Central Information Commission
Dr Indrajit Khandekar vs National Commission For Women (Ncw) on 13 July, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. Sridhar Acharyulu (Madabhushi Sridhar), CIC
CIC/NCFWO/A/2018/618970
Dr. Indrajit Khandekar v. PIO, NCFWO
Order Sheet: RTI filed on 19.03.2018, CPIO replied on 21.03.2018, FAO on 20.04.2018, Second
appeal filing date - Nil, Hearing on 12.07.2018;
Proceedings on 12.07.2018: Appellant present from NIC Wardha, Public Authority represented
by Dr. Ravinder Kumar and Mr. Vikas Vinod Bhule
Date of Decision-12.07.2018: Disposed
ORDER
FACTS:
1. The appellant sought information pertaining to the documents on the following issues (1) section of criminal law which depicts that the wife can file a criminal case against the other person with whom the husband had a consensual sexual intercourse without the consent or connivance of his wife. (2) section of criminal law which depicts that the husband cannot have consensual sexual intercourse with other person without the consent or connivance of his wife. (3) section of criminal law which depicts that that, if husband had a sexual intercourse with other person without the consent or connivance of his wife thenthat other person is guilty of the criminally punishable offence. The CPIO replied on 28.03.2018 and stated that the information being sought appears to be in the nature of an opinion on advice of petitioners interest and cannot said to be included in the definition of information under section 2(f) of RTI Act 2005.
The FAA replied on 11.05.2018 and upheld the CPIO's reply. Being dissatisfied, theappellant approached this Commission. Decision :
2. The appellant sought the opinion of the Public Authority regarding provisions criminalising adultery under criminal law in India. The officers representing the Public Authority responded that they can only furnish information available in the public office and not clarification or opinion on laws or related subject-matter.
CIC/NCFWO/A/2018/618970 Page 1
3. The Commission finds the response given by the Public Authority reasonable and appropriate, there is no reason for intervention with their decision. Disposed of.
SD/-
(M.Sridhar Acharyulu)
Central Information Commissioner
CIC/NCFWO/A/2018/618970 Page 2