Central Information Commission
Prof. Bhushan Manchanda vs Delhi Police on 20 March, 2020
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DEPOL/A/2018/133288
CIC/DEPOL/A/2018/133287
Prof. Bhushan Manchanda, ... अपीलकताग/Appellant
VERSUS/बनाम
CPIO/ADCP-I, ...प्रनतवादीगण /Respondent
Delhi Police, South West District,
Vasant Vihar, New Delhi - 110057
Through: Shri Sanjeev Mandal, Inspector;
Shri Pankaj, SI and Shri Harbir, SI
Shri M.R. Meena, Inspector (133287)
Date of Hearing : 18.03.2020
Date of Decision : 20.03.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 27.11.2017
PIO replied on : 11.01.2018
First Appeal filed on : 29.01.2018
First Appellate Order on : 01.03.2018
2ndAppeal/complaint received on : 23.05.2018
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
CIC/DEPOL/A/2018/133288
Information soughtand background of the case:
The Appellant filed RTI application dated 27.11.2017 seeking information through 10points:
1. Whether the FIR has been registered with respect to the theft of the second Camera in terms of DD No. 46 B dated 9.10.17.
2. Provide information on reasons for not registering the FIR in case FIR not registered till date.
3. Provide information and details of action taken against erring Police officials for not registering the FIR with respect to DD No. 46 B dated 9.10.17.
4. Whether the miscreant/thief of the cameras on the Roof terrace has been identified? What are the names of the suspects and their addresses?
5. Details of investigation conducted. Please provide the report of the IO.
6. Name of IO and his Phone Number as also the names of Beat Constables and their Phone numbers.
7. When would the arrest be made? If arrest made, please provide information on the same.
8. By what time would the charge sheet be filed? If the chargesheet has been filed, please provide me with the copy of the charge sheet.
9. Provide information on steps taken by the Vasant Kunj (North) Police Station, New Delhi to provide safety and security to the senior citizens of Vasant Kunj, Sector A, Pocket C in view of the increasing thefts in this Colony in the last 6 months.
10. Provide reports for the months of August to November, 17 submitted by the Beat constables for the areas of Vasant Kunj, Sector A, Pocket C especially concerning the safety and security of the senior citizens.
(Queries are Verbatim) The PIO/ADCP furnished a point wise reply to the appellant vide letter dated 11.01.2018.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 29.01.2018.The FAA vide order dated 01.03.2018 upheld the reply of PIO and disposed off his first appeal.
Feeling aggrieved and dissatisfied, the Appellant approached the Commission in the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant attended the hearing through audio conference while Respondent is present in person during hearing. Appellant stated that the information provided by the Respondent was not according to the queries asked in the instant RTI application. He further requested that the Respondent may be directed to provide a copy of the investigation report, copy of charge-sheet, if filed, alongwith details of beat patrolling reports submitted by the beat constables. Appellant added that details of the suspect were also given to the Respondent alongwith his address. Upon being asked by the Commission as to how these details were obtained, Appellant clarified that he knows the suspect and at one such instance he had intruded on to the roof and photographs were taken which were provided to the Respondent.
Respondent submitted that as on this date, investigation has been concluded since it did not bear fruit. He further submitted that a Court order dated 17.11.2018, wherein the FIR no. 382/2017 was mentioned and that the Appellant/Appellant's spouse has expressed satisfaction with the investigation and had no objection if untrace report is accepted. He added that they have also investigated based on the details given by the Appellant but could not gather necessary information about the suspect. Shri Harbir, SI also volunteered to visit the Appellant who is a senior citizen to re-assure him of any assistance. He also agreed to provide documents demanded by the Appellant such as copy of the relevant Court order and FIR, as permissible under RTI Act and also to redress his grievance as far as possible.
Decision:
Commission has gone through the case records and on the basis of the proceedings during hearing directs the Respondent to provide copies of the relevant FIR, investigation report, charge-sheet and connected documents that are permissible under the RTI Act. A compliance report on this subject shall be submitted by the PIO before the Commission by 10.04.2020, failing which appropriate penal action will ensue.
CIC/DEPOL/A/2018/133287 Information sought and background of the case:
The Appellant filed RTI application dated 01.12.2017 seeking information through10 points:
1. Please provide me the copy of the Investigation report of the IO on the questioning/interrogation of the suspect/suspects with respect to the theft.
2. Kindly provide me the dates of the interrogation/questioning of the suspect/suspects with their name and addresses. In which location/address was the interrogation/questioning carried out by the Delhi Police.
3. When would the charge sheet be filed and against the persons. Please provide me the names of the person/persons in the charge sheet and provide me this information.
4. Please provide me a copy of the charge sheet if the same has been filed.
5. Kindly provide details of arrests if any in this case. Kindly provide me the names and addresses of the arrested persons.
6. Please provide me details of the recoveries made from the accused persons.
7. Please provide information whether the charge sheet has been filed in the Court. Necessary copy in this regard may be provided.
8. All other information with respect to the progress in this case including the grant of bail to the arrested persons, if so.
9. Kindly provide details of extra security steps taken for the safety of the senior citizens in view of increasing thefts in. Vasant Kunj, especially Sector A, Pocket C.
10. What are the steps taken by the Beat constables in the area to meet the senior citizens on a regular basis and assure them of safety and security in view of increasing thefts, break-ins, chain and purse snatching and robberies in Vasant Kunj.
(Queries are Verbatim) The PIO/ADCP furnished a point wise reply to the appellant vide letter dated 11.01.2018.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 29.01.2018. The FAA vide order dated 28.02.2018 upheld the reply of PIO and disposed off his first appeal.
Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant attended the hearing through audio conference while Respondent is present in person during hearing. Appellant stated that the information provided by the Respondent was not according to the queries asked in the instant RTI application. He further stated that as a senior citizen, he expressed his helplessness and insecurity regarding his life and well-being.
Respondent submitted that the instant FIR was filed online and that he assured the Commission that he will abide by the order of the Commission, if any in the matter.
Decision:
Commission has gone through the case records and on the basis of the proceedings during hearing directs the Respondent to provide copies of the relevant FIR, investigation report, charge-sheet and connected documents that are permissible under the RTI Act. A compliance report on this subject shall be submitted by the PIO before the Commission by 10.04.2020, failing which appropriate penal action will ensue.
Y. K. Sinha(वाई. के . नसन्द्हा) Information Commissioner(सूचना आयुक्त) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक)/ 011-26180514