Central Information Commission
Yogesh Mahajan vs Ministry Of Home Affairs on 20 September, 2017
CENTRAL INFORMATION COMMISSION
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi-110066
Decision No. CIC/SB/C/2016/000364, dated 18.09.2017
Shri Yogesh Mahajan v. The Central Public Information Officer (CPIO),
Ministry of Home Affairs
Relevant dates emerging from the Complaint:
RTI: 04.12.2015 FA: 31.01.2016 Complaint: 09.06.2016
CPIO: No reply FAAO: No Order Hearing: 31.08.2017/
18.09.2017
ORDER
1. The complainant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Ministry of Home Affairs (MHA), New Delhi seeking information on two points in connection with a case titled "Social Action Forum & Anr v. Union of India", W. P. (C) No. 73/2015 filed before the Hon'ble Supreme Court of India, including, inter alia, (i) a copy of the Guidelines framed by the Social Action Forum in pursuance to the Notice issued by the Court on 27.11.2015 and (ii) the information pertaining to the discrepancies which are there in the Guidelines framed by the Ministries of the Union of India and some High Courts with regard to the registration of the FIRs, arrest and bail in cases filed under Section 498A of the Indian Penal Code, 1860 (IPC).
2. The complainant filed a complaint before the Commission on the grounds that neither the CPIO nor the FAA provided any information. The complainant requested the Commission to pass appropriate orders and directions as per the provisions of the RTI Act.
Page | 1 Hearing on 31.08.2016:
3. The complainant was not present despite notice. The respondent vide his e-mail dated 21.08.2017 had sought exemption from personal appearance.
4. The respondent vide e-mail dated 21.08.2017 requested the Commission to adjourn the matter and fix another date of hearing as the CPIO has to appear before the Supreme Court of India in connection with some other case.
Interim Decision:
5. The Commission considered the request of the respondent and adjourns the matter to 18.09.2017 at 01.45 pm. Hearing on 18.09.2017
6. The complainant, Shri Yogesh Mahajan, was not present despite notice. The respondent, Shri Lokesh C. Singh, Section Officer, Judicial Cell- I, Ministry of Home Affairs, was present in person.
7. The respondent submitted that neither the RTI application nor the first appeal of the complainant was received in their Section. The respondent further submitted that it was only after a Notice of Hearing in the matter at hand was received by him, that he had procured a copy of the RTI application from the Registry of this Bench. On perusal of the same, it was determined that the information sought by the complainant was not available with them. This was further validated by the fact that the respondents in the matter of W. P. (C) No. 73/2015 filed before the Hon'ble Supreme Court of India are the Ministry of Women and Child Development (MoW&CD) and the Ministry of Law and Justice (MoL&J). Therefore, no Notice was received by the MHA in this regard and therefore, no information could have been provided by the MHA to the complainant. The respondent also apprised the Commission that the matter concerning W. P. (C) No. 73/2015 is sub judice before the Hon'ble Supreme Court of India and as per Page | 2 the last Order dated 07.04.2017 in the matter, certain Guidelines have been formulated by the Social Action Forum for the registration of the FIRs against the offences committed under Section 498A of the IPC and also concerning the arrest and bail provisions in such matters. The Hon'ble Supreme Court of India has also recorded an observation to the effect that the Learned Counsel for the Union of India "will look into the guidelines and give a response".
Decision
8. The Commission, after hearing the submissions of the respondent and perusing the records, notes the respondents' averments that neither the RTI application nor the first appeal of the complainant was received in their Section. In view of this, the Commission directs the CPIO, Ministry of Home Affairs (MHA), to file an affidavit with the Commission deposing that neither the RTI application nor the first appeal of the complainant was received in their Section. A copy of the affidavit shall also be provided to the complainant. The above directions of the Commission shall be complied with by the CPIO, MHA, within a period of four weeks from the date of receipt of a copy of this order.
9. The Commission also observes that since the respondents in the matter of W. P. (C) No. 73/2015 filed before the Hon'ble Supreme Court of India were the Ministry of Women and Child Development (MoW&CD) and the Ministry of Law and Justice (MoL&J), no information can be provided by the MHA to the complainant.
10. With the above observations, the complaint is disposed of.
11. Copy of the decision be provided free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (S.S. Rohilla) Designated Officer Page | 3 Addresses of the parties
1. The Central Public Information Officer (CPIO), Ministry of Home Affairs, North Block, New Delhi-110 001.
2. Shri Yogesh Mahajan, Page | 4