Central Information Commission
Ramwati vs Delhi Police on 19 October, 2020
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/DEPOL/A/2018/632536
Smt Ramwati, ... अपीलकता/Appellant
VERSUS/बनाम
The PIO, ... ितवादीगण /Respondent
Delhi Police, O/o the ADCP/PIO,
SWD, Vasant Vihar, Delhi - 110057
Date of Hearing : 15.10.2020
Date of Decision : 19.10.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 13.06.2018
PIO replied on : 27.07.2018
First Appeal filed on : 13.08.2018
First Appellate Order on : No Reply
2ndAppeal/complaint dated : 28.09.2018
Information soughtand background of the case:
The Appellant filed RTI application dated 13.06.2018 seeking information on 04 points:
(Queries reproduced verbatim) Page 1 of 4 The Addl CP/PIO, Delhi Police vide letter dated 27.07.2018 furnished a point-wise response to the Appellant. Further, the PIO, FSL vide letter dated 31.08.2018 informed the Appellant that no record pertaining to DD No. 4A of PS Raghuvir Nagar was available with them.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 13.08.2018, which was not adjudicated by the First Appellate Authority. Therefore, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from the Appellant vide letter dated Nil wherein it was interalia prayed to direct the Respondent and FSL, Rohini to provide a copy of the Forensic Report of her husband Balwant Singh FSL-2010/B- 2465; certified copy of the Inquest Report filed by ACP Vasant Vihar and SDM and details of the persons against whom inquiry was conducted in the matter pertaining to her husband's death.
A written submission has also been received from the PIO, FSL dated 05.10.2020 wherein it was stated that the Forensic Sciences Laboratory, Delhi examines the crime exhibits referred by various investigating agencies like Delhi Police, Anti Corruption Branch, etc. After scientific examination of crime exhibits, FSL Examination Report alongwith case property is collected from the FSL by the concerned investigating agency. As per Section 207, CrPC, an applicant has the right to obtain his case related information from the concerned Investigating Officer. The accused may receive the copy of the FIR or any other document attached with the police report. However, it is the prerogative of the Magistrate, Prosecution Agency or Investigating Officer to provide documents like FSL report to the accused, since FSL is not aware of the status of the case whether it is completed or is under adjudication. The Appellant had filed an RTI at FSL vide letter dated 16.08.2018 seeking information and desired copy of report of cases submitted at FSL by Delhi Police. The desired information/ copy of report was already provided to the Appellant vide letter dated 31.08.2018/ 07.09.2018 and 18.03.2019.
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing on being contacted on her telephone. She requested that Shri Anshul Lukhad, her son, be allowed to appear on her behalf. During the hearing, the Appellant's representative stated that only the copies of the examination report were provided by the Respondent whereas he also desired the copy of the viscera analysis report of his deceased father.
Page 2 of 4The Respondent is represented by Shri Mali Ram Meena, SI, Delhi Police and Shri Subro Kumar Paul, PIO and Asst Director, Forensic Science Labs through audio conference. Shri Meena stated that investigation in the matter pertaining to the death of Late Shri Balwant Singh was carried out u/s 174 of CRPC subsequent to which it was concluded that it was a natural death. The FSL report received from the Forensic Science Labs was also provided to the Appellant. On being queried by the Commission whether the First Appeal in the instant matter was decided or not, Shri Meena replied in the affirmative and requested that he be allowed to submit a copy of the FAA's order together with the FSL report provided to the Appellant, to the Commission. He further stated that the records of PS South Campus, pertaining to the period prior to 2012 were ordered to be destroyed by the DCP, South District, New Delhi vide order dated 28.07.2016, a copy of which Shri Meena agreed to provide subsequent to the hearing. Shri Paul representing FSL stated that the examination report as well as the viscera report was provided by them to the Delhi Police. While emphasising that the report was confidential in nature, Shri Paul submitted that the accused had the right to obtain the case related information from the concerned Investigating Officer and it was the prerogative of the concerned Magistrate, Prosecution Agency or Investigating Officer to provide documents like FSL report to the accused. Moreover he stated that a similar matter was heard before the National Human Rights Commission (NHRC) and that as per its direction, a copy of the Viscera Report was handed over to the NHRC and the Appellant. The Appellant's representative however vehemently contested the aforementioned submission and reiterated that the copy of the viscera report was not handed over to them and that a copy of the same ought to be held in the records of Delhi Police subsequent to its receipt from FSL. In this context, he prayed that he would like to submit a copy of request letter dated 11.01.2019 sent by the DCP, South West District to the Director, FSL for providing the copies of 2 FSL reports pertaining to their case since it was missing in the Delhi Police records.
Subsequent to the hearing, the Appellant forwarded a copy of the request letter dated 11.01.2019 sent by the DCP, South West District to the Director, FSL requesting for copies of 2 FSL Reports i.e., FSL- 2010/ B-2465 and FSL- 2010/ B-2475. He also furnished a copy of the FSL Report No FSL- 2010/ B-2475 dated 10.04.2013 to indicate that the same was received by him while the other report i.e., FSL- 2010/ B-2465 was still not disclosed.
The Respondent (Delhi Police) also forwarded a copy of the order dated 28.07.2016 issued by the DCP South District pertaining to destruction of records prior to the year 2012 and a copy of the FSL Report No FSL- 2010/ B-2475 dated 10.04.2013.
Page 3 of 4DECISION:
Having heard both the parties and on perusal of the available records, the Commission observes that the primary issue for consideration is the disclosure of Viscera Analysis Report/ FSL Report No FSL- 2010/ B-2465 which the Appellant claims to be available with the Respondent (Delhi Police) on the ground that it was requested by them from FSL which stated during the hearing that they provided a copy of 2 two FSL reports to Delhi Police. However, the Respondent (Delhi Police) claimed that records prior to the year 2012 have been destroyed. The Respondent (Delhi Police) also failed to furnish a copy of FAAs order despite specific direction from the Commission. Therefore, taking into consideration the sensitivities involved in the matter and the aforementioned observations, the Commission directs Shri Devender Arya, Dy Commissioner of Police, South West District and FAA to examine the matter and provide a clear, cogent and specific direction after ascertaining the availability of information either with Delhi Police or FSL. The aforementioned direction shall be complied with by 30.11.2020 under intimation to the Commission.
With the above direction, the instant Second Appeal stands disposed off accordingly.
Y. K. Sinha ( वाई. के . िस हा) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणतस ािपत ित) Ram Parkash Grover (राम काश ोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 4 of 4