Central Information Commission
Ms.Purnima vs Government Of Nct Of Delhi on 5 February, 2014
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
Case No. Name of Appellant Respondent
Hearing Date : 31/1/2014
CIC/AD/A/2012/003617SA Bhuneshwar District Election Officer,
CIC/AD/A/2012/003618SA Pappu Singh North East, GNCTD
Hearing Date : 5/2/2014
CIC/AD/A/2012/003619SA Shehnaz
CIC/AD/A/2012/003620SA Annesha begum
CIC/AD/A/2012/003621SA Sheikh Saleem District Election Officer,
CIC/AD/A/2012/003622SA Anwar North East, GNCTD
CIC/AD/A/2012/003623SA Nagina
CIC/AD/A/2012/003624SA Samim
CIC/AD/A/2012/003626SA Rajesh
CIC/AD/A/2012/003627SA Hameedan Nisha
Hearing Date : 10/2/2014
CIC/AD/A/2012/003628SA Mohd. Ali
CIC/AD/A/2012/003629SA Roshan Arora
CIC/AD/A/2012/003631SA Vinay Kumar District Election Officer,
CIC/AD/A/2012/003632SA Sonia North East, GNCTD
CIC/AD/A/2012/003633SA Ahram
CIC/AD/A/2012/003634SA Kinni Singh
CIC/AD/A/2012/003635SA Nazma
Hearing Date : 13/2/2014
CIC/AD/A/2012/003637SA Ram Dulari
CIC/AD/A/2012/003638SA Chote Lal
CIC/AD/A/2012/003639SA Rahila District Election Officer,
CIC/AD/A/2012/003640SA Baby Devi North East, GNCTD
CIC/AD/A/2012/003641SA Kanhaiya Das
CIC/AD/A/2012/003642SA Purnima
CIC/AD/A/2012/003643SA Mumtaj
Hearing Date : 17/2/2014
CIC/AD/A/2012/003644SA Phool Kumari
CIC/AD/A/2012/003645SA Sabir District Election Officer,
CIC/AD/A/2012/003646SA Lalu Khan North East, GNCTD
CIC/AD/A/2012/003647SA Kharun Bibi
CIC/AD/A/2012/003636SA Munni Begum
Date of decision : 5.2.2014
Information Commissioner : Prof. M. Sridhar Acharyulu
(Madabhushi Sridhar)
Referred Sections : Sections 3, 19(3) of the
RTI Act
Result : Appeal allowed / disposed of
FACTS
The Case No.CIC/AD/A/2012/003617SA and CIC/AD/A/2012/003618SA were listed for hearing on 31st January, 2014. Appellants were not present. The Public Authority was represented by Shri Rakesh Kumar Ken, AERO and Shri Pramod Kumar, UDC.
2. After the hearing got concluded, Commission received an email from Shri Rajiv Kumar of Pardarshita stating that nearly 27 people had filed the RTI application on the same issue with the same Public Authority. On scrutiny of records, it was noted that two more cases viz. CIC/AD/A/2012/003641SA and CIC/AD/A/2012/003645SA also relate to the same issue filed with the same Public Authority. Accordingly, it was decided to combine all the cases and dispose of them through a common order.
3. The matter in all the cases was heard on 5th February 2014. Appellants were represented by Shri Rakesh Thakur. Public Authority was represented by Shri Rakesh Kumar Ken, AERO and Shri Pramod Kumar, UDC.
4. The Appellants (total 29) filed an RTI Application on various dates with the PIO, District Election Officer, NorthEast, GNCTD seeking the following information:
i) Copy of the enquiry report based on which my name was deleted from the voters list
ii) Before deleting the name from the voters list, notice has to be issued. Whether any notice has been served on me. If so, a certified photocopy of the proof of despatch may be provided.
iii) If no notice has been served, please inform me the name, designation and address of the officer/official on whose orders the notice has not been served.
iv) From 1st January 2011 to till date, in the assembly constituency of Seemapuri, how many names were deleted from the voters list. Please provide a list of those voters including their name, father's/husband's name, address, voter card No. and the reasons for deleting their names from the voter list
v) If my name has been deleted because of carelessness of the officials of the Public Authority, when will the error be rectified and and my name included in the voters list.
The PIO replied as follows:
i, ii & iii) As per the letter dt.14.7.2008 of the Special Branch, Delhi Police there were large scale Bangladeshi Nationals residing in Seemapuri Area. Based on that letter, an enquiry was conducted by BLO and the names of those voters who are not able to produce their residential proof were deleted.
iv) As per computer data, names of 229 people were deleted from the voters list upto May 2012. Once the names are deleted, it is not possible to supply the information sought.
v) Information as given in points (i), (ii) and (iii). If any person wants to include his name in the voters list, he should fill Form 6 and fulfill the conditions listed therein. After due verification, the names will be included.
Not satisfied with the reply, the Appellants filed an appeal with the Appellate Authority. The Appellate Authority disposed of the appeals holding that no intervention is required when the available information has been furnished.
Being aggrieved with the reply, the Appellant filed a second appeal before the Commission.
5. During the hearing, Shri Rakesh Thakur representing Appellants submitted that Appellants were not Bangladeshi nationals, their names were deleted without issuing a notice and their names were deleted on the oral orders. He wanted the basis for the deletion of the names of the Appellants and also demanded the copy of the enquiry report. The Respondent officer submitted that 17 Appellants were included in the voters list. Their names are given below:
i) Ms.Shehnaz
ii) Ms.Annesha Begum
iii) Shri Anwar
iv) Ms. Nagina
v) Shri Shamim
vi) Shri Rajesh
vii) Ms.Hameedam Nisha
viii) Mohd. Ali
ix) Shri Vinay Kumar
x) Ms. Sonia
xi) Ms. Kinni Singh
xii) Shri Ram Dulari
xiii) Shri Chote Lal
xiv) Ms. Rahila
xv) Shri Kanhaiya Dass
xvi) Ms.Purnima
xvii) Ms. Munni Begum
6. With regard to other 12 Appellants, the Respondent Officer was ready to offer an opportunity to them to establish their residential identity in India to show that they are not illegal migrants from Bangladesh, within ten days.
7. Shri Rakesh Thakur insisted on imposition of penalty for giving misleading information and also insisted that those who suffered the loss because of this misleading information should also be compensated.
8. With regard to the compensation sought by the Appellants, Commission directs the Appellants to submit proof of the losses incurred by them due to the alleged misleading information by the PIO. They are directed to submit their details to the Commission with a copy to the PIO and the same should be submitted within fifteen days of receipt of this order.
9. Excerpts from the letter dt.14.7.08 by Shri Ujjwal Mishra, Addl.
Commissioner of Police, Special Branch, Delhi addressed to Shri Shantonu Sen, OSD(PG) to LG Delhi are given below:
It is submitted that no specific number of such illegal migrant unauthorisedly staying Bangladeshi migrants can be given but surely they are lacs in number. Taking advantage of their physical features and ethnic similarities and language spoken they have mixed up with the Indian population and are staying in various identified jhuggies cluster in the NCT of Delhi. The illegal migrants are mostly staying in the area of Seelampur, Seemapuri, Azadpur Market........Taking advantage of it many of them have succeeding in obtaining ration cards, Indian election commission identity cards and other Indian documents including Indian Passport by giving false and fraudulent information to the authorities concerned....
In reply to para 9, it is stated that most of them are living in large JJ cluster which are dispersed over various parts of the city. A majority of them are working as unskilled labour in the informal and household sectors. They constitute cheap labour. Their number have been growing over the years because of better economic prospects for them in India. They pose a strain on the civic services and contribute to crime and social tensions. Therefore illegal activities by such illegal migrants of Bangladesh living in slum area of Delhi are not ruled out.
To ensure that the Bangladeshi illegal migrants do not succeed in getting photo voter identity cards the following precautions should be taken before issuing the cards.
i) Special precautions needs to be taken while issuing photo voter identity card to Bangla speaking persons in slums and unauthorized localities.
ii) They could be asked to produce a birth certificate duly issued by municipal committee.
iii) Their permanent address be got verified by sending their given particulars to their native place through the concerned police station.
iv) No birth certificate/certificate issued by the Sarpanch or Gram Pradhan of village be entertained. In fact, they must be resubmitted for police verification.
v) The sub registrar be directed not to register sale deed of any property of Bangla speaking persons without certificate issued by SDM about their permanent address using the above outlined procedure.
vi) Food and supply department shall also take some precautions while issuing ration cards because these later become a document supporting claim to a particular address and identity. Ration cards are generally accepted as a proof of utility/residence and hence need to be issued only after complete verification.
10. If the enquiry report did not contain the names of Appellants to be deleted then the deletion of their names from the voters list would be a wrongful action and furnishing the information that they are deleted from the voters list because of enquiry report would become a wrongful information. To know whether the Inquiry Officer recommended removal of names of 29 Appellants, it is necessary to have the copy of enquiry report. If any one name out of those 29 Appellants is included in the report, that nameholder have to be suspected as noncitizen of this country and if it is established that he is not a citizen, under RTI Act, he will not have a right to seek information. Conversely, if any one name out of 29 is not recommended to be deleted by the Inquiry Officer, it would amount to wrongful denial of right to vote and right to information. Hence the Commission directs :
a) the PIO to furnish the enquiry report to the Appellants with a copy to the Commission within twenty days of receipt of this order.
b) the PIO to furnish information whether other 12 applicants are found eligible to be included in voters list and also eligible for ration card.
c) the then PIO to show cause as to why penalty u/s 20 should not be imposed for providing misleading information. He is directed to submit his written explanation so as to reach the Commission within three weeks of receipt of this order. The present PIO is directed to forward a copy of this order to the then PIO.
11. The appeals are disposed accordingly.
(M. Sridhar Acharyulu) Information Commissioner Authenticated true copy (Tarun Kumar) Additional Registrar Address of parties
1. The CPIO District Election Officer SDM(Election) District : NorthEast Govt. of NCT of Delhi DC Office Complex Nand Nagri Delhi 110 093
2. 29 Appellants (List attached) List of Appellants 1 Shri Bhuneshwar 2 Shri Pappu Singh E44/B362 E44 / C162 New Seemapuri New Seemapuri Delhi 110095 Delhi 110 095 3 Ms.Shehnaz 4 Ms.Aneesha Begum E44/B206 E44/B243 New Seemapuri New Seemapuri Delhi 110 095 Delhi 110 095 5 Shri Sheikh Saleem 6 Shri Anwar E44/B476 E44/B206 New Seemapuri New Seemapuri Delhi 110 095 Delhi 110095 7 Ms.Nagina 8 Shri Samim E44/B204 E44/A242 New Seemapuri New Seemapuri Delhi 110095 Delhi 110 095 9 Shri Rajesh 10 Ms.Hameeda Nisha E44/A239 E44/B316 New Seemapuri New Seemapuri Delhi 110095 Delhi 110095 11 Mohd. Ali 12 Shri Roshan Ara E44/B316 E44/B476 New Seemapuri New Seemapuri Delhi 110095 Delhi 110095 13 Shri Vinay Kumar 14 Ms.Sonia E44/A239 E44/A239 New Seemapuri New Seemapuri Delhi 110095 Delhi 110095 15 Shri Akram 16 Ms.Kinni Singh E44/A242 E44/A239 New Seemapuri New Seemapuri Delhi 110095 Delhi 110095 17 Ms.Nazma 18 Shri Ram Dulari E44/A242 E44/A239 New Seemapuri New Seemapuri Delhi 110095 Delhi 110095 19 Shri Chhote Lal 20 Ms.Rohilla E44/A239 E44/B298 New Seemapuri New Seemapuri Delhi 110095 Delhi 110095 21 Ms.Baby Devi 22 Shri Kanhaiya Dass E44/C162 E44/C148 New Seemapuri New Seemapuri Delhi 110095 Delhi 110095 23 Ms.Purnima 24 Ms.Mumtaj E44/C148 E44/A134 New Seemapuri New Seemapuri Delhi 110095 Delhi 110095 25 Ms.Phool Kumari 26 Shri Sabir E44/B501 E44/B206 New Seemapuri New Seemapuri Delhi 110095 Delhi 110095 27 Shri Lalu Khan 28 Ms.Kharun Bibi E44/A242 E44/A243 New Seemapuri New Seemapuri Delhi 110095 Delhi 110095 29 Ms.Munni Begum E44/B190 New Seemapuri Delhi 110095