Is a PIO expected to procure information from a private entity under RTI Act?

Background

An accused facing a trial before the court sought information regarding the documents seized during investigation and others related to a private party. The PIO refused to procure the documents from the Company on the grounds that the requested information does not fall under the provisions of the RTI Act, 2005 and suggested that the documents may be collected from the concerned office of the Company by the appellant himself. On appeal, the First Appellate Authority (FAA) replied that all the documents that were seized during the course of investigation have been filed in the concerned trial Court. Further, information and documents sought by the appellant were neither held by nor under the control of any public authority and hence upheld the decision of the PIO.

View of CIC

The Commission rejected the appeal holding that the request of the appellant does not fall within the ambit of Section 2(j) “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to- (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to- (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; of the RTI Act as the documents are neither held by or under the control of the respondent.

Comments

Section 2(j) “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to- (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to- (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; of the RTI Act limits the powers of an applicant to seeking information to that held by or under the control of any public authority. Those documents which are neither held /under the control of any public authority nor can be accessed by it under any law in force, is beyond the mandate of the RTI Act.

Citation: Mr. Sanjeev Sawhney v. Delhi Police in file no. CIC/SS/A/2011/001515