Central Information Commission
Mr.Bharat Singh vs Delhi Police on 15 July, 2013
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/2012/003124
Dated: 15.07.2013.
Name of Appellant : Shri Bharat Singh
Name of Respondent : Delhi Police, Crime Branch
Date of Hearing : 24.06.2013
ORDER
Shri Bharat Singh, hereinafter called the appellant, has filed the present appeal dated 16.8.2012 before the Commission against the respondent Delhi Police, Crime Branch for not providing information in response to his RTI- application dated 7.6.2012. The appellant was absent whereas the respondent were represented by Shri Zile Singh, ACP/Crime, Shri Naresh Kumar, SHO/Dabri, Shri M.C. Katoch, ACP/Spl. Team, Shri Ram Singh, ACP/SW, Shri Satvir Singh, Inspector/Dabri, Shri Shiv Darshan, SI, and Shri Surender Gandhi, SI.
2. The appellant, through his RTI application dated 7.6.2012 sought information on seven queries pertaining to case FIR No. 294/11 which is in respect of alleged forgery of documents for purchase of a plot. The CPIO vide letter No. (1351/12)/2610/pio/Crime dated 9.7.2012 replied to the appellant as follows: "(1 to 3 and 6) Providing the information at this stage would impede the process of investigation, which is exempted under the provisions of Section 8(1)
(h) of the RTI Act; (4) The signatures of all concerned have been sent for examination at FSL. The allegations leveled against the IO regarding extending 2 Case No. CIC/SS/A/2012/003124 threats to the witness were enquired into and the same were not substantiated so the complaint was filed; (5) The matter of possession/dispossession from the property is related to local police of P.S. Dabri so the application is transferred to the CPIO, SWD for requisite reply on their part; (7) The appellant is at liberty in this regard".
3. However, not satisfied with the reply of the CPIO, the appellant filed first appeal on 14.7.2011 before the FAA. The FAA vide his order No.73/2012/271- 272/Crime dated 8.8.2012 upheld the reply of the CPIO. The FAA also endorsed a copy of his order to the CPIO/SWD for providing requisite information on Point No. 5 of the RTI application directly to the appellant.
4. During the hearing the respondent state that the matter is regarding investigation of an FIR No. 294/11 dated 9.11.2011 PS Crime Branch, Delhi, which is pending investigation into an offence for alleged forgery of documents to grab the property. The respondent state that disclosure of information at this stage would hamper the process of investigation, and thereforecannot be disclosed under the provisions of Section 8(1) (h) of the RTI Act.
5. In view of the submissions of the respondent that the information as sought for by the appellant at Point No. 1 to 3 and 6 of his RTI application, if disclosed, would impede the process of investigation or apprehension or prosecution of offenders, the Commission sees no reason to interfere with the stand of the respondent that the information cannot be disclosed under Section 8(1) (h) of the RTI Act. However, Point No. 5 of the RTI application has been transferred to the CPIO, SWD. The CPIO, SWD is hereby directed to provide requisite information on Point No. 5 of the RTI application within two weeks of receipt of this order, if not provided already.
3 Case No. CIC/SS/A/2012/003124The matter is disposed of on the part of the Commission with above directions/observations.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Bharat Singh, H. No. 116, Village Chaandpur, Delhi-110081.
The Addl. DCP & CPIO, Delhi Police, Crime, 2nd Floor, PS Kamla Market Office Complex, New Delhi.
The Addl. DCP & CPIO, Delhi Police, South West District, Sector 19, Dwarka, New Delhi-110075.
The DCP & FAA, Delhi Police, Crime, 10th Floor, PHQ, I.P. Estate, New Delhi-110002.