Copy of section 160 CrPC notice issued by Delhi Police sought claiming contravention of law - Respondent: notice is third party information as it was issued to victim's family - Appellant alleged inducement to change statement - CIC: provide information

Information pertaining to a certain FIR - a copy of the section 160 CrPC notice issued by the Delhi Police sought claiming that the action taken by the police contravened the law - under the law women, disabled people and old people cannot be summoned to the police station - Respondent: a case has been registered under section 176 IPC consequent to which the victim recorded her statement against the NGO; the notice was issued by the Delhi Police to the victim’s family and that the appellant is not connected with the matter, hence this is third party information - Appellant: larger public interest involved as there is a serious allegation that the respondent was involved in giving money to the mother of the victim for getting to change her statement - CIC: provide information

ORDER

RTI application:

1. The appellant filed an RTI application on 25.07.2013 seeking information pertaining to a certain FIR.

2. The CPIO responded on 01.08.2013 and provided pointwise information to the appellant. The appellant filed a second appeal on 30.08.2013 with the Commission.

Hearing:

3. The appellant and the respondent both participated in the hearing personally.

4. The appellant referred to his RTI application of 25.07.2013 and stated that she has raised a number of points in the context of the issuance of the notice by the Delhi Police under section 160 CrPC. The appellant stated that the focus during the hearing is on a single point, i.e., a copy of the section 160 CrPC notice issued by the Delhi Police to the women in question. The appellant said that she wants a copy of this notice because the action taken by the police contravened the law. The appellant also stated that the Delhi Police is avoiding to give the appellant that information by citing some exemption from disclosure clauses of the RTI Act in a mechanical way and without application of mind. The appellant stated that it is clear from the sequence that the respondent has acted in violation of the law by issuing the notice and summoning the women to the police station.

5. The appellant explained that under the law women, disabled people and old people cannot be summoned to the police station. The appellant stated that she is asking for nothing more than a copy of section 160 CrPC notice and there is no reason why the Delhi Police denied that information.

6. The respondent stated that the fact of the matter is that a case has been registered under section 176 IPC consequent to which the victim recorded her statement. The respondent stated that the victim had made statement against the NGO in question, and that the role of the NGO in question also came under investigation. The respondent stated that the notice is not connected with the appellant because this notice was issued by the Delhi Police to the victim's family and that the appellant is not connected with the matter, hence this is third party information.

7. The appellant stated that this notice may have been given by the respondent to the victim's family and that this is not denied by the appellant. The appellant stated that whatever be the case but this is a matter which is of larger public interest as there is a serious allegation of conspiracy involving an allegation that the respondent was involved in giving money to the mother of the victim for getting to change her statement. The appellant stated that this is also a fact that the victim turned hostile.

8. What emerged from the hearing was this that there is no convincing reason to deny the information to the appellant.

Decision:

9. The respondent is directed to provide to the appellant, within 30 days of this order, the information sought in the RTI application pertaining to the notice under Cr.PC. The appeal is disposed of. Copy of decision be given free of cost to the parties.

(Vijai Sharma)

Information Commissioner

Citation: Ms. Pallabi Ghosh v. Delhi Police in Decision No.CIC/SS/C/2013/000383/VS/05871