Number of government vehicles used by ACP & DCP, Crime Branch for a particular period & their log book were denied u/s 8(1)(h) - CIC: information relating to the movement of officers of Crime Br. may be used to trace the source of information, witness etc

Decision Dated - 27.01.2016

ORDER

1. Shri Amit Tomar filed an application dated 21.01.2014 under the Right to Information Act, 2005 (RTI Act) with the Central Public Information Officer (CPIO)/DCP (Crime), Kamla Market, New Delhi seeking

(i) certified copies of Log Book of government vehicle used by Shri Satish Yadav, ACP/Central Range, Crime Branch, Delhi from 01.11.2013 to 10.12.2013,

(ii) number of government vehicles used by Shri Satish Yadav ACP/Central Range, Crime Branch, Delhi from 01.11.2013 to 10.12.2013 and provide log book of all such vehicles,

(iii) certified copy of route map with time of movement of WT set (GPS) issued to Shri Satish Yadav, ACP/Central Range, Crime Branch, Delhi from 06.11.2013 (10 AM) to 07.11.2013 (10 PM),

(iv) certified copy of route map with time of movement of WT set (GPS) issued to Shri Bhisham Singh, DCP/Crime, South, Crime Branch, Delhi from 18.11.2013 (8 AM to 18.11.2013 (8 PM) and

(v) certified copies of Log Book of Government vehicle used by Shri Bhisham Singh, DCP/Crime, South, Crime Branch, Delhi from 18.11.2013 (10 AM) to 18.11.2013 (10 PM).

2. The appellant filed second appeal before the Commission on 25.05.2014 on the ground that the CPIO wrongly 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; 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 and that the FAA upheld the reply of the CPIO. The appellant requested the Commission to provide the information sought by him.

Hearing:

3. The appellant Shri Amit Tomar and the respondent Shri R.K. Vajpayee, ACP, Delhi Police were present in person.

4. The appellant submitted that the information sought by him was wrongly denied by the respondent 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; 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. The appellant further submitted that Shri Satish Yadav was not the IO in the case relating to him at the time he sought the information vide his RTI application. The appellant further submitted that as the information sought by him relates to the year 2013, it would not impede the investigation.

5. The respondent submitted that the information relating to the movement of officers of Crime Branch may be used to trace/reach the source of information, witnesses etc. In view of this, the disclosure of the information may impede the process of ongoing investigation in FIR No. 186/2013. Hence, the information sought by the appellant has been denied 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; 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.

Decision:

6. The Commission notes that the investigation in the matter relating to FIR No. 186/2013 PS Crime branch is still pending. The respondent has submitted that the movement of officers of Crime Branch may be used to trace/reach the source of information, witnesses etc. Therefore, disclosure of information, at this stage, would be detrimental as it would hamper the investigation. The Commission is, therefore, of the view that disclosure of information has been rightly denied by the respondent 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; 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.

7. With the above direction, the appeal is disposed of.

8. Copy of decision be given free of cost to the parties.

(Sudhir Bhargava)

Information Commissioner

Citation: Shri Amit Tomar v. Deputy Commissioner of Police in Decision No. CIC/VS/A/2014/001496/SB