Central Information Commission
Mr.Zameer Ahmad vs Ministry Of Home Affairs on 8 September, 2010
Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/SS/A/2010/000304
Name of Appellant : Sh. Zameer Ahmed Jumlana
(The Appellant was not present)
Name of Respondent : Delhi Police, EOW, Crime Branch, Delhi
(Represented by Sh. T. R. Mongia, ACP,
Sh. Mahendra Kumar Mishra, Inspr. And
Sh.
Rajendra Prasad, Inspr.)
The matter was heard on : 8.09.2010
ORDER
Sh. Zameer Ahmed Jumlana, the Appellant, filed an application dated 15.11.2009, seeking a copy of FIR No. 160/09, dated 1.08.2009, under Section 420//120B, IPC (EOW) against MTech Developers Pvt. Ltd. and matters connected therewith. SH. T. R. Mongia, the PIO / Asst. Commissioner of Police, EOW, Crime Branch, New Delhi vide his reply dated 20.11.2009, while providing the Appellant with a copy of the FIR, denied information regarding the details of investigation, total number of complaints against the accused, any seizer/raids conducted, whether any accused arrested, granting bail or absconding etc., u/s 8(1)(h) of the RTI Act on the grounds that such information if divulged can be used to influence persons / witnesses and may result and hampering /destruction of evidences. Sh. K. K. Vyas, Dy. Commissioner of Police, EOW, Crime Branch, New Delhi, before whom the Appellant had filed a first appeal, vide his order dated 1.01.2010, while informing the Appellant that the case is under investigation at the initial stages and that no arrest had been made in the case and no one granted anticipatory bail, has denied information regarding details of raids/seizure on the grounds that information if divulged at this stage may hamper / impede the investigation of the case and is therefore, exempt under Section 8(1)(h) of the RTI Act, 2005.
During the hearing the Respondent submit that more detailed information has since been provided to the Appellant vide letter dated 6.09.2010. They submit that when the RTI application was filed on 15.11.2009, the investigation into the case was at a preliminary very stage, since then more information has been gathered and, therefore, on receipt of intimation of hearing of the present appeal in the Commission, more detailed information has been provided to the Appellant vide aforementioned letter of the CPIO.
Upon hearing the Respondent and on perusal of relevant documents on file the Commission finds that the more detailed requisite information has now been made available to the Appellant, more specifically the total number of complaints against MTech developers Pvt. Ltd. received till 31.08.2010, has now been provided to the Appellant. The Respondents submit that the Police have ceased the relevant document at the time of FIR No. 160/09 dated 1.01.2009, P.S. Economic Offences Wing, Crime Branch, New Delhi, but this information been have denied, the ground that disclosure of such information may impede the process of investigation and is therefore, exempted under Section 8(1) (h) of the RTI Act, since the case under investigation. [ The PIO has failed to explain how the disclosure of the documents seized during investigation to the complainant/informant in the FIR, would hamper the ongoing investigation.
In view of the above, the Respondents are hereby directed to provide the details of documents seized during investigation.
With these observations the matter is disposed off on the part of the Commission.
(Sushma Singh) Information Commissioner 8.09.2010