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Information on the Under Trial Prisoners like those who have spent more than 50% of their punishment period - Part data provided, some refused while the rest was not maintained - CIC: PIO can only provide information which is readily available in records

16 Jan, 2025

Information sought:

The Appellant filed an RTI application dated 15.05.2022 seeking the following information:

“You are hereby requested to kindly furnish the following information on the Under Trial Prisoners whose possible conviction period is 10 years or less than 10 years, 7 years or less than 7 years, 3 years or less than 3 years, 1 year or less than 1 year, and 6 months in the following category under mentioned. True Certified Copies of the information to be provided by the requisite authority along with the relevant documents for the information sought as under;

1. Kindly provide the data on the total Under Trial Prisoners till now who have spent more than 50% of their punishment period. This data should be; District -wise, jail-wise categorically;

• central jail

• district jail

• open jail

• special jails

• women jail

• borstal schools and others, religion-wise (Hindu/Muslim/Sikh and others)

•caste-wise (SC, ST, OBC, General), offense-wise,

•sex-wise (Male, Female, Transgender)

•age-wise categorically;

• between 7-16 years,

• between 16-18 years,

• between 18-21 years,

• between 21-30 years,

• between 30-50 years,

• between 50-60 years,

•60 years and above.

2. Kindly provide the data on the total Under-Trial Prisoners till now who are still in jail because of non-payment of fine but have spent more than 50% of their punishment period. The data shall comprise of district- wise data, jail- wise, religion-wise data, caste-wise, offense-wise, sex-wise data and age- wise (same as above).

3. Kindly provide the data on the total Under-Trial Prisoners till now who are still in jail due to non-furnishing of bail bond/security bond but have spent more than 50% of their punishment period. The data shall comprise of district-wise data, jail-wise, religion-wise data, caste-wise, offense-wise, sex-wise data and age-wise (same as above).

4. Kindly provide the data on how many Under-Trial Prisoners till now whose chargesheet haven't been filed yet from the time of arrest till now. The data shall comprise of district-wise data, caste -wise data, jail-wise, religion -wise data, sex-wise data, offense-wise and age-wise data (same as above).

5. Kindly furnish the data on how many Under-Trial Prisoners till now who are 50 years and above female and 60 years and above male. The data shall comprise of district-wise data, caste - wise data, offense-wise, religion -wise data, sex-wise data and age-wise data (same as above).

6. Kindly furnish/provide the data/details on how many foreign Prisoners till now who are under-trial but have spent more than 50% of their punishment period but still are in prison/captivity. The data shall comprise of district- wise data, caste wise data, offense-wise, religion - wise data, sex-wise data and age-wise data(same as above).

7. Kindly furnish the data on what is maximum capacity of jails/prisons in India and number of prisoners kept in these jails out of the total capacity till date. The data shall comprise of district-wise data, jail-wise (same as above).

8. Kindly furnish/provide the data/details on how many Under-Trial Prisoners till now who are 70% handicapped. The data shall comprise of district-wise data, caste wise data, offense-wise, religion -wise data, sexwise data and age- wise data(same as above).

9. I state that I am a citizen of India and I am eligible to seek information under the Right to Information Act, 2005.

10. Mode of delivery expected (online through internet or email only)”

The PIO vide letter dated 24.06.2022 furnished a reply to the Appellant. Dissatisfied with the reply of the CPIO, the Appellant approached the FAA. The FAA vide order dated 27.07.2022, furnished a reply to the Appellant, as under:-

Hence the information provided till now is sufficient, and no more information may be provided in accordance with section 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. of the RTI Act 2005. The appellant may obtain published data from NCRB. Accordingly, the present appeals are disposed off.

Thereafter, the Appellant filed a Second Appeal before the Commission.

Relevant Facts emerged during Hearing on 07.06.2023:

The following were present:

Appellant: The appellant was not present despite the notice.

Respondent: The respondent Shri Sunil Kumar, DA (RTI) and Rakesh Kumar Mishra, HW, Tihar Jail, Jail No. 13 attended the hearing in The hearing in person.

The Commission has passed the following observations and directions on 30.06.2023:

“The Commission acknowledges that the hearing notice issued by the Commission was not timely delivered to the appellant. Consequently, the Commission has decided to reschedule the matter for further proceedings on the 10th of July, 2023, at 11:40 AM.”

Relevant Facts emerged during Hearing on 24.10.2024:

The following were present:-

Appellant: Present in person along with Adv. Mohd. Arafat Ahmad.

Respondent: Shri Amresh Kumar Goyal, Dy. Supdt. & APIO and Shri Sunil Kumar, DA present in person.

The Appellant, during the hearing, reiterated the contents of his RTI application and instant appeal and submitted that he is not satisfied with the response given by the Respondent on his RTI application. He further submitted that no information has been provided to him by the Respondent on point No. 1 of the RTI application.

Written submissions of the Respondent are taken on record.

The Respondent, during the hearing, reiterated the replies given by the CPIO and the same is reproduced hereinbelow:

“Point No. (1), (2), (3), (4) & (6). The required information not maintained in this format.

Point No. (5). 09 male prisoners as on 21.06.2022 & only male prisoner lodged in this jail. Other information cannot be provide due to bar under section 8 (1) (g) of RTI Act 2005.

Point No. (7). The maximum capacity of prisoners is 980 and 1549 prisoners lodged in this jail as on 21.06.2022.

Point No. (8). As per available records there is no prisoner 70% handicapped in CJ- 13.”

“1 Nil 2. This matter does not pertain to undertrial prisoner as fine can be imposed on convict only.

3. Nil

4. Information pertains to 1/O or S.H.O of concerned police station.

5. Total male above 60 years on Central Jail No. 4 are-47 Hindu-33, Muslim-5, Christian-3, Sikh-6, Other information can't be provided in view of RTI act 2005 sec 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; .

6. Nil

7. Capacity of Central Jan No. 4 i5-740 Total No. of prisoners in central Jail No. 4 as on dated 07.06/2022-3090

8. Total No. of prisoners who are more than 70% handicapped- NIL”

Upon being queried by the Commission, the Respondent produced a list of prisoners showing the data related to total Under Trial Prisoners who have spent more than 50% of their punishment period and the total number of such prisoners is “18” as on 15.10.2024. The said list cannot be made public as it contains personal information of third parties and it may also endanger the life and physical safety of the prisoners, therefore the said list is exempted from disclosure under Section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; and (j) of the RTI Act.

Upon being further queried by the Commission, the Respondent has informed that such a list is sent periodically to District & Session Judge and DLSA.

Decision:

The Commission upon a perusal of records observes that the main premise of instant appeal was non-furnishing of complete information by the CPIO. The Commission observes that factual position in the matter has already been informed to the Appellant as per his RTI application vide letters dated 10.06.2023 and 24.06.2023. Further, during the hearing, the Respondent has apprised the updated position to the Appellant on point No. 1 of the RTI application.

It is an admitted fact that the PIO is only a communicator of information based on the records held in the office and hence, he is not expected to create information as per the desire of the Appellant. The PIO can only provide information which is readily available in their records. Further, information related to third party cannot be disclosed under the RTI Act for the safety and security of prisoners.

In this regard, the Commission finds no infirmity in the reply and the same was found to be in consonance with the provisions of RTI Act. No intervention of the Commission is required in the matte

The appeal is disposed of accordingly.

Vinod Kumar Tiwari

Information Commissioner

Citation: Devendra Kumar Gupta v. O/o the Director General of Prisons, Prison Headquarters, Tihar, File No: CIC/CJTHR/A/2022/656750; Date of Interim Decision: 01.11.2024

Information on the Under Trial Prisoners like those who have spent more than 50% of their punishment period - Part data provided, some refused while the rest was not maintained - CIC: PIO can only provide information which is readily available in records

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