Central Information Commission
Mr. Gurvinder Singh Chadha vs Cbi on 1 February, 2011
Central Information Commission, New Delhi
File No.CIC/WB/A/2010/000426SM
Right to Information Act2005Under Section (19)
Date of hearing : 1 February 2011
Date of decision : 1 February 2011
Name of the Appellant : Shri Gurvinder Singh Chadha
3222, Govindpura, Haldwani,
Uttrakhand.
Name of the Public Authority : CPIO, Central Bureau of Investigation,
Special Crime, C1, Hutments,
Dalhousie Road, New Delhi.
The Appellant was present in person.
On behalf of the Respondent, the following were present:
(i) Shri M.K. Bhat, Sr. SP,
(ii) Shri Anil Yadav, Dy. SP
Chief Information Commissioner : Shri Satyananda Mishra
2. We heard this case through videoconferencing. The Appellant was present in the Nainital studio of the NIC. The Respondents were present in our chamber. We heard their submissions.
3. The Appellant had sought some information regarding the anti Sikh riots which had taken place in 1984 and the role of Sri Rajiv Gandhi, the then Prime CIC/WB/A/2010/000426SM Minister in those riots. The CPIO had informed him that in the absence of any specific reference to any case, they did not have any such information to share on this subject. During the hearing also, the Respondents reiterated the same arguments. They explained that there was no such report available in the CBI regarding the anti Sikh riots which had taken place in 1984. They further explained that the CBI had not investigated the role of the then Prime Minister in these riots. Thus, they submitted that they had no specific information to disclose.
4. After carefully considering the facts of the case and the submissions made by both the parties, we tend to agree with the above contentions of the Respondents. If the CBI does not hold any such information, we cannot compel the CPIO to disclose it. We would like to advise the Appellant that, if he so likes, he can seek any specific information that the CBI may have in its possession and the CPIO can then consider disclosing such information, if available, and if not exempted under any of the provisions of the Right to Information (RTI) Act.
5. The appeal is disposed off accordingly.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Chief Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
CIC/WB/A/2010/000426SM (Vijay Bhalla) Deputy Registrar CIC/WB/A/2010/000426SM