Central Information Commission
Mr.Anwar Abdulgani Bagwan vs Ministry Of Health And Family Welfare on 7 March, 2013
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/A/2013/000457
Appellant : Dr. Anwar Abdulgani Bagwan
Respondent : Indian Pharmacopoeia Commission (IPC), New Delhi
Date of hearing : 7.3.2013
Date of decision : 7.3.2013
FACTS
Heard today dated 7.3.2013. Appellant not present. The public authority is represented by Dr. G. N. Singh, Secretary of IPC and Shri K. K. Singh (CPIO).
2. It is noticed that in the RTI application dated 6.9.2012, the appellant had sought copies of National Formulary of India and Indian Pharmacopoeia (latest edition). He had also contended that since he was an under trial prisoner, he could be considered to be a person below the poverty line, and, therefore, was entitled to this information, free of cost. The CPIO, vide letter dated 5.9.2012, had informed the appellant that the books requested for by the appellant were priced documents and could be supplied to the appellant on payment of price thereof as per enclosed price list. On appeal, the AA, vide letter dated 6.11.2012, had taken the view that in the absence of authenticated BPL certificate in favour of the appellant, the requested publications could not be supplied, free of cost.
3. It has been the consistent view of this Commission that the word 'information' as defined u/s 2(f) of the RTI Act, means information which is in the exclusive possession and control of the CPIO. A priced publication is available in the open market and anybody, including a non-citizen, can buy it off the shelf on payment of the price thereof. The priced publication, therefore, cannot be said to be in the exclusive possession and control of the CPIO as it is available to anybody and everybody who pays the price. Viewed thus, the request of the appellant for supply of the priced publications, free of cost, cannot be accepted as it is not information u/s 2 (f) of the RTI Act. It is also pertinent to mention that the price of the publications in question ranges upto Rs. 25,000/- per copy. If any public authority were to supply these high value books, free of cost, to everyone, very soon it will go bankrupt. Thus, looked at from any angle, the appellant's request for supply of priced publications, free of cost, is not entertainable. The appeal warrants dismissed. Dismissed.
Sd/-
(M.L. Sharma) Central Information Commissioner 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.
(K L Das) Dy. Registrar Address of parties
1. The CPIO Indian Pharmacopoeia Commission, Sec-23, Raj Nagar, Ghaziabad, Uttar Pradesh - 201002
2. Dr. Anwar Abdulgani Bagwan UT-BBC-25, Taloja Central Prison, Navi Mumbai, Kharghar, Raigad - 410210