Central Information Commission
Mr.Inderpal Kalra vs Delhi Police on 21 June, 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/2010/000109
Name of Appellant : Sh. Inderpal Kalra
Name of Respondent : Delhi Police, North Dist.
Civil Line, Delhi
ORDER
Sh. Inderpal Kalra, the Appellant, filed an RTI application dated 25.09.2009, in which he sought the following information under the RTI Act, 2005, in reference to the DD entries of P.S. Kashmere Gate, in respect of arresting of the Appellant on 27.08.2009 and 28.08.2009, by the Police Officials of P.S. Kashmere Gate:-
"1. Please supply the certified copies of the D.D. entries of P.S. Kashmere Gate, Delhi, in respect of Sh. Rishi Pal, ASI/P S Kashmere Gate, being given the FIR 152/09 for Investigations.
2. Please supply the certified copies of the D.D. entries of P S Kashmere Gate, in respect of the Investigating Officer in FIR 152/09P S Kashmere Gate, Delhi, Sh. Rishi Pal, ASI, being refrained (changed) from further investigating the FIR 152/09.
3. Please supply the certified copies of D.D. entries of P S Kashmere Gate, Delhi, in respect of the appointment of the New Investigating Officer in FIR 152/09/P S Kashmere Gate, Delhi.
4. Please kindly explain the reasons in writing for the sudden change in the Investigating Officer in FIR 152/09 and also supply the certified copies of the Directions given by the concerned Higher Ranking Officer of P S Kashmere Gate, Delhi (SHO) or the concerned Ld. M.M. Delhi, to immediately Change the Investigating Officer in FIR 152/09/P S Kashmere Gate, Delhi."
Sh. R. K. Jha, the PIO/Addl. Dy. Commissioner of Police-I, North Dist. Delhi vide his letter dated 23.10.2009, replied as follows:-
"1. An endorsement was made by the then SHO/Kashmere Gate, Delhi on the complaint of Sh. Harish Chawla and Tika Ram for registration of the case and further investigation was entrusted to SI Man Chand. An entry was lodged in this regard vide D.D. 2-A dated 6.06.2009 on which FIR No. 152/09 was registered at P.S. Kashmere Gate, Delhi. On transfer of SI Man Chand, further investigation of the case was entrusted to ASI Rishipal. As far as copy of D.D. entry is concerned, the same cannot be provided to you due to exemption under section 8(1)(h) of the RTI Act, 2005 which would impede the process of investigation or apprehension of prosecution of offenders.
2. It is under the official capacity of Chief Investigation Officer, who can get the investigation of case by any officer on merit.
3. It is not required to lodge D.D. entry regarding transfer of further investigation. Hence, no D.D. entry was lodged in this regard.
4. There is no written direction in this regard from the senior officer(s) of Ld M.M. Further investigation of case FIR No. 152/09, P.S. Kashmere Gate, Delhi was transferred by Chief Investigation Officer under his official capacity."
Dr. Sagar Preet (IPS), the First Appellate Authority (FAA)/ Dy. Commissioner of Police, North Dist., Delhi, before whom the Appellant had filed an appeal, vide order dated 17.11.2009, has held that all the relevant information as asked for by the Appellant in his RTI application has been provided by the PIO/North Dist. within the stipulated period under the RTI Act, 2005. Not satisfied with the response of the Respondent, the Appellant has filed the present appeal before the Commission. In his appeal the Appellant pleads that incorrect information has been provided to him by the Respondent that the information sought by him is strictly under the provisions of Section 2(f) of the RTI Act, 2005, and are only and strictly concerning the diary (DD) entries of the P. S. Kashmere Gate, of Delhi. That no such information has been sought by the Appellant with regard to the investigation of any FIR which can be said to attract the provision of Section 8(1)(h) of the RTI Act. The Appellant also submits that the Respondent have intentionallly not disclosed the true facts of the orders / directions dated 4.09.2009 and 7.09.2009 of the concerned M.M. Delhi.
The matter was heard on 21.06.2010.
Sh. Inderpal Kalra, the Appellant was present.
Sh. Man Mohan Sharma, ACP, North Dist. and Sh. Khem Singh Rawat, H.C. RTI Cell/North Dist. represented the Respondent Public Authority.
During the hearing the Respondent submit that it is not required to lodge DD entries regarding transfer of case for further investigation and no DD entries have been lodged in this regard. However, if this is the stand taken by the Respondent, it is not clear why the PIO at para-1 of his reply has denied a copy of the DD entries to the Appellant by claiming exemption under Section 8(1)(h) of the RTI Act, 2005. Moreover, no reason for claiming exemption under Section 8(1)(h) have been given. The Respondent are, therefore, directed to disclose the DD entries, if any, to the Appellant, within 15 days of receipt of this order.
Regarding the submission of the Appellant, that there are written directions in this regard from the learned M.M, the Respondent are directed to revisit the matter and, keeping in view the submission of the Appellant, provide complete and correct information to the Appellant. The Respondent were not able to give any satisfactory explanation on these points during the hearing. Hence, the CPIO is directed to issue necessary clarifications to the Respondent on this point to the Respondent, within 15 days of receipt of Commission's order.
With these directions the matter is disposed off accordingly.
(Sushma Singh) Information Commissioner 21.06.2010