Respondent: FIR was lodged against the appellant in a case for misbehaving with a police personnel; complete set of judicial file including the details of phone calls sought has been provided as per court direction - CIC: no further action required
15 May, 2014Information regarding about CDR and call details of some particular mobile numbers was denied u/s 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; 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; 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; - Respondent: FIR was lodged against the appellant in a case for misbehaving with a police personnel & his wife; now the investigation had been completed and charge sheet had been filed before the court - Respondent: a complete set of judicial file which included various documents including the details of phone calls sought by the appellant in his RTI application has been provided as per court direction - CIC: no further action required
ORDER
Facts
1. The appellant filed an application dated 14.05.2013 under the RTI Act seeking information regarding about CDR and call details of some particular mobile numbers. CPIO vide reply dated 10.06.2013 denied the information 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; 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; 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 the RTI Act. Appellant filed first appeal with the first appellate authority (FAA) on 12.06.2013. FAA vide order dated 04.07.2013 upheld the decision of the CPIO. Appellant filed this present appeal on 17.07.2013.
Hearing
2. Respondent was present before the Commission.
3. Respondent referred to the RTI application of the appellant and stated that the appellant was seeking information regarding about CDR and call details of some particular mobile numbers.
4. Respondent stated that the appellant was an accused in a case for misbehaving with a police personnel and his wife. Respondent stated that an FIR was lodged against the appellant under various sections of the IPC in respect of an incident that happened on 14.02.2013.
5. Respondent stated that at the time of replying to the RTI application the CPIO denied the information 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; 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; 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 the RTI Act as the investigation of the case was pending.
6. Respondent stated that now the investigation had been completed and charge sheet had been filed before the court. Respondent stated that a complete set of judicial file which included various documents including the details of phone calls sought by the appellant in his RTI application has been provided as per court direction to the appellant.
7. Respondent stated that a letter sent by the appellant had been received by the respondent stating that the appellant had received all desired information sought by him in the RTI application.
8. Appellant did not participate in the hearing.
9. Respondent has acted in conformity with the RTI Act.
Decision
10. No further action is required to be taken in the matter at the level of the Commission. The appeal is disposed of. Copy of decision be given free of cost to the parties.
(Vijai Sharma)
Information Commissioner
Citation: Shri Utkarsh Tuteja v. Delhi Police in Decision No.CIC/SS/A/2013/001829/VS/06665