Central Information Commission
Mr.Chand Kumar Parsad vs Ministry Of Home Affairs on 22 June, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2011/000423
Dated: 22.06.2012
Name of Appellant : Shri Chand Kumar Prasad
Name of Respondent : Delhi Police, Special Cell
Date of Hearing : 13.12.2011
ORDER
Shri Chand Kumar Prasad, hereinafter called the appellant has filed this appeal dated 3.7.2009 before the Commission against the respondent Delhi Police, Special Cell for denial of information in reply to his RTI application dated 12.9.2010. The matter came up for hearing on 13.12.2011. The appellant was present, whereas respondent were represented by Bhisham Singh, Addl. DCP, Special Cell and Shri Sanjay Dutt, Inspector.
2. The appellant had filed an application dated 12.9.2010 under the provisions of the RTI Act, in which he sought information on seven queries pertaining to FIR No.27/10 dated 26.5.2010 u/s 3/5/9 of the Officials Secret Act. The CPIO vide letter No. 7102/C&R Cell/RTI (412/10) Special Cell dated 19.10.2010 denied information under the provisions of Section 8(1) (h) of the RTI Act, 2005.
3. Aggrieved by the reply of the CPIO, the appellant filed first appeal before the FAA. The FAA vide his order No. 1315-16/Per.Sec/Spl. CP/Spl. Cell dated 6.12.2010 held that charge sheet in case FIR No. 27/10 PS Special Cell has 2 Case No. CIC/SS/A/2011/00000423 been filed on 24.7.2010 in the Court of CMM, Delhi and next date of hearing is fixed for 16.12.2010, hence the requisite information cannot be supplied as per notification of Delhi High Court dated 22.1.2009 vide which information specified under section 8 of the RTI Act shall not be disclosed and made available and in particular such information which relates to judicial functions and duties of the court and matters incidental and ancillary thereto.
4. During the hearing the respondent submit that the charge sheet has been filed on 24.7.2010 in the Court of CMM, Delhi, which is pending trail. Presently, the appellant is on interim bail and the charge against him is yet to be framed by the Court.
5. Having considered the submissions of the parties, the Commission hereby directs the CPIO to provide information on Point No. 1, 2, 3 and 5 of the RTI application as per DD entry, pertaining to the appellant only, free of cost within two weeks of receipt of this order. On remaining points the reply of the FAA is upheld.
The matter is disposed of with the above directions.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar 3 Case No. CIC/SS/A/2011/00000423 Address of the parties:
Shri Chand Kumar Prasad, S/O Shri Jamuna Prasad, Q. No. K2/353, Tube Colony, Baridih, Jamshedpur-831017 (Jharkhand) The Addl. DCP & CPIO, Delhi Police, Special Cell, Police Headquarters, I.P. Estate, New Delhi-110002.
The Special Commissioner of Police & First Appellate Authority, Delhi Police, Special Cell, Police Headquarters, I.P. Estate, New Delhi-110002.