Central Information Commission
Shri R.K. Arya vs Deputy Commissioner Of Police (Dcp), ... on 9 April, 2009
CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2007/01614 & 1694 dated 3-12-2007
Right to Information Act 2005 - Section 19
Appellant: Shri R.K. Arya
Respondent: Deputy Commissioner of Police (DCP), Economic Offences
Wing (EOW).
FACTS
These are two appeals submitted by Shri R.K Arya of Krishna Nagar, Delhi in his quest for information from Dy. Commissioner of Police, EOW.
File No. CIC/WB/A/2007/01614 In this application of 8-3-07 Shri R.K. Arya sought the following information:
(i) Please tell where Sub Inspector Suresh Lakra, Delhi Police, EOW, was deputed on 19-2-2007 at about 11.00 AM to 3.00 PM. Please supply the copy of D.D. entry, which was prepared for departure and return of S.I. Suresh Lakra and any other document which department maintain in this regard, please supply copy of the same.
(ii) Please supply copy of D.D. Entry dated 5.4.2006, 6.4.2006 and 7.4.2006 of both registers i.e. A&B, Daily Diary of EOW Cell, Crime Branch, Delhi.
To this he received a response from the DCP, EOW dated 7-4-07 as below:
"The para-wise reply to the information sought by you is as under:
1. On 19.02.2007, S.I. Suresh Kumar Lakra was reportedly busy in the process of development of a secret information given by an informer related to a case under investigation with him. The copy of DD entries pertaining to investigation of a case finds mention in the case diary and the same is covered under the exemption clause 8(1) (h) of RTI Act, 2005.
2. The copy of DD entries dated 05/04/2006, 06/04/2006 & 07/04/2006 of EOW are the essential part of investigation of case FIR No. 140/06 P.S. Krishna Nagar, Delhi. Hence, it cannot be provided at this stage being exempted under 8(1) (h) of RTI Act.1
Not satisfied with this response Shri Arya moved his first appeal before JCP (Crime) on 5-5-07 contending that "Copy of DD Entry and of Roznamcha are public documents and as per Section 74 of Indian Evidence Act."
Upon this he received an order dated 25-5-07 upholding the response of the CPIO as follows:
The copies of DD entry dated 5/4/2006, 6/4/2006 and 7/4/2006 cannot be furnished to the appellant being related to the investigation of the referred case, which is still in progress and the appellant is an accused in this case.
In the above facts and circumstance, the PIO has correctly denied the copies of D.D. entry being covered under the exemption of section 8(1) (h) of the RTI Act as sharing of the information sought at this stage may impede the investigation. Hence, the decision of PIO is upheld.
Appellant's prayer before us in his second appeal is as below:
"Relief sought against the act & conduct/gross negligence of the said PIO & the First Appellate Authority under Right to Information Act, 2005."
File No. CIC/WB/A/2007/01694 In this case through another application of 8-3-07 Shri R.K. Arya sought the following information from the DCP:
1. Please supply D.D. entry of both Registers, i.e. A&B dated 6-3- 2007.
2. Please tell where was deputed S.I. Suresh Lakra on 6.3.2007?
3. What entries were made by him on 6-3-2007?
4. Please tell why & for which purpose, S.I. Suresh Lakra has gone to Tis Hazari Courts, Delhi-54? Please explain. Who had directed or authorized him to appear on aforesaid dates in the court.
Shri Arya received a response again dated 7-4-07 which is as below:
1. "The daily diary of an investigation unit contains many entries related to enquiry and investigation of various cases of utmost Importance whose revelation may hamper the investigation. Therefore the same cannot be supplied being exempted under clause 8(i) h of the Act 2005.
2. On 06.03.2007, S.I. Suresh Kumar Lakra was reportedly busy in development of a secret information provided by an informer in a case under investigation with him.
3. No DD entry was lodged by him.2
4. S.I. Suresh Lakra reportedly has not gone to Tis Hazari Courts on 06.03.2007.
In this case Shri Arya moved first appeal also on 5-5-07 before JCP (Crime), pleading that "Ld. CPIO instead of provide the information of foregoing contents, admitting that SI Suresh Lakra had gone to Tis Hazari on 6-3-2007, which in fact was not the question of appellant and on these contents appellant has not put his wish to provide the information and beside this no information was provided by Ld. CPIO." Upon this he received an order also dated 25-5-07 as below:
"The PIO has examined the request and furnished point-wise consolidated information to the appellant which is clear and an ambiguous. Since the appellant has sought copies of DD entry of both the registers A&B recorded on 6.3.07, the same cannot be furnished to the appellant as it may contains essential detail pertaining to enquiry and investigation of various cases including the referred one. The appellant is, however, advised to mention the specific D.D. entry so that PIO can examine afresh in order to facilitate the information as per the provision of RTI Act.
In the above facts and circumstances, the order of PIO is found correct and upheld.
Shri R.K. Arya's prayer before us in his second appeal is identical to that in file CIC/WB/A/2007/01614 Both appeals being on a related issue between the same parties are clubbed together for hearing on 9th April, 2009. The following are present:
Appellant Shri Rajender Kumar Arya Shri Ramesh Kumargal Respondent Shri K.K. Vyas, DCP/EOW Inspector Ramesh Chander, EOW S.I. Mahendra Mishra, EOW The issue before us is clearly the disclosabilty of DD entries. Shri K.K. Vyas, DCP, EOW submitted that in his request now in appeal in File No. CIC/WB/A/2007/01694 Shri Arya has sought DD entries in two registers dated 6-3-07. This would mean a request DD entries not concerning his case alone but of others, many of them that are still under investigation. However, Shri 3 Arya clarified that the DD entries which he sought are only with regard to the case(s) pertaining to him.
Shri K.K. Vyas DCP, EOW submitted that the investigation is now complete and the cases have been charge-sheeted. He has, therefore, no objection to disclosing the information sought to appellant Shri R.K. Arya.
DECISION NOTICE The investigation being complete and the information sought now no longer being an issue u/s 8 (1) sub-section (h) of the Act with regard to impeding the prosecution, the information sought by appellant Shri R.K. Arya regarding DD entries with regard to any case in which he is party will be supplied to him within ten working days of the date of receipt of this decision notice. Both the appeals are therefore, allowed. 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 9-4-2009 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 9-4-2009 4