Central Information Commission
Mr.Ashok Kumar Jain vs Bsnl, Kolkatta on 17 April, 2009
Central Information Commission
CIC/AD/C/09/00171
Dated April 17, 2009
Name of the Applicant : Mr.Ashok Kumar Jain
Name of the Public Authority : BSNL, Kolkatta
Background
1. The Applicant filed an RTI application dt.23.12.08 with the CPIO, BSNL, Kolkatta. He requested for the following information:
i) Name and address of BSNL Kolkata Mobile subscriber 9432133567
ii) List of incoming calls on 9432133567 from 1.4.08 to 20.4.08 giving date wise list of telephone/mobile numbers from where the incoming calls were made.
iii) List of outgoing calls made from 9432133567 from 1.4.08 to 20.4.08 giving date wise list of telephone / mobile numbers to which the outgoing calls were made.
The CPIO replied on 20.1.09 stating that a letter has been issued to the actual owner of Mobile No.9432133567 to make a submission in writing regarding whether the information should be disclosed or not and on receipt of the written consent, information will be supplied. Not satisfied with the reply, the Applicant filed a complaint dt.4.2.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for April 17, 2009.
3. Mr.U.C. Mittal and Mr.Pranav K Jha, Advocates represented the Public Authority.
4. The Applicant was represented by Mr.Padamjit singh during the hearing.
Decision
5. The Complainant submitted that he received a threat call from a mobile No. 9432133567 operating under BSNL Kolkatta. He stated that he had lodged an FIR with the Police in Maithon who requested BSNL, Dhanbad to provide the identity of the particular mobile subscriber to be able to investigate the matter further. The BSNL, Dhanbad requested BSNL, Kolkatta to provide the identity of the subscriber. However, no information was received from BSNL Kolkatta. The Complainant further added that a letter was also written to Chief Minister of West Bengal dt.12.12.08 informing him about the threat to his life and to that of his family and requesting him (the Chief Minister) to direct BSNL Kolkatta to provide the information. A copy of this letter was also endorsed to BSNL, Kolkatta. On 16.12.08, the All India Power Engineers Federation also wrote to the Chief Minister, West Bengal requesting the Chief Minister to provide security to the Comlainant and to direct the Kolkatta Police to follow up on the case as the details of the culprit would be available from the O/o the CGM, BSNL, Kolkatta. The Chairperson of the Federation also enclosed a copy of the FIR lodged by the Appellant at the Police Station in Maithon for the Chief Minister's perusal. According to the Complainant he also wrote to the Chief Information Commissioner on 29.1.09 informing him about the threat to his life and requesting him to provide the information under the RTI Act. The Complainant admitted that he had committed a procedural mistake by not mentioning that information is being sought because of threat to his life, in his RTI request. The Respondent' s contention was that since the Complainant did not indicate the reason for seeking the information, BSNL was correct in denying the information u/s 8(1)(j) of the RTI Act. He added that the issue regarding the threat to the life of the Complainant has come to light only during the present hearing. In response to this the Complainant argued that BSNL Kolkatta was aware of his problem since letters written to the Chief Minister, West Bengal were endorsed to BSNL Kolkatta a few days after filing the RTI application and that it was expected that the CPIO would take note of the urgency reflected in those letters. He further added that the request made by the Police, Maithon to BSNL, Dhanbad and also that made by BSNL, Dhanbad to BSNL, Kolkatta clearly point to the fact that the information was received by BSNL Kolkatta and that BSNL acted in a callous manner even after knowing the details of the case. He argued that the BSNL representative was not speaking the truth when he said that no information was received by BSNL Kolkatta about the threat to the Appellant's life and that he is hearing about the reason for seeking the information for the first time.
6. The Commission is of the opinion that in the absence of all the details of the case, the BSNL Kolkatta acted correctly by refusing to provide information to the Complainant. However, keeping the peculiar circumstances of this case in view, the Commission overlooks the procedural errors committed by the Complainant . The Commission is also convinced that the ensuring physical safety of the Complainant and of his family far outweighs any invasion of privacy of the individual holding the mobile No. 9432133567 and keeping in view the interest of the Complainant directs the CPIO to provide all the information sought by the Complainant in his RTI request by April 30, 2009.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Asst. Registrar Cc:
1. Mr.Ashok Kumar Jain President DVC Engineers Association & Dy.CE (E), SM DVC Towers, VIP Road Kolkata 700 054
2. The APIO & District Officer (Consumer Affairs) Bharat Sanchar Nigam Limited Calcutta Telephones Telephone Bhavan, Gr.Floor 34, BBD Bag (S) Kolkata 700 001
3. Officer in charge, NIC
4. Press E Group, CIC