Central Information Commission
Kamal Kumar vs Ut Of Andaman & Nicobar on 9 August, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/UTOAN/A/2023/147313
Kamal Kumar .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
O/O THE CPIO & SUPERINTENDENT
OF POLICE UT OF ANDAMAN & NICOBAR
SOUTH ANDAMAN DISTRICT,
PORT BLAIR - 744101. ....प्रनर्वािीगण /Respondent
Date of Hearing : 06.08.2024
Date of Decision : 06.08.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 21.06.2023
CPIO replied on : 20.07.2023
First appeal filed on : 20.07.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 07.12.2023
Information sought:
The Appellant filed an RTI application dated 21.06.2023 seeking the following information:
1) Ex facie Mobile Phone voice call received from Smti. Jyothi Minj, Head Constable, PS Aberdeen from Mb. No. 9531900064 res gestae threatened us on 08/12/2022. Provide the details cy pres whether mobile number is of Police Department or of Smti. Jyothi Minj or of other staffs of PS Aberdeen and also provide certified copy of GD Entry, Ravangi Register, Dial 100, and copy of complaint received against which phone call made to us sine qua non required ad litem.Page 1 of 14
2) Smti. Panchu, Head Constable, PS Aberdeen instrumental behind metamorphosing it chronic matter res gestae entered in my premise on many occasions with sheer misdemeanor misguided vigilantism to threatened us; provide inter alia only the details or certified copy of GD entry, Ravangi Register, Dial 100, complaint Dairy Number, dated, report generated thereafter by Smti. Panchu when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not section imposed under Indian Penal Code, 1860 sine qua non required ad litem.
3) Provide only the details or certified copy of name of the complainant and accused, complaint dairy no., GD Entry no., Station House Diary, Rowdies Sheeter, Ravangi Register, Dial 100 with father's name, name of village with address, Mobile No., dated, section imposed under Indian Penal Code, 1860; and report generated after that when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not who has complained for the missing/theft case within the jurisdiction of the Police Station under Ferrargung and Port Blair Tehsil since ten years sine qua non required ad litem.
4) Provide only the ipso jure details of relevant provisions of Indian Penal Code, 1860 and the Code of Criminal Procedure Code, 1973 to deal with compensation if offender is not traced but victim is confirmed.
5) Ubi jus ibi remedium/CCTV camera installed within the premise of PS Aberdeen is ipso facto of citizen taxes and right suppresso veri cannot be denied with provision adumbrated in Right to Information Act, 2005.
6) Provide probono publica CCTV footage of D. Lavanya Sundari D/o V. J.
Dasan R/o Junglighat since last ten years to till date with respect to total time spent SP (D) Sin the restricted area in the PS Aberdeen, Port Blair as per CCTV footage entered in the PS Aberdeen either with cause or with official purpose cannot be so jure denied; sine qua non required stare decisis for ad litem.
7) Provide probono publica CCTV footage of 24/05/2023 and 28/05/2023 making entry in the PS Aberdeen, Port Blair for lodging my complaint regarding missing/theft of my Mobile Phone which was denied cannot be ipso jure denied; sine qua non required stare decisis for ad litem.
Page 2 of 148) Copy of enquiry report or details and also relevant material evidence in respect of complaint dated 24/05/2023 addressed to the Director General of Police, the Superintendent of Police, South Andaman and the Station House Officer, South Andaman regarding missing/theft of my Mobile phone; when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not.
9) Provide probono publica only the details or certified copy of GD entry, Ravangi Register, complaint Dairy Number, Station House Diary report and report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not section imposed under Indian Penal Code, 1860 in respect of complaint dated 24/05/2023 lodged by me addressed to the Director General of Police, the Superintendent of Police, South Andaman and the Station House Officer, South Andaman regarding missing/theft of my Mobile phone; when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not.
10) Provide only the details or certified copy required probono publica of Station House Officer Diary, Rowdies Sheeter, GD entry, Ravangi Register, Dial 100, complaint Dairy Number, dated, with name, father's name, name of village with address, Mobile No., and report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not, section imposed under Indian Penal Code, 1860 require with respect of missing/theft case within the jurisdiction of the Police Station under Ferrargung and Port Blair Tehsil since five years sine qua non required stare decesis for ad litem.
11) Provide probono publica the details or certified copy of Station House Officer Diary, Rowdies Sheeter, GD entry, Ravangi Register, Dial 100, complaint Dairy Number, dated, with name, father's name, name of village with address, Mobile No., and report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet üled or not, section imposed under Indian Penal Code, 1860 in Page 3 of 14 respect of complaint received in respect of Cognizable Offence within the jurisdiction of the Police Station under Ferrargung and Port Blair Tehsil since three years sine qua non required ad litem.
12) Provide probono publica the details or certified copy of Station House Officer Diary, Rowdies Sheeter, GD entry, Ravangi Register, Dial 100, complaint Dairy Number, dated, with name, father's name, name of village with address, Mobile No., and report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not, section imposed under Indian Penal Code, 1860 in respect of all the complaints received in respect of Cognizable Offence within the jurisdiction of the Police Station Aberdeen Port Blair Tehsil since the posting of Shri. Jojo, Inspector, the then Station House Officer, PS Aberdeen; Smti. Jyothi Minj, Head Constable, PS Aberdeen; Smti. Nandini, Sub Inspector, PS Aberdeen; Smti. Panchu, Sub Inspector, PS Aberdeen; Shri. Inderjit, Sub Inspector PS Aberdeen and were instrumental in the matter personally sine qua non required ad litem.
13. Provide probono publica the details or certified copy regarding D. Lavanya Sundari lodge complaint against others or against the officials / workers of the AKT, Hero Honda Show Room, Near Indian Tourism Festival, VIP Road while working in the AKT, Hero Honda Show Room, Near Indian Tourism Festival, VIP Road and complaint lodged by the officials / workers of the AKT, Hero Honda Show Room, Near Indian Tourism Festival, VIP Road against D. Lavanya Sundari inter alia Station House Officer Diary, Rowdies Sheeter, GD entry, Ravangi Register, Dial 100, complaint Dairy Number, dated, with name, father's name, name of village with address, Mobile No., and report generated thereafter when marked to different officials with name, no, of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not section imposed under Indian Penal Code, 1860.
14) Provide probono publica the details or certified copy of Station House Officer Diary, Rowdies Sheeter, GD entry, Ravangi Register, Dial 100, complaint Dairy Number, dated, with name, father's name, name of village with address, Mobile No., and report generated thereafter when marked to different officials with name, no, of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not, section imposed under Indian Penal Code, 1860 in respect of complaint received in respect of Cognizable Offence Page 4 of 14 compromised within the jurisdiction of the Police Station Aberdeen Port Blair Tehsil since the posting of Shri. Jojo, Inspector, the then Station House Officer, PS Aberdeen; Smti. Jyothi Minj. Head Constable, PS Aberdeen; Smti. Nandini, Sub Inspector, PS Aberdeen; Smti. Panchu, Sub Inspector, PS Aberdeen; Shri. Inderjit, Sub Inspector, PS Aberdeen and instrumental in the matter personally sine qua non required ad litem.
15) Provide probono publica the details or certified copy of judgment of Session Case Number 09 of 2021 filed before the Session Judge, Andaman and Nicobar Islands, Port Blair sine qua non required ad litem.
16) Provide the certified copy of Station House Officer Diary, Rowdies Sheeter, GD entry, Ravangi Register, Dial 100 and report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not, section imposed under Indian Penal Code, 1860 in respect of complaint dated 29/04/2022 lodged by my wife Sunita Gupta.
19) Provide probono publica the details or certified copy of Station House Officer Diary, Rowdies Sheeter, GD entry, Ravangi Register, Dial 100, dated, with name, father's name, name of village with address, Mobile No., and report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not, section imposed under Indian Penal Code, 1860 in respect of oral complaint received in respect of Cognizable Offence within the jurisdiction of the Police Station Aberdeen Port Blair Tehsil since five year in the PS Aberdeen sine qua non required ad litem.
20) Smti. Panchu, Head Constable, PS Aberdeen instrumental behind metamorphosing it chronic matter res gestae whether entered in my nearby locality provide inter alia only the details or certified copy of GD entry, Ravangi Register, Dial 100, complaint Dairy Number, dated, report generated thereafter by Smti. Panchu, when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not section imposed under Indian Penal Code, 1860 sine qua non required ad litem.
Page 5 of 1421) Provide the details or certified copy of GD entry no. 17 dated 07/02/2023 at CAW Cell and report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not, section imposed under Indian Penal Code, 1860.
22) Provide only the details or certified copy of numbers of complaint lodged against D. Lavanya Sundari by the neighbours of Late V. J. Dasan, behind S. K. Mondal, Advocate, Dairy Farm and family members of Late V. J. Dasan at the time of residing at Dairy Farm inter alia with name, name of village with address, Mobile No., parent's name, Station House Officer Diary, Rowdies Sheeter, GD Entry no., Ravangi Register, Dial 100, complaint Dairy Number, dated, section imposed under Indian Penal Code, 1860; and report generated after that when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not.
23. Provide only the details or certified copy of numbers of complaint lodged by D. Lavanya Sundari against the neighbours of Late V. J. Dasan, behind S. K. Mondal, Advocate, Dairy Farm and against family members of Late V. J. Dasan at the time of residing at Dairy Farm inter alia with name, name of village with address, Mobile No., parent's name, Station House Officer Diary, Rowdies Sheeter, GD Entry no., Ravangi Register, Dial 100, complaint Dairy Number, dated, section imposed under Indian Penal Code, 1860; and report generated after that when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not.
24) Provide only the details or certified copy of Daily Attendance Sheet, Station Leaving Permission of Department, entry made to and fro in Jirkatang. Middle Strait, 10 No. 03 No. Check Post, Ship ticket issued in respect of Jojo, Inspector since his posting at Office of the Superintendent Of Police, North and Middle Andaman District, Mayabunder.
25] Provide only the details or certified copy of Daily Attendance Sheet, Station Leaving Permission of Department, entry made to and fro in Ship ticket issued in respect of Smti. Panchu, Sub-Inspector since his posting at PS Campbell Bay.
Page 6 of 1426) Provide probono publica details or CCTV footage of 13/06/2023 and 15/06/2023 making entry in the Session Court, Port Blair misbehaving against me and my wife, instigating to make crime by D. Lavanya Sundari, qua the security is with PS Aberdeen, Port Blair.
27) Provide only the details or certified copy of Daily Attendance Sheet, Station Leaving Permission of Department, entry made to and fro in Jirkatang, Middle Strait, 10 No. 03 No. Check Post, Ship ticket issued in respect of Smti. Nandini, Sub Inspector since his posting at PS Aberdeen.
28) Provide probono publica details or certified copy of all the NCFIR lodged by D. Lavanya Sundari within the jurisdiction of the Police Station under Ferrargung and Port Blair Tehsil cannot be ipso jure denied; sine qua non required stare decisis for ad litem.
29) Provide probono publica the details or copy of bailable Offence arrested from home produced on the same day before the Judicial Court by the Police Department during the period of Jojo, the then SHO, PS Aberdeen.
30) Provide Batch number, date of appointment, father's name, Home Town, competent appointment authority in respect of Shri. Kalaivanan. R. IPS, Superintendent of Police, South Andaman District.
31) Provide the information regarding time period of investigation to be completed by the Investigation Officer.
32) Provide the information regarding road accident killing a old lady on the spot by four wheeler Maruti Ertiga Car bearing registration number AN 01 K 1840 4-5 years ago at Billiground, Middle Andaman with copy of Station House Officer Diary, Rowdies Sheeter, GD entry, Ravangi Register, Dial 100, with respect of complaint lodged and report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not, section imposed under Indian Penal Code, 1860.
33) Provide probono publica CCTV footage of D. Lavanya Sundari D/o V. J.
Dasan R/o Junglighat since last five years to till date with respect to total time spent in the Office of the Superintendent of Police, South Andaman District, Port Blair as per CCTV footage entered in the Office of the Superintendent of Police, South Andaman District, either with cause or Page 7 of 14 with official purpose cannot be ipso jure denied, sine qua non required stare decisis for ad litem
34) Provide the information regarding whether Head Constable is an officer to conduct investigation according to the Code of Criminal Procedure, 1973.
35) Provide probono publica details or CCTV footage of D. Lavanya Sundari D/o V. J. Dasan R/o Junglighat charging mobile phone in the PS Aberdeen on 16/06/2023 from 3.30 PM to 5.30 PM either with cause or with official purpose in PS Aberdeen, Port Blair as per CCTV footage and also provide details of expenditure incurred everyday by PS Aberdeen either with cause or official purpose and also provide the details of name and designation granting permission to charge mobile phone and name of official incurred the payment or paid by Government fund resultantly wasted public taxes either with cause or official purpose.
36) Provide the information regarding the time period to be taken by the Investigating Officer to complete the investigation as per the Code of Criminal Procedure, 1973, notification and Office Circular.
37) Provide the certified copy of Station House Officer Diary, Rowdies Sheeter, GD entry, Ravangi Register, Dial 100, with respect of complaint lodged by my wife Smti Sunita Gupta on 16/06/2023 against D. Lavanya Sundari attended by Manindra Das of PS Aberdeen and report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not, section imposed under Indian Penal Code, 1860.
38) Provide the certified copy of Station House Officer Diary, Rowdies Sheeter, GD entry, Ravangi Register, Dial 100, with respect of complaint lodged by my wife Smti Sunita Gupta on 16/06/2023 against D. Lavanya Sundari attended by Pink Police of Women Cell and report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not, section imposed under Indian Penal Code, 1860.
Page 8 of 1439) Provide probono publica the copy of NCFIR lodged without complaint and without GD Entry within five years sine qua non required stare decisis for ad litem.
40) Provide probono publica the copy of NCFIR lodged with complaint and with GD Entry within five years sine qua non required stare decisis for ad litem.
41) Provide the certified copy of First Appeal filed before the Deputy Inspector General of Police (Intelligence), Police Headquarter, Atlanta Point and copy also send to the Superintendent of Police, South Andaman District, Port Blair.
The CPIO furnished a reply to the Appellant on 20.07.2023 stating as under:
"1. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of RTI Act 2005.
2. No such incident of threatening has occurred as per the report provided by SHO PS Aberdeen
3. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of RTI Act 2005.
4. Section 357A of the Code of Criminal Procedure, which states that every State Government shall prepare a scheme for providing funds for the purpose of compensating the victim of crime, governs the compensation portion of the rehabilitation of victims of violence, including rape.
5. CCTV footage is provided as per the provisions under Right to Information Act, 2005.
6. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of RTI Act 2005.
7. The relevant portion of CCTV footage is available in Compact Disk
8. The enquiry is under progress. Hence, the information sought by the applicant cannot be provided under the ambit of section 8(1)(h) of RTI Act 2005.
Page 9 of 14
9. No FIR has been lodged on the complaint dated 24/05/2023.
10. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of RTI Act 2005.
11. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of RTI Act 2005.
12. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of RTI Act. 2005.
13. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of RTI Act 2005.
14. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of RTI Act 2005.
15. Can be obtained from court as per the mechanism provided under High court Rules.
16. No FIR has been lodged on the complaint dated 29/04/2022.
17. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of RTI Act 2005.
18. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of RTI Act 2005.
19. The information sought by the applicant cannot be provided under the ambit of section 8 (1)(j) of the RTI Act 2005.
20. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of RTI Act 2005.
21. The information sought by the applicant is not related to this office
22. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of the RTI Act 2005.
23. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of RTI Act 2005.
Page 10 of 14
24. The information sought by the applicant is not related to this office.
25. The information sought by the applicant is not related to this office.
26. The information sought by the applicant is not related to this office
27. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of RTI Act 2005.
28. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of RTI Act 2005.
29. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of RTI Act 2005.
30. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of RTI Act 2005.
31. Time period of investigation vary depending upon the case registered.
32. The information sought by the applicant is not related to this office
33. The information sought by the applicant cannot be provided under the ambit of section 8(1)(g) of RTI Act 2005.
34. Mentioned as per Section 156 of CrPC.
35. The information sought by the applicant cannot provided under the ambit of section 8(1)(g) of RTI Act 2005.
36. Time period of investigation vary depending upon the case registered.
37. Certified copy containing 02 pages are available.
38. The information sought by the applicant is not related to this office.
39. Nil
40. The information sought by the applicant cannot be provided under the ambit of section 8(1)(j) of RTI Act 2005.
41. The information sought by the applicant is not related to this office." Page 11 of 14
Being dissatisfied, the appellant filed a First Appeal dated 08.06.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video-conference.
Respondent: Mr. Augustin, Inspector (Coordn.)/PIO, South Andaman Distt. present through video-conference.
Appellant restricted his arguments to the fact that neither the requested information has been provided nor the denial of information under exemption clause has been properly explained by the Respondent in his reply. He prayed the Commission to impose penalties on the erring PIOs for such faults.
Respondent submitted that point-wise reply has already been provided to the Appellant in terms of RTI Act.
Decision:
The Commission, at the outset observes from a perusal of the facts on record that information sought under this RTI Application is voluminous, cumbersome in nature and does not even conform to the word limit of 500 words, as prescribed in Rule 3 of RTI Rules, 2012.
Even if, the Commission was to empathetically consider the concerns raised by the Appellant through the Second Appeal, he is reminded of the fact that his right to information is far from being absolute and unconditional. That, it is rather unfortunate that even the best of intentions has to not only stand the test of procedural requirements and fetters laid down in the RTI Act but also stand the test of practicality, a notion well recognised by the superior Courts in a catena of judgments such as the Hon'ble Supreme Court's observation in the matter of Central Board of Secondary Education (CBSE) & anr.v. Aditya Bandhopadhyay and others [(2011) 8 SCC 497] stating that:Page 12 of 14
"37. ...... The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a public authorities prioritising 'information furnishing', at the cost of their normal and regular duties."
Nonetheless, the Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records observes that Appellant is not satisfied with the reply and more particularly with the denial of information by the PIO under Section 8(1)(j), 8(1)(e), 8(1)(h) and 8(1)(g) of the RTI Act without proper justification. Further, the Respondent present during the hearing was also failed to substantiate their denial of information in terms of the RTI Act.
In view of the above, the Respondent is directed to provide a revised updated reply with proper explanation regarding claim for denial of information on the concerned points of RTI Application under Section 8(1) (e), 8(1)(g), 8(1)(h), and 8(1)(j) of the RTI Act, within 4 weeks from the date of receipt of this order. First Appellate Authority to ensure compliance of the directions.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 13 of 14 Copy To:
The FAA, UT OF ANDAMAN & NICOBAR SOUTH ANDAMAN DISTRICT, PORT BLAIR-744101.
Page 14 of 14
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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