses by the police on 27.5.2009 at Agra, made on 1.6.2009;
(2a) Please make available a copy of the enquiry report,
(2b) Please make available a copy of the enquiry report; and
(3) What action has been taken by the Commission on these recommendations.”
The CPIO vide his letter dated 25.10.2011 informed the appellant that he had not deposited the prescribed fee of Rs. 10 and requested the appellant to deposit the fees either in cash or by DD or IPO payable to National Human Rights Commission. The appellant remitted the RTI fee vide his letter dated 2.11.2010. The CPIO vide letter No. 16(1)/2005/4041 dated 16.11.2010 replied to the appellant as follows:
“(1)No. However, the Commission has deputed a team to enquire into the complaint dated1.6.2010 received from Shri G.P. Satsangi, Joint Secretary, Radha Soami Satsang Sabha, Dayal Bagh, Agra. The complainant states about police excesses on 27.5.2010;
(2a) The report was submitted to the Commission by the team on 30.7.2010. Its findings are under consideration of the Commission;
(2b) The report has not been finally considered by the Commission. It will be supplied after it is so considered; and
(3) The Commission has directed for sending a copy of complaint to the DIG/SSP, Agra to submit comments within six weeks. The comments are awaited”.
The appellant filed another RTI application on 11.2.2011 in which he sought information on the following three queries:
“(1) What is the reply received from Senior Superintendent of Police, Agra to the letter dated 4.11.2010 sent by the Commission in respect of the complaint dated 1.6.2010;
(2) What are the findings of the Commission in the matters complained. Please make available copy of the findings; and
(3) What decision and action have been taken by the Commission on the complaint which is now 8 months old and what is the reason for so much delay.”
The CPIO vide letter No. 16(1)/PIO/2005 (RTI)/40441 dated 16.2.2011 replied to the appellant as follows:
“(1) The copy of report of SSP Agra is being enclosed. However, the same ahs been transmitted to the complainant for comments on 7.3.201;
(2) The report of Investigation team of the Commission could be made available to the applicant only after the final order is pronounced in the case. However, the copy of proceeding dated 7.3.2011 was provided to the appellant;
(3) The Commission took cognizance in the matter on 2.6.2010 and directed DG(I) to examine the case. Thereafter on 11.6.2010 it was directed that an officer from the Investigation Division to visit and ascertain the facts locally. The report of Investigation Division was considered by the Commission on 3.11.2010 and when it directed to send a copy of the complaint to SSP Agra calling for his comments. Report of SSP Agra was considered by the Commission on 7.3.2011 when it directed to seek comments of the complainant on the report received.”
3. Aggrieved with the reply of the CPIO the appellant filed first appeal on 1.6.2011 before the FAA. The FAA vide his order No. 16(1)/PIO/2005(RTI)/4041 dated 12.7.2011 informed the appellant that as per the order of the Commission NHRC Investigation Report cannot be provided. However, the FAA directed the CPIO to forward the information received from the concerned Division to the appellant in the matter.
4. The appellant, in his second appeal filed before the Commission, requests the Commission to direct the respondent to supply a copy of the enquiry report of the investigating team within specified time limit.
5. During the hearing the respondent submit that the appellant has requested to supply him a copy of the enquiry report of the investigation in case No. 41459/24/1/2010. The FAA vide his order dated 12.7.201 made it clear that a copy of the report in question could only be made available after the final order in the matter is passed. The decision of the NHRC adopted in the meeting pertaining to Administrative Business held on 15.12.2009 held:
“that copies of reports on specific complaints submitted by the investigation team of the Commission or by Commission’s authorized representatives or received from the Government or other authorities may be supplied under the RTI only after final order is passed in the case”.
6. Having considered the submissions of the parties and perused the relevant documents on file, the Commission hereby directs the CPIO to provide a copy of the NHRC Investigation report to the appellant, if the matter has been finally concluded by the NHRC. In case the matter is still pending before the NHRC, the CPIO is directed to apprise the appellant of the present status in the matter. The CPIO is directed to comply with the directions of the Commission within two weeks of receipt of this order.
Citation: Shri R.B. Singh Yadav v. National Human Rights Commission in Case No. CIC/SS/A/2012/000406 & CIC/SS/A/2012/000364