Information about trespassing in Jama Masjid was denied u/s 8(1)(h) on ground that the appellant was an accused in the case - Respondent: it was not clear from the RTI application what information is being sought - CIC: inspection of file ordered
21 Jun, 2014O R D E R
Facts:
1. The appellant filed an RTI application on 24-4-2012 seeking information about trespassing in Jama Masjid, Delhi area where the appellant is an accused.
2. The CPIO responded on 13-6-2012, denying the information to the appellant 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; of the RTI Act on ground that the appellant was an accused in the case. The appellant filed a second appeal with the Commission on 6-8-2012.
Hearing:
3. The respondent was present during the hearing.
4. The respondent stated that they are in touch with the appellant and had asked to know from him what is the exact information that he requires. The respondent stated that this is an old matter with the police and it was not clear from the RTI application what information is being sought. The respondent stated that this matter had come up earlier before the Commission.
5. The respondent further said that this matter pertains to a property dispute between the appellant and his relative. There was an untoward incident for which there was some tension between the appellant and the person with whom there was a dispute. A case was registered against the appellant and some other persons. The respondent stated that they are ready to provide whatever information is required by the appellant, including the photocopies of the relevant documents.
6. The appellant did not participate in the hearing.
Decision:
7. The respondent is directed to enable inspection of the relevant file by the appellant and provide photocopies of the documents pertinent to the RTI application within 30 days of this order. Appeal is disposed of. Copy of this order be given free of cost to the parties.
(Vijai Sharma)
Information Commissioner
Citation: Prof. S.C. Pandey v. Dy. Commissioner of Police Central Distt. Police in Decision No.CIC/SS/A/2012/003954/VS/06839