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Central Information Commission

Mr.Malkait Singh Bajwa vs Ministry Of Home Affairs on 21 May, 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/2012/000700
                                                                    Dated: 21.05.2012

Name of Appellant                     :        Shri Malkiat Singh Bajwa

Name of Respondent                    :        Ministry of Home Affairs

Date of Hearing                       :        14.05.2012

                                           ORDER

Shri Malkiat Singh Bajwa, hereinafter called the appellant has filed this appeal dated 27.12.2011 before the Commission against the respondent Ministry of Home Affairs, New Delhi for not providing requisite information to his RTI- application dated 15.5.2010. The matter came up for hearing on 14.05.2012. The appellant was present, and the respondent were represented by Shri Hitlar Singh, Section Officer and Shri Gopal Ram, Assistant.

2. The appellant filed an application dated 15.5.2010 under the RTI Act, 2005 in which he sought information on the following four queries pertaining to ten Commissions/Committees reports, set up on anti- Sikhs violence in October-November, 1984 and Delhi, New Delhi and other parts of the country - "(1) Copies of ten Commission/.Committee's report; (2) Name the authority with whose direction all the above committees/Commissions were constituted; (3) Provide the expenses incurred in each Commission/Committee; and (4) Copy of the action taken report by GOI on each Commission/Committee's report". The CPIO vide letter No. 2 Case No. CIC/SS/A/2012/000700 U.14011/28/2010-Delhi-I(NC) dated 15.6.2010 informed the appellant on Point Nos. 1 and 4 of the RTI-application that GOI in the Ministry had set up only two Commissions viz. Mishra Commission and Nanavati Commission on 1984 anti-Sikh riots. Rest of the Committees had been set up by GNCTD in pursuance of the recommendations of the Mishra Commission or otherwise. The reports and action taken reports on these two Commissions are out of stock but are available on the website of the Ministry. As regards rest of the reports and action reports on the Committees set up by GNCTD, his application was transferred u/s 6(3) of the RTI Act, 2005 to GNCT of Delhi for taking necessary action. At Point No. 2 the appellant was informed that the introductory of the report of the Nanavati Commission at page 1 States, "Considering the feeling of the Sikh community and criticism of the bodies concerned with protection of human rights and civil liberties, the GOI appointed a Commission headed by Mr. Justice Ranganath Mishra, the then Hon'ble Chief Justice of India, under Section 3 of the Commissions of Inquiry Act, 1952". Similarly, Justice Nanavati Commission of Inquiry in its report at page 7 has noted, "as there was wide spread demand from different sections of the public, particularly the Sikh Community for an inquiry into several aspects of violence, abuse of authority, remissness and apathy of law enforcement agencies and those who were in position to exercise control over them, excesses committed and action taken or purported to be taken in the wake of criminal riots, the Central Government thought it necessary to appoint a Commission of Inquiry headed by Justice Nanavati Commission of Inquiry by issuing a notification to that effect on 8.5.2000.". On Point No. 3 the appellant was informed that the information is not available with regard to Mr. Justice Ranganath Mishra Commission and as regards Justice Nanavati Commission of Inquiry, an amount of Rs. 1, 12, 51,000/- was incurred by the Commission.

3. Aggrieved with the reply of the CPIO, the appellant filed first-appeal on 4.3.2011 before the FAA. The FAA vide his letter dated 22.3.2011 upheld the reply of the CPIO.

4. Having considered the submissions of the parties, the Commission observes that on Point No. 3 of the RTI application the CPIO has not provided figures of expenditure incurred on Mr. Justice Ranganath Mishra Commission stating that this information is not available. The Commission hereby directs the CPIO to provide specific reply to the appellant why this information is not available with the CPIO, within two weeks of receipt of this order. On remaining points the Commission is of the view that information held by the respondent as per record has been provided to the appellant.

The matter is disposed of with the above directions.

(Sushma Singh) Information Commissioner Authenticated true copy:

(K.K. Sharma) OSD & Deputy Registrar Address of the parties:

Shri Malkiat Singh Bajwa, 3, Ashok Road, New Cantt, Allahabad-211001.

The CPIO, Ministry of Home Affairs, North Block, New Delhi-110001.

The First Appellate Authority, Ministry of Home Affairs, North Block, New Delhi-110001.