Details like location of mobile phone used by D.G Vanzara (IPS), FIR No., court no. etc of Shorabuddin encounter case was denied u/s 8(1)(h) - Respondent: chargesheet has been filed in court - CIC: transfer the RTI application to the concerned court

ORDER

1. The appellant is present and heard via video conference. The respondent was heard and represented by Shri Ramnish (Sr.Superitendent of Police, Special Crime Branch) through video conference.

2. The appellant filed an RTI application dated 28.8.2010 seeking various details like FIR No., court no. etc of Shorabuddin encounter case. The appellant has also sought call detail report, location of mobile phone of phone used by IPS officer D.G Vanzara for the period 1st July 2006 to September, 2006. The appellant sought information on few other points in relation to the said case. The CPIO replied vide letter dated 31.10.2010 wherein the CPIO provided the FIR No., criminal case no. court no. and address to the appellant. With regard to other information the CPIO stated that as investigation in being carried out by CBI as per order of the Hon’ble Supreme Court. The CPIO claimed exemption under section 8 (1) (h) in relation to other points on which information was available with the respondent.

3. The appellant filed first appeal dated 9.11.2010 which was disposed off vide order of the first appellate authority dated 30.11.2010 wherein the decision of the CPIO was upheld and it was further stated that the applicant may obtain the same from the competent court i.e Judicial First Class Magistrate, Gujrat.

4. During the hearing the appellant has insisted on information on point no. (b) of his RTI application wherein he sought the call records which was denied under section 8(1)(h). However, during the hearing, the respondent has apprised the Commission that the chargesheet has been filed in the court and records have also been submitted in the court. The appellant submits that the respondent must be having a copy of the information sought to which the respondent states that the respondent has kept a copy only for reference and that original and authenticated information is not available.

5. The Commission hereby directs that the RTI application shall be transferred to the concerned court i.e, the holder of the information, by the respondent as the concerned records have been filed in the court. The RTI application shall be transferred within five days from the receipt of this order. The appeal is disposed off accordingly.

Sushma Singh

Chief Information Commissioner

Citation: Shri Ethesham Qutubuddin Siddiqui v. Central Bureau of Investigation in Case No. CIC/SM/A/2011/000437/SS