Central Information Commission
Mr.Anshu Kumar vs Ministry Of Home Affairs on 19 September, 2011
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/C/2011/000413
Name of Appellant : Shri Anshu Kumar
Name of Respondent : Ministry of Home Affairs
Delhi Police
Date of Hearing : 13.09.2011
ORDER
Shri Anshu Kumar, the appellant has filed this appeal dated 13.4.2011 before the Commission against Ministry of Home Affairs & Delhi Police for charging cost towards photocopy charges, even after the expiry of 30 days and for directions to the State Governments of Uttar Pradesh, Haryana, Bihar, Madhya Pradesh, Himachal Pradesh, J&K, Maharashtra for failing to provide information to his RTI-request dated 4.12.2010. The matter came up for hearing on 13.09.2011. The appellant was heard through telephone, whereas the respondents were represented by Smt. S. Sudha, Under Secretary (DP), Ministry of Home Affairs, Shri Manish Chandra, ACP, DP, South District, Shri Dharamvir Singh, ACP, North West District, Shri Sheesh Ram, ACP, HQ, Shri Hem Chand, ACP, Outer District, Shri Pran Nath, ACP, New Delhi District, Shri Zile Singh, ACP, South West District and Shri Pankaj Kumar Singh, ACP, North West District.
2. The appellant filed an RTI-request dated 4.12.2010 addressed to CPIO, Ministry of Home Affairs seeking information on five questions - (1) How many people of Sikh Religion were killed in riot against the Sikhs after the murder of Smt. Indira Gandhi, give details with the name of cities where such incidents were committed; (2) Out of these Sikh how many are female male and children below 10 years, give details; (3) How many Hindus were killed by terrorist of Sikh religion during and after the commitment of these riots against the people of Sikh religion, give details with name of cities where such incidents were committed; (4) Out of these Hindus 2 Case No. CIC/SS/C/2011/000413 how many are female, male and children below 10 years, give details; and (5) Give the name of persons/police officer and leaders who are responsible for abetment of these riots against Sikh. The CPIO, Ministry of Home Affairs transferred the RTI-application to Chief Secretaries of respective State Governments including National Capital Region of Delhi vide letter No. U.14011/2/2011-Delhi (NC) dated 5.1.2011. Aggrieved by reply of CPIO, MHA, the appellant preferred first-appeal before FAA 15.1.2011. The FAA, MHA vide order No. U.14011/2/2011-Delhi-I (NC) dated 8.2.2011 upheld the decision of CPIO, MHA. Meanwhile, the CPIO, NCT of Delhi vide letter No. F/14/9/2011/RTI/HP-II/877 dated 7.2.11 transferred the RTI-application to Nodal Officer, Police Headquarters, New Delhi, who in turn transferred the application vide letter dated 11.2.11 to PIOs, South District, West District, South West District, North District, Central District, North West District and East District, PIO, North East Dist, PIO, New Delhi Dist, PIO, Outer Dist, PIO, South East Dist, PIO, Vigilance Branch, PIO, Crime Branch, PIO, IGI Airport, PIO, Special Cell, PIO, Anti- Riot Cell.
3. The respective PIOs of Delhi Police replied to the appellant as per details given below:
S.No. Particulars of PIO Letter No. & date reply 1 PIO, Delhi Police, No. 2143 (362)/DIC-SWD RTI-application received on South West District dated 15.3.2011 15.2.2011. Provided information pertaining to Points No. 1 to 5 regarding number of persons killed. Advised the appellant to obtain the available information after depositing Rs. 46 on account of 23 pages information.
2. PIO, Delhi Police, West No. 1602/(397/11/DIC(DA- RTI-application received on District III) West dated 14.3.2011 15.2.2011. Advised the appellant to deposit Rs. 28 for getting 14 pages information.
3. PIO, Delhi Police, No. 313/11/RTI Cell/NWD RTI-application was received on North West District dated 15.3.2011 15.2.2011. Advised the appellant to deposit Rs. 110/- for getting 55 pages information.
4. PIO, Delhi Police, New No. 752/DIC/NDD dated RTI-application was received on Delhi District 11.3.2011 14.2.11. Advised the appellant to deposit Rs. 6/- for getting 3 pages information
5. PIO, Delhi Police, 1369/ID No. 349/11/RTI RTI-application was received on Outer District Cell/Outer District dated 15.2.2011. Advised the appellant 15.3.2011 to deposit Rs. 150/- for getting 75 pages information.
6. PIO, Delhi Police, 2011/328/2654/RTI RTI-application was received on Central District Cell/Central Dist. Dated 15.2.11 and provided point-wise 15.3.11 reply.
3 Case No. CIC/SS/C/2011/0004137 PIO, Delhi Police, Anti- 197/ID-26/2011/Riot RTI-application was received on Riot Cell Cell/PTS/MN/ND dated 15.2.2011. Provided point-wise 8.3.11 information.
4. The appellant who was heard on telephone, submits that he has contested in his second-appeal on Point No. 8 that PIOs of South West Dist, West Dist, North West Dist, New Delhi District, Outer District demanded fees for providing the information, in spite of the fact that they have replied after stipulated period of 30 days and on Point No. 12 that the State Governments of UP, Haryana, Bihar, MP, HP, J&K and West Bengal have not provided requisite information to him.
5. The respondent however contended that the information requested for by the appellant has been replied to within the period stipulated under the RTI Act and there is no question of providing the documents free of cost to the appellant. The respondent of the Home Ministry also submits that they have transferred the RTI-application to the Chief Secretaries of States and it is for the appellant to approach the respective States in this regard.
6. After hearing the parties, the Commission observes that respective PIOs at S. No. 1 to 5 in the above Table replied to the appellant within the stipulated period of 30 days. The appellant is advised to remit the fees to respective PIOs within ten days of the receipt of this order and the PIOs of Delhi Police, South West District, West District, North West District, New Delhi District and Outer Districts are hereby directed to provide the requisite information to the appellant within ten days of receipt of the requisite fee from the appellant. For getting the requisite information from the State Governments, the appellant is advised to contact the respective State Governments.
The matter is accordingly disposed of with above directions.
(Sushma Singh) Information Commissioner 19.09.2011 Authenticated true copy:
4 Case No. CIC/SS/C/2011/000413(K.K. Sharma) OSD & Deputy Registrar 5 Case No. CIC/SS/C/2011/000413 Address of the parties:
Shri Anshu Kumar, Advocate, 23/47/112A, Kidwai Nagar, Vidya Clinic Allapur, Allahabad (UP) The CPIO, Ministry of Home Affairs, North Block, New Delhi-110001.
The First Appellate Authority, Ministry of Home Affairs, North Block, New Delhi-110001.
The Deputy Commissioner of Police & FAA, Delhi Police, West District, 1st Floor, P.S. Rajouri Garden, Delhi-110027.
The Additional Dy. Commissioner of Police & PIO, Delhi Police, South West District, Sector 19, Dwarka, New Delhi.
The Additional Dy. Commissioner of Police & PIO, Delhi Police, West District, 1st Floor, Rajouri Garden, Delhi.
The Additional Dy. Commissioner of Police & PIO, Delhi Police, North West District, Ashok Vihar, Delhi-110052.
The Additional Dy. Commissioner of Police & PIO, Delhi Police, New Delhi District, PS Parliament Street, New Delhi-110001.
The Additional Dy. Commissioner of Police & PIO, Delhi Police, Outer District, Pushpanjali, road No. 43, Delhi-110034.