Questioning the externment order passed by Delhi Police using RTI
The appellant filed two applications under the Right to Information (RTI) Act with the Delhi Police seeking to know the power under which his son has been served an externment order by the Additional Deputy Commissioner of Police under section 47 and 50 of the D.P. Act 1978. The respondent stated that a copy of the order has been provided to the appellant along with all relevant documents and the reasons for the order have also been clearly stated in the order of Additional Commissioner of Police. The two cases against appellant’s son have only been referred in order to prove his antecedents/ criminal activities. Subsequently Additional Deputy Commissioner of Police West District has passed externment order against appellant’s son.
During the hearing before the Central Information Commission (CIC), the appellant contented as to how the Additional Deputy Commissioner of Police West District has passed the bound down order when his son has been involved in cases within the jurisdiction of Haryana Police and moreover he has also been acquitted in these two cases. The respondent stated that copies of the D.P. Act 1978 as well as copies of the orders of the competent authority are already with the appellant wherein reasons for bound down order have been stated and that they are not obliged under the RTI Act to interpret the rules or to provide reasons other than what has been recorded in the aforementioned orders.
View of CIC
The Central Information Commission (CIC) observed that if the appellant is aggrieved with the orders passed by the respondent he may take up the matter with the competent authority. The Commission rejected the appeal stating that the requisite information as per record and permissible under the RTI Act has been provided to the appellant.
Citation: Mr. Mahender Singh v. Delhi Police in Case No. CIC/SS/A/2012/001497 & CIC/SS/A/2012/001498
RTI Citation : RTIFI/2012/CIC/766
Click here to view original RTI order of Court / Information Commission