Central Information Commission
Sandeep Kumar Dikshit vs Ministry Of Home Affairs on 2 December, 2022
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली,
ली New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/MHOME/A/2021/635414
Shri Sandeep Kumar Dikshit ... अपीलकता /Appellant
VERSUS/बनाम
PIO, Central Forensic Science Laboratory, ... ितवादीगण /Respondent
Chandigarh
Through: Shri B P Singh - CPIO/AD and Shri D P
Gangwal - PIO
Date of Hearing : 29.11.2022
Date of Decision : 02.12.2022
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 07.02.2021
PIO replied on : 11.03.2021
First Appeal filed on : 10.04.2021
First Appellate Order on : 05.07.2021
2ndAppeal/complaint received on : 10.08.2021
Information soughtand background of the case:
The Appellant filed an RTI application dated 07.02.2021 seeking information on the following 18 points:-
i. Please provide information whether the DVD sent for forensic examination vide DRI F. No. DRI/KZU/CF/ENQ-58(INT-45)/2016/7340 dated 05.04.2017 which was returned by the CFSL Chandigarh vide letter under F. No. CFSL(C)- 727/2017/PHY/243/2017/225 dated 12.04.2017 and which was again sent by DRI, Kolkata vide DRI F. No. DRI/KZU/CF/ENQ-58(INT-45)/2016/549 dated 03.05.2017 was the original one seized on 29.07.2016 or otherwise a copy or forensic copy or forensic image. Please provide the mirror image/forensic copy of the said DVD alongwith necessary certification that was used for conducting the forensic examination in this case.
ii. Please provide the information regarding the number of files/folder available on the disc when we click once on the master folder "Doc" of the said DVD named 'Petrapole' that was supplied to CFSL Chandigarh by DRI Kolkata vide DRI F. No. DRI/KZU/CF/ENQ-58(INT-45)/2016/549 dated 03.05.2017 for the forensic examination of 20 voice clips only.
Page 1 of 6iii. Please provide information regarding time of creation/modification of master folder "Doc" of the said DVD. Please provide the time of creation/modification of all other folders contained in said DVD.
iv. Please provide the information whether the seizure list and panchanama proceedings dated 29.07.2016 as well as Panchanama dated 18.01.2017, Original Recording media as well as recording device used for recording of voice clips, Call Detail Record (CDR) of relevant date and time of the mobile numbers used for such recording of voice clips were provided by DRI, Kolkata Authorities to the CFSL Chandigarh authorities vide DRI F. No. DRI/KZU/CF/ENQ-58(INT45)/2016/549 dated 03.05.2017 or any other letter for conducting the forensic examination of said DVD or not. v. Please provide the information whether the alleged copy of the DVD sent for forensic examination vide letter under DRI F. No. DRI/KZU/CF/ENQ- 58(INT45)/2016/549 dated 03.05.2017 of DRI, Kolkata contained original metadata or not. Please provide all details in this regard. Please also provide the I.P. Address(s) of the computer(s) where it was used/created/modified. vi. Please provide the information whether the computer hardware and devise(s) that used for transfer of data from alleged mobile phone of Jyoti Biswas to said DVD were sent by DRI, Kolkata vide DRI F. No. DRI/KZU/CF/ENQ- 58(INT45)/2016/549 dated 03.05.2017 or any other letter for forensic examination to prove the chain of events in such transfer of data or not. If the answer is yes, please provide their forensic details viz. their make, metadata, time and date stamp alongwith their mirror images of all such hardware used in such transfer of data to said DVD.
vii. Please provide the information whether any standard operating procedure [in short, S.O.P.] was in force for C.F.S.L. Chandigarh Authorities at that point of time, to conduct such forensic examination in absence of original exhibits and documents as sought for vide letter under F. No. CFSL(C)- 727/2017/PHY/243/2017/225 dated 12.04.2017. If yes, please provide a copy of such S.O.P. viii. Please provide the information regarding the S.O.P. in force that was followed in this case.
ix. Please provide information that whether report regarding 20 voice clips which are reportedly unedited, untempered but not reported authentic as per report under CFSL Chandigarh letter F. No. CFSL(C)/900/17/PYY/319/17/960 dated 29.05.2017 can be used by DRI, Kolkata Authorities for quoting that the DVD was proved authentic by CFSL Chandigarh vide its report under F. No. CFSL(C)/900/17/PYY/319/17/960 dated 29.05.2017. If the answer is affirmative, please provide clarifications that how the report regarding unediting, untempering of only 20 voice clips contained in sub-folders can be generalised to entire DVD for reporting it as authentic without testing the creation aspects of the seized DVD, matching their hash value and establishing the chain of its custody backed with forensic examination of relevant computer hardware(s) used for transfer of data from one device to another and lastly to the said DVD.
x. Please provide clarification whether the fact suggested by DRI in their letter issued under DRI F. No. DRI/KZU/CF/ENQ-58(INT-45)/2016/549 dated Page 2 of 6 03.05.2017 that "....the copy of DVD .........is to be treated as original..." can be ascertained forensically without examining the original recording device and media used for such recordings alongwith the system/hardware used in transfer of files to said DVD. Please also clarify that what prompted the CFSL Chandigarh Authorities to rely upon this suggestion of DRI, Kolkata by way of diverting their earlier stand as adopted in their letter F. No. CFSL(C)- 727/2017/PHY/243/2017/225 dated 12.04.2017, though none of the important documents as mentioned above letter were provided for said forensic examination.
xi. Please provide clarification whether the Hash Value of a DVD having 45 files/folders in master folder "DOC" and that having 44 files / folder in master folder "DOC" can be same and identical in any condition. xii. Please also provide clarification that in any conditions, whether such two DVDs i.e. one having 45 files folders in a master folder and another having 44 files folders in a master folder can be forensically called as same and identical. xiii. Please provide information about the Hash Value of the DVD supplied for forensic examination to CFSL Chandigarh vide DRI F. No. DRI/KZU/CF/ENQ- 58(INT45)/2016/549 dated 03.05.2017.
xiv. Please provide the creation time, modification time of the master folder "DOC"
of the DVD supplied for forensic examination vide DRI F. No. DRI/KZU/CF/ENQ58(INT-45)/2016/549 dated 03.05.2017. xv. Please provide the information regarding the number of files/folders available on the master folder "DOC" of the DVD supplied under DRI F. No. DRI/KZU/CF/ENQ-58(INT-45)/2016/549 dated 03.05.2017 and whether it is matching with the specifications / details as enclosed herein as "Annexure to the Panchanama dated 29.07.2016" or not.
xvi. Please provide information whether respective CDRs of the two mobile numbers 8642860501 and 9609806446 reportedly used in recordings of the said voice clips, as stated by Jyoti Biswas in his statement dated 27.10.2016 were ever provided for conducting the said forensic examinations or not. If the answer is in negative sense, please clarify how time span of each voice clippings can be ascertained considering the possibility of using advance technology in creation of such voice clips.
xvii. Please provide information that without matching of time stamp of respective CDRs with that of alleged voice clips and in absence of original recording device and media used for such recording of voice clips, whether it can be ascertained that a particular voice clip is telephonic conversation. If the answer is yes, please clarify it in detail and whether such procedure was followed in this case or not.
xviii. Please provide clarification whether the forensic examination of 20 particular clips as mentioned by DRI, Kolkata, which were found in different sub-folders can be treated as authenticity of whole DVD and its other contents. It is pertinent to mention here that all these sub-folders were contained in a master folder named "Docs" which was created on the date of seizure i.e. on 29.07.2016 at about 02:30:26 hrs as viewed by me in the alleged forensic copy supplied with Supplementary SCN dated 18.05.2017.
Page 3 of 6The CPIO, Central Forensic Science Laboratory, Chandigarh vide letter dated 11.03.2021 replied as under:--
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 10.04.2021.. The FAA FAA, Central Forensic Science Laboratory, Chandigarh vide order dated 05.07.2021 held as under:-Page 4 of 6
Aggrieved and dissatisfied,, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission dated 22.11.2022 has been received from the Respondent reiterating the aforementioned facts substantiating the averments with supporting documents.
Another written ritten submission has also been received from the Appellant reiterating his contentions.
Hearing is held through video conference upon serving notice of hearing in advance to both parties. Both parties are heard through video conference and they reiterated their respective contentions, wherein the Appellant contended that the queries related to the CFSL and hence he had sought it from them and not from DRI, which is exempt from the purview of the RTI Act. The e Appellant further stated Page 5 of 6 that though most of information had been denied to him, he emphatically sought a specific reply with respect to the query number (ii) about the number of files/folders available in the disc supplied to CFSL, Chandigarh by DRI, Kolkata for forensic examination.
Decision:
In the light of the aforementioned discussion, the Shri B P Singh - PIO/ CFSL, Chandigarh present during hearing is hereby directed to furnish a revised reply containing the accurate information about number of files/folder available on the disc when we click once on the master folder "Doc" of the said DVD named 'Petrapole' that was supplied to CFSL Chandigarh by DRI Kolkata vide DRI F. No. DRI/KZU/CF/ENQ-58(INT-45)/2016/549 dated 03.05.2017 for the forensic examination of 20 voice clips only" from records available with the public authority as defined under Section 2(f) of the RTI Act. The revised reply shall be furnished to the Appellant within three weeks of receipt of this order and a compliance report in this regard shall be submitted before the Commission, by the Respondent by 15.12.2022.
The appeal is disposed off on these terms.
Y. K. Sinha (वाई.
वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 6 of 6