Information regarding an accused who died in the custody was denied u/s 8(1)(h) - hearing the complaint, the CIC closed the complaint observing that it dehors the ambit of section 18 of RTI Act, apart from non-pressed due to absence of the complainant
1. Vide RTI application dated 02/08/2013, Complainant has sought information in respect of an accused Munna Singh who died in the custody at Jamuyee Police Station, District Jamuyee in Bihar. The complainant further wanted to know the progress of his letter dt. 4.7.2013 addressed to National Human Rights Commission. In this context, he also wanted information as mentioned in para 1 to 5. (Para 7 wrongly mentioned) of his RTI Application referred to above.
2. PIO vide letter dated 3/09/2013 has informed the complainant that information sought is exempted under 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; of RTI Act, 2005.
3. Ground of the complaint filed on 23/09/2013 is mentioned in para 4 of the complaint.
4. The complainant is absent despite of our due notice. Mr. Bhattacharya, deemed CPIO made submissions on behalf of the respondents. As per Mr. Bhattacharya, the alleged custody death of the accused had occurred on 1-7-2013 at Jamuyee police station, District Jamuyee, in Bihar and Inquiry was started on 4th July, 2013. When Mr. Bhattacharya was further asked to mention the latest stage of the said Inquiry, he expressed his inability to mention the exact progress of the said Inquiry.
It would be seen here that despite of our due notice to the complainant, he failed to appear either in person or through someone, duly authorized, to present his case before the Commission. I heard the submissions made by deemed CPIO of the department at length and also perused the contents of the complaint dt. 23-9-2013, RTI application Dt. 2-8-2013 and also perused other material made available to us. I am of considered view that the instant complaint dehors the ambit of S.18 of RTI Act, 2005, apart from non-pressed due to absence of the complainant. As such, the Commission feels that no useful purpose would be served to proceed further with the instant complaint. The complaint is hereby closed accordingly.
Citation: Mr. Rohit Kumar v. National Human Right Commission in File No. CIC/SS/C/2013/000475