List of cars with tinted glasses and films parked in SC - PIO: information not held as these cars belong to private persons - CIC: DCP (Security) to provide the requested information in larger public interest; provide information to traffic police also
18 Nov, 2013Seeking list of cars with tinted glasses and films parked in SC - PIO: information not held as these cars belong to private persons - CIC: the DCP (Security) to provide the requested information in larger public interest and provide the registration numbers of the offending vehicles to the traffic police so that appropriate action can be taken to make the vehicle owners comply as per law
Facts:
1. RTI application dated 7 January 2013 was submitted by the applicant before the CPIO, Supreme Court of India, New Delhi, to obtain information regarding the list of official cars of Supreme Court of India with registration number and designated officers using the same as official car, copy of exemption granted to Hon’ble Judges to use official car with tinted glasses, curtains, list of such cars on which penalties were imposed for using tinted glass and film and list of cars with tinted glasses and films parked in Supreme Court of India through 4 points.
2. Vide CPIO order dated 6 February 2013, point wise information was provided to the appellant. However, in respect of names of the Hon’ble Judge/Officer to whom vehicle is allocated with specific vehicle number and other related information, exemption was claimed in view of Section 8(1) (g) and (j) of the RTI Act, 2005
3. The aforesaid reply failed to satisfy the appellant and he preferred appeal dated 11 February 2013 before the FAA.
4. Matter was decided vide FAA order dated 4 March 2013, by which the FAA dismissed the appeal and upheld the order of the CPIO.
5. Not satisfied with the order of the FAA, the appellant preferred his second appeal before the Commission.
6. Matter was heard today. Both parties as above appeared in person and made submissions. In respect of point 4 of the RTI application in which appellant has sought the list of cars having tinted glasses which are parked in the premises of the Supreme Court of India, it was admitted by the CPIO that this information was not held as these cars (if any) belong to private persons. Appellant stated that the DCP (Security) of the Supreme Court was the likely holder of the information.
Decision notice
7. After hearing both the parties Commission is satisfied that information as sought by the appellant under points 1 – 3 have already been furnished to the appellant. In respect of point 4, CPIO is directed to forward the same to the Deputy Commissioner of Police (Security), Supreme Court of India. Commission directs the DCP to provide the requested information to the appellant in case the same is held by him. Commission through this order draws the attention of the DCP to the fact that the applicant has highlighted a matter which is of larger public interest as only those vehicles having special permits are permitted to park inside the parking lot of the Supreme Court of India and mostly belong to advocates or officials of the court. Therefore the DCP (Security) may, in larger public interest provide the registration numbers of the offending vehicles to the concerned authorities in the traffic police so that appropriate action can be taken to make the vehicle owners comply as per law. The RTI application (point 4) to be transferred to the DCP by the CPIO within one week of receipt of the order.
(Smt. Deepak Sandhu)
Chief Information Commissioner
Citation: Shri Harikrishan Das Nijhawan v. Supreme Court of India in Appeal: No. CIC/SM/A/2013/000507/DS