Central Information Commission
Mr.Pradeep Kumar vs National Human Rights Commission on 29 November, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/001560
Dated: 29.11.2012
Name of Appellant : Shri Pradeep Kumar
Name of Respondent : National Human Rights Commission
Date of Hearing : 20.11.2012
ORDER
Shri Pradeep Kumar, hereinafter called the appellant has filed the present complaint dated 27.3.2012 before the Commission against the respondent National Human Rights Commission (NHRC), New Delhi for denial of information in response to his RTI application dated 1.9.2011. The appellant was present along with Ms. Mukta Dutta, Advocate, whereas the respondent were represented by Shri Jaimini Kumar Srivastava, CPIO and Shri Khaleel Ahmad, A.R. (Law).
2. The appellant through his RTI application dated 1.9.2011 sought information on the following four queries: : "(1) Copy of complaint in case No. 2951/30/0/2011 filed by Gopal Krishna of Toxics Watch Alliance; (2) Copy of notice issued by NHRC to various States/ Union Territories in the abovementioned case; (3) Copies of replies/responses received from various States/ Union Territories pursuant to the notice issued by NHRC in the abovementioned case; and (4) Action taken/ status report in the abovementioned case". The CPIO vide his letter No. 16(1)/PIO/2005(RTI)/5278 dated 11.10.2011 has informed the appellant that the third party i.e. Shri Gopal Krishna has 2 Case No. CIC/SS/A/2012/001560 expressed reservation on showing any reports till the final order of the NHRC in the matter.
3. Aggrieved with the reply of the CPIO, the appellant filed first appeal on 29.11.2011 before the FAA. The FAA vide his order No. 16(1)/PIO/2005 (RTI)/5278 dated 12.1.2012 held that the original complainant Shri Gopal Krishna did not give his consent to share the information as sought by the appellant till a final decision is taken by the Commission in the matter. Further, the copies of the notices of the Commission also contain the contents of the complaint in detail which may invite Section 8(1) (j) of the RTI Act. As decided by the Commission, the reports from different State authorities will be shared only after arriving at the final proceedings by the Commission in the matter.
4. During the hearing the respondent state that in the instant case i.e. Case No. 2951/30/0/2011, the matter is still pending before the NHRC. The Commission on 15.10.2012 has directed the Asbestos Cement Products Manufacturers Association, New Delhi to appear before the Commission on 31.12.2012 so as to enable them to present their case. The requisite reports are also awaited from some of the States/ Union Territory authorities. In view of the decision of the NHRC adopted in the meeting pertaining to Administrative Business held on 15.12.2009 held: "that copies of reports on specific complaints submitted by the investigation team of the Commission or by Commission's authorized representatives or received from the Government or other authorities may be supplied under the RTI only after final order is passed in the case". In view of this the respondent reiterate that the copies of complaint/reports etc. will be made available to the applicant only after a final decision is taken by the Commission in the matter.
5. Having considered the submissions of the parties, the Commission is of the view that the appellant has the right to have a copy of the complaint made by Shri Gopal Krishna of Toxics Watch Alliance against the appellant's Association more so in view of the fact that they have been directed to appear before the 3 Case No. CIC/SS/A/2012/001560 Commission on 31.12.2012 to present their case. The Commission therefore directs the CPIO to a provide copy of the complaint as sought for by the appellant at Point No. 1 of the RTI application. In case some of the information is not disclosable these may be severed by invoking Section 10 of the RTI Act. The directions of the Commission are to be complied with within two weeks of receipt of this order. On remaining points the reply of the respondent is upheld in view of the fact that the matter is still under enquiry/investigation and therefore the provisions of Section 8(1) (h) of the RTI Act, 2005 apply.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Pradeep Kumar, C/O Asbestos Cement Products Manufacturers Association, 502, Mansarovar, 90 Nehru Place, New Delhi-110019.
The CPIO, National Human Rights Commission, Copernicus Marg, New Delhi-110001.
The First Appellate Authority, National Human Rights Commission, Copernicus Marg, New Delhi-110001.