Information about encounters in Uttar Pradesh was sought from PIO, MHA - CIC: The custodian of the information was the UP State Government; Since the subject matter falls outside the purview of the Central list, case forwarded to the UP State Information
Information sought and background of the case:
Appellant filed RTI application dated 01.06.2018 seeking information on 3 points mentioned hereunder:
1. Provide the number of Encounters and number of people who had died in such Encounters from 2012 to 2017 in Uttar Pradesh.
2. Provide the number of Encounters and number of people who had died in such Encounters from April 2017 to May 2018 in Uttar Pradesh.
3. Provide the following details of the persons that were killed in Encounters from 2012 to May 2018.
a. Name of the person killed
e. Date of Encounter
f. Name of the officer carrying out the Encounters and his caste
g. Details of the provisions of IPC under which charges were leveled against the deceased
Having not received any reply from the PIO, the Appellant filed a First Appeal dated Nil which was not adjudicated. Therefore the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in the course of hearing:
A communication letter dated 06.02.2020 has been received from the Appellant Shri Gejnder Singh Yadav wherein while inter alia stating that none of the departments had acknowledged their jurisdiction to provide the information, it was prayed to determine the correct jurisdictional authority and to direct them to provide the information at the earliest.
A communication letter dated 23.01.2020 has been received from the PIO/ Dy Secy (A), M/o Home Affairs The Appellant stated that despite several transfers of his RTI application, the information was not provided by the Respondent. While admitting that the information pertained to the State Government of Uttar Pradesh, the Appellant prayed for a direction to facilitate the adjudication by the concerned State Information Commission. The Respondent stated that the information was not held and available with them and being a state subject was likely to be available with the State Government of Uttar Pradesh.
The above mentioned case has been filed in this Commission by Shri Gajender Singh Yadav . Perusal of the documents on record reveals that the applicant has sought information from PIO, Ministry of Home Affairs, Government of India. However, as per the submission of the Respondent, the custodian of the information was the UP State Government. Since the subject matter falls outside the purview of the Central list and pertains to the State of Uttar Pradesh, the Registrar of this Commission is directed that the aforesaid case be forwarded to the UP State Information Commission, Lucknow for disposal, under intimation to the Complainant/Appellant. The Appellant is also directed to approach the Uttar Pradesh State Information Commission for any further action in the matter.
Y. K. Sinha
Citation: Shri Gajender Singh Yadav v. PIO/M/o Home Affairs in Second Appeal No. CIC/MHOME/A/2019/105249, Date of Decision : 14.02.2020