Central Information Commission
Shri Ajit Kar vs Deputy Commissioner Police, (Dcp) ... on 5 March, 2009
CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2007/01071 & 1073 dated 14-11-2007
Right to Information Act 2005 - Section 19
Appellant: Shri Ajit Kar
Respondent: Deputy Commissioner Police, (DCP) Crime Branch
FACTS
These are two appeals moved by Shri Ajit Kar of Satya Niketan, New Delhi with different sections of Delhi Police.
File No. CIC/WB/A/2007/01071 In his application of 8-3-07 Shri Ajit Kar sought information from the DCP, Special Cell on 22 questions as follows:
"1. Please do inform what as per the direction of concerned authority of Delhi Police and as per the direction of relevant law thereto you verify about the a. Character of a person.
b. Antecedent of a person.
c. What does your department legally mean by character,
as per the law in current practice.
d. What does your department legally mean by the
antecedents of a person as per the law in current practice.
2. Why do you verify the character and antecedent of a person and how do you use it, isn't it detrimentally affecting the privacy and dignity of a person?
3. What is the procedure do you follow in collecting the facts about the character and antecedent of a person?
4. How and where do you record the information obtained and for how many days it is kept?
5. If any citizen of Delhi at any time want to know the, character and antecedent of any other person can he apply to you to know it? If yes the within how many days do you provide it. If no then who else should be applied for the same?
6. Can a police officer apply you to take these record of character and antecedent of a person from you if yes then Officer's of which rank under what circumstances can take, if no then who will be applied for the same?1
7. If a police officer needs about the character and antecedent of a particular person of Delhi for his personal use in a court or for official use in a case filed in a court can it be possibly given to him if yes under what circumstances, if no then why?
8. If the character hunt or antecedent hunt of an outsider of Delhi or that of India is wanted can you be applied to do so, if so within how many days you can do if no then under what procedure it can be done by you?
9. How do the character and antecedent of each and every person of any area in Delhi having jurisdiction of a particular DCP say DCP SW kept, if it is not kept then of which person under which circumstance the above stated record say about character and antecedent is kept & (i) how can a general citizen get it if he wants (ii) how can a police officer get it if he needs it for his personal use (iii) how can a police officer get it for his official use (iv) under which case and circumstance the police can use it?
10. What other special function your special cell does and how do you help the general public access to the same?
11. What are the powers and functions given to the DCP Special Cell and what regulation rules have been made for its perfect discharge?
12. What rules and regulation the DCP has made for the perfect discharge of the duty to fructify the aims and objectives of Delhi police concerning the special cell and how the powers and function have been distributed to the lower officers working under the DCP Special Cell?
13. How do the DCP while discharging the duty to fulfill the objectives of Delhi Police concerning to the special cell cope with the provision in the fundamental rights enshrined in the constitution of India and the guidelines given by the National Human Right Commission by the Supreme Court of India in the CrPC, IPC Delhi Police Act and instruction and other provisions in the constitution relating to the rights of the citizen and liability of public servant involution them?
14. If false and frivolous record has been made by various police officer and wrongly persons were arrested or due to wrong information the innocent people have been bounded by 107/150 IPC then without verification do the police use then as a bad record against a person?2
15. If some false record or implication or FIR or charge has been made against a person but the court has declared the person innocent by convicting the opposite party still then the same previous record do the police keep to use in future against the same innocent person?
16. If perchance a police officer uses the previous record of a person however, the court has proved his innocence then who is the officer to be complaint against such police officer and who is the officer to be complained against the officer who has given the police record to this police officer?
17. Can any outsider be given any such character or antecedent record about any other person kept in police record if it has happened i.e. somebody has given the record to somebody else then who is the perfect officer to be complained of against the in charge of such record.
18. In each and every police station how and when the antecedent and character verified record is kept and who is given the custody of the same?
19. Would you please inform what record the Delhi Police has kept in connection with the character of the applicant as well as antecedent of the applicant so the applicant could evaluate his own image in the eye of the Delhi Police as per its record?
20. Please give the character and antecedent as per Delhi police record in connection with the following persons also give if any official achievement or deliquesce has been kept in record in any manner again give since when the police officers have been working in Delhi Police also give the address of their present office and their Telephone No.
1. Shri Ashok Dhull.
2. Shri Devender Singh Dhull.
3. Smt. Neelam Dhull
4. all of R-32, Swatantra Nagar, 15-C Main Road, Narela Delhi-40.
5. Shri Ananta Kumar Gunjan SI Belt No. -D 1144, previously at PS Preet Vihar.
6. Shri Om Prakash Wadhwar, SHO, Chitaranjan Park Delhi.
7. Shri Harphool Singh, H. C. Belt No. 90, SW (previously under suspension posted at District line, East).
8. Shri Virender Singh ct Belt No.- 1773, NW (previously under suspension posted in Distinct line East).
9. Shri Paras Nath, Belt No.- 5513/PCR-542/ D was in PCR.3
10. Shri Risi, ex Constable at P. P. Nanakpura, during March 2005.
21. Under what circumstances or after how many convictions or under what other case as it is practice in Delhi Police as per law a person is designated as a habitual offender?
22. How does a person get designated a bad character by the Delhi Police."
To this he received a response from Shri Alok Kumar, DCP, Special Cell dated 5-4-07 but only to question Nos. 10 to 14 as below:
"10. What other special function your special cell does and how do you help the general public access to the same? Attached as Annexure-A.
11. What are the powers and functions given to the DCP special cell and what Regulation rules have been made for perfect discharge?
Attached as Annexure-B.
12. What rules & regulation the DCP has made for the perfect discharge of the duty to fructify the aims and objectives of Delhi Police concerning the special cell and how the powers and function have been distributed to the lower officers working under the DCP Special Cell?
Attached as Annexure-C.
13. How do the DCP while discharging the duty to fulfil the objectives of Delhi Police concerning to the Special Cell cope with the provision in the fundamental rights enshrined in the constitution of India and the guidelines given by the National Human Right Commission by the Supreme Court of India in the CrPC, Delhi Police Act & instruction and other provisions in the constitution relating to the rights of the citizen and liability of public servant involuting (sic) them?
All steps are taken while discharging duty, not to violate fundamental Rights, Utmost care is also taken to follow the guidelines of Human Right Commission, Hon'ble Supreme Court of India in the CrPC, IPC, Delhi Police Act & instruction and other provisions in the constitution."
Submitting that point-wise information has not yet been given as per law although partial information is given the appellant moved his first appeal before JCP, Special Cell. On not receiving a response he moved a second appeal before us with the following prayer:
4"1. That the respondent may be ordered to order for reply of the question in promptitude without any pretentious prevarication.
2. that the respondent may be directed to act as per law and give reprimand to the PIO.
3. That cost and penal action may be taken as per law.
4. that any other relief on the CIC deem fit may award in favour of the appellant."
File No. CIC/WB/A/2007/01073 In this case the application was made to the DCP, SW, Vasant Vihar, dated 12-2-07 with 35 questions. To this he received a response point-wise from DCP, Crime & Railways to whom the matter stood transferred by DCP, SW to whom the application had been made, but in the latter response Appellant Shri Kar was advised to seek answers from DCP, NW or DCP, DE Cell in as many as 14 questions. A copy was endorsed to DCPs NW and DE Cell.
Shri Ajit Kar then moved his first appeal, no copy of which is on our file but the contents of the same are mentioned in the order on file, while disposing of the appeal by Shri Muktesh Chandra Singh, Addl. CP, in which the Addl CP describes the contents of the appeal as follows:
"For not providing correct, complete, related and specific information on point Nos. 3, 4, 8, 9, 10 & 23, for not transferring his application to other concerned PIOs within five days and for not informing him regarding transfer of his application to other concerned PIOs in respect of point Nos. 11, 12, 13, 13-A, 14, 15, 22 & 25-32 of his original application."
In his order of 1-6-07 disposing of the appeal Shri Muktesh Chandra Singh, Addl. CP has come to the following conclusion:
"The PIO/ Crime provided the point-wise detailed information to the appellant pertaining to Crime Branch vide letter No. 421/PIO/ Crime, dated 16.3.2007, which is found to be correct. AS regards information on other points, the application of the appellant was sent to PIOs/DCsP/NW Distt & DE Cell by PIO/ Crime vide No. 422-23/PIO/ Crime, dated 16.3.2007, as it was closely related to them.
Since the copy of appellant's application has not been forwarded by the PIO/ Crime to the concerned PIOs within the specific period as per RTI Act, 2005 for providing the part of information, the PIO/ Crime is, therefore, advised to be meticulous in future."5
Aggrieved, Shri Ajit Kar moved his second appeal before us with the following prayer:
"1. That the respondent may be ordered to give or caused to give all information wanted soon.
2. That the PIO & the respondent may ordered to be careful & meticulous & punctual in the future.
3. That the appellant may be given cost of his inconvenience, loss due to lack of promptitude in giving information which the appellant could used in applications given in various court of justice.
4. That any other relief the CIC deems fit may reward in favour of the appellant & against the respondent."
In the content of the second appeal Shri Kar has objected to the answers received in as many as 27 questions, namely, to points 1, 3, 5, 8-16, 21-23, 25-32. Both appeals were heard on 5-3-2009. The following are present.
Appellants Shri Ajit Kar Respondents Shri Surender Kapoor, ACP/ Crime.
Shri H. S. Bisht, ACP/ DE Cell.
Shri P.N. Aggarwal, JCP, Special Cell.
Shri Alok Kumar, DCP/ SP Cell.
In File No. CIC/WB/A/2007/01071 Shri P.N. Aggarwal, JCP, Special Cell submitted that in fact the first appeal had been disposed of on 22-5-07. A copy of the order of Shri Karnal Singh, the then JCP has been taken on record and a copy also handed to appellant Shri Ajit Kar. In this case point wise reply to the appeal is as below:
"Point 1: Your application requesting information under sections 6 and 7 of the RTI Act, 2005 was received in the office of PIO on 9.3.2007. the information, which was ought by you belonged to multiple units. Hence, the photocopies of your application were forwarded to the concerned units vide letter No. 1357-64/C&R Cell (RTI)/Spl. Cell, dated 15.3.2007 by the PIO and a copy of the letter was sent to you for information.
The comprehensive information pertaining to Special Cell mentioned at Sl. No. 10 to 13 has already been supplied to you vide letter 1854/ C&R Cell (RTI)/Spl. Cell dated 5.4.07.
6Point 2: Since the information sought by you belonged to multiple units and hence, your application was transferred to the concerned units as per section 6 (3) of RTI Act, 2005. The concerned PIO's responded to your application. However, if you are satisfied with the information supplied by PIOs South-West and Crime, you may prefer appeal to their 1st Appellate Authority respectively i.e. Jt. CP/ Southern Range and Jt. CP/ Crime.
Point 3: It is wrong to state that no intimation was given to you about the transfer of your application to other different units, whereas, your application was transferred to concerned units vide letter No. 1357-64/C&R/ Cell (RTI)/ Spl. Cell, dated 15.3.2007 by the PIO under intimation to you vide edst. No. 1365/C&R Cell (RTI)/Spl. Cell dated 15.3.2007.
Point 4: It requires no comment."
In file No. CIC/WB/A/2007/01073 Shri Ajit Kar stated that he was now dissatisfied only with answers received to questions 1, 8 and 10 as follows:
i) In answer to question (1) the PIO, Crime, Delhi Police has informed him that his complaint of 24-7-06 had been sent to ACP/AATS. However, in response to point No. 15 he has mentioned that the same application was sent to DCP, NW District for taking further necessary action. He, therefore, found this information contradictory.
ii) With regard to question 8 the following is the question asked and the answer received:
"Q. No.8 What are the facts and matters Delhi Police mandatory keeps beyond the access of the public specifically matters concerned with the Crime Branch of Delhi Police.
Ans. Delhi Police functions in total transparency and except matter which are required as per any law to be kept secret/ confidential or exempted under RTI Act."
Shri Ajit Kar submitted that the information that he has sought was specific to the Crime branch of Delhi Police but the answer is general and vague. Shri Ajit Kar specifically sought to know what facts and matters are 7 restricted from access to the public by law whereas the answer is general in terms of "any law".
(iii) With regard to question No. 10 the following is the question and answer:
"Q. 10 The applicant seeks access to the working of the officers catalogue, index of the records , daily diaries etc, and take noting and copies wherever necessary please to do make arrangement for the same in conveniences.
Ans. The catalogue of officers may be had on web site of Delhi Police. As regards providing copy of noting it is exempted rules 8 (1) of RTI Act, 2005."
Appellant Shri Kar submitted that what he wanted to know was what is the procedure for accessing the information sought by him but this has not been provided in the answer, which has skipped the point entirely.
Respondents Shri H.S. Bisht, and Shri Surender Kapoor submitted that with regard to question No.1 the whole application has been sent to ACP/AATS and part of it was further sent to DCP, NW. They were unable to clarify which part has been so forwarded.
With regard to question No. 8 respondents submitted that answers have been given in relation to the questions framed. With regard to question No. 10 however, DCP, NW submitted that in case an application is made by appellant Shri Ajit Kar to access any particular record, this would be provided in accordance with law. However, this is not stated in the answer that has been given.
DECISION NOTICE File No. CIC/WB/A/2007/01071 In this case an application has been moved before us before receipt of the order of 1st Appellate Authority. Now that these orders issued on 22-5-07, well within the time limit mandated by the law has been received by appellant Shri Ajit Kar, he is free to move a fresh second appeal before us u/s 19 (3) of 8 the RTI Act, if he so wishes with time limit starting from today. This appeal is disposed of accordingly.
File No. CIC/WB/A/2007/01073 In this case our orders are as follows:
The PIO, DCP, Crime will within one week provide to appellant Shri Ajit Kar the following:
a) The details of the disposal of his complaint of 24-7-06 including which part was being examined by the ACP/AATS and which part by the DCP, NW together with the present status.
b) In response to question No. 10 specific procedure for accessing records in order to obtain access to information as defined u/s 2 (j) of the RTI Act will be provided to the appellant Shri Ajit Kar.
Both pieces of information will be provided to appellant within 10 working days from the date of receipt of this decision notice. The appeal is thus allowed in part. There will be no costs.
Announced in the hearing. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 5-3-2009 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Pankaj K.P. Shreyaskar) Joint Registrar 5-3-2009 9 10