Central Information Commission
P Gopinathan vs National Human Rights Commission on 17 May, 2019
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/NHRCM/A/2017/155049
P Gopinathan ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, National Human Rights ...प्रनतवािीगण /Respondents
Commission, New Delhi.
Relevant dates emerging from the appeal:
RTI : 29.04.2017 FA : 06.06.2017 SA : 01.08.2017
CPIO : 31.05.2017 FAO : 05.07.2017 Hearing : 14.05.2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), National Human Rights Commission (NHRC), New Delhi seeking information on eight points pertaining to Justice Sadashivam Commission set up by NHRC, including, inter-alia,
(i) how did the death of one, Shri Ramasamy, R/o Mettupalaiyur, Kolathur, Tamil Nadu occur, as per the statement given to Shri P. Ramalingam, Inspector, Tamil Page 1 of 4 Nadu Joint Special Task Force (JSTF), and (ii) the date and place of death of Shri Ramasamy.
2. The appellant filed a second appeal before the Commission on the grounds that he is not satisfied with the CPIO's reply to his RTI application that the case referred to was closed by the NHRC on 17.06.2009 and the file was weeded out, hence, no information is available in this regard. He contended that the information sought is part of a permanent record, hence, should be available with the respondent authority. The appellant requested the Commission to direct the respondent to provide the information sought for.
Hearing:
3. The appellant Shri P Gopinathan attended the hearing through video- conferencing. The respondent Shri Khaleel Ahmad, Deputy Registrar, NHRC, New Delhi was present in person.
4. The appellant submitted that the records of Justice Sadashivam Commission set up by NHRC is a permanent record, hence, the respondent should provide a copy of the witness statement as furnished to Shri P. Ramalingam, Inspector, Tamil Nadu Joint Special Task Force (JSTF) sought vide point no. 8 of the RTI application.
5. The respondent submitted that the CPIO vide reply dated 31.05.2017 has already informed the appellant that the Justice Sadashivam Commission was set up by NHRC in Case No. 795/22/97-98 in the matter of alleged violation of human rights through harassment/torture to the villagers and tribal in the area of operation of JSTF to apprehend Sandalwood Smuggler, Veerappan. However, the case was closed on 17.06.2009 and the records of the case have been weeded out as per the Page 2 of 4 Record Retention Schedule followed by NHRC. He further clarified that the records are weeded out after three months from the closure of the case. Hence, no information can be provided to the appellant in this regard.
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that as per the respondent the records relating to the RTI application have since been weeded out. Under the RTI Act only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. Hence, no information can be provided to the appellant. The Commission, however, directs the CPIO to provide a copy of the Record Retention Schedule as well as the order of the Competent Authority for the destruction of records relating to Justice Sadashivam Commission set up by NHRC, to the appellant within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 15.05.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) R. Sitarama Murthy (आर. सीतारम मूती) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Page 3 of 4 Addresses of the parties:
1. The First Appellate Authority (FAA), National Human Rights Commission Manav Adhikar Bhawan, C Block, GPO Complex, INA, New Delhi- 110023.
2. The Central Public Information Officer (CPIO), National Human Rights Commission Manav Adhikar Bhawan, C Block, GPO Complex, INA, New Delhi- 110023.
3. Shri P Gopinathan Page 4 of 4