Central Information Commission
Kalyan Halder vs Law Commission Of India on 4 June, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/LCOMI/A/2024/615516.
Shri. KALYAN HALDER. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Law Commission of India.
Date of Hearing : 02.06.2025
Date of Decision : 02.06.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 17.02.2024
PIO replied on : 15.03.2024
First Appeal filed on : 15.03.2024
First Appellate Order on : 12.04.2024
2 Appeal/complaint received on
nd : 15.04.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 17.02.2024 seeking information on following points:-
"SUBJECT I Kalyan Halder filing RTI application to seek information about the function of law commission of india to conduct legal research your office role in recommending the enactment of new law that is bharatiya nagrik suraksha sanhita replacing code of criminal procedure 1973 that may be needed to implement the direct principles of state policy of india and to achieve the objectives of the constitution as formulated in the preamble as directive principles of state policy of india are the guidelines to be followed by the government of india for the governance of the country and they are not enforceable by any court but the principles laid down there are considered fundamental in the governance of the country which makes it duty of the state of west Bengal to apply these principles in making laws to establish a just society in the country and article 37 of the Constitution of India talks about the application of directive Principles provided under article 36 to article 51 of the constitution of india.
Sir So RTI application is being filed by kalyan halder to seek information about the function of law commission of india to conduct legal research, your office role in recommending the enactment of new law that is bharatiya nagrik suraksha sanhita replacing code of criminal procedure 1973 that may be needed to implement the direct principles of state policy of india and to achieve the objectives of the constitution as formulated in the preamble as directive principles of state policy of india are the guidelines to be followed by Page 1 the government of india for the governance of the country and they are not enforceable by any court but the principles laid down there are considered fundamental in the governance of the country which makes it duty of the state of west Bengal to apply these principles in making laws to establish a just society in the country and article 37 of the Constitution of India talks about the application of directive Principles provided under article 36 to article 51 of the constitution of india Sir I would highlight the law commission of india that apart from repealing 9 sections from the existing act that is code of criminal procedure 1973 suggesting changes in 160 sections and introducing 9 new provisions under bharatiya nagrik suraksha sanhita act I kalyan halder discussing about the section 107 of bharatiya nagrik suraksha sanhita act which is not being followed or enacted by the special executive magistrate subir roy office at barrackpore police commissionerate samriddhi complex 1st floor opposite main gate of barrackpore court pin 700120 constantly involving in judicial misconduct in issuing summon on false cases made for kalyan halder and anita halder under section 107 breach of peace and tranquility of bharatiya nagrik suraksha sanhita act dated 1st april 2023 2nd april 2023 5th april 2023 believing on the basis of deep fake video of kalyan halder my mother anita halder made by criminals namel"
The CPIO vide letter dated 15.03.2024 replied as under:-
"Reply :- As regards information sought, it is stated that in brief the function/duty of the Law Commission of India is that, it is constituted by the Government normally every three years with a definite terms of reference to carry out research in the field of law and the Commission makes recommendations to the Government (in the form of Reports) as per its terms of reference. You may also visit the website of the Law Commission of India for detailed information about its functioning. All the Reports of the Law Commission (submitted so far) have been made available on the website of the Law Commission i.e.,www.lawcommissionofindia.nic.in and may be accessed and downloaded freely. Once the Report is submitted by the Law Commission to the Government, it goes to the Implementation Cell, Department of Legal Affairs, Ministry of Law and Justice, Shastri Bhawan, New Delhi for further action. The aforesaid Implementation Cell is responsible for processing the Reports of the Law Commission, laying them before the Parliament and forward reports to the concerned Ministries/Departments for their examination/implementation as well as pursue them for further action. As regards information sought in respect of enactment of new law that is bharatiya nagrik suraksha sanhita replacing code of criminal procedure 1973, it is stated that Reports of the Law Commission on any particular point/issue is not prepared/maintained separately by the Law Commission. All its recommendations are contained in its respective reports. All the Reports of the Law Commission of India (submitted so far) have been made available on the website of the Law Commission i.e.,www.lawcommissionofindia.nic.in and may be accessed and downloaded freely. One can search required information out of these reports. All the Reports of the Law Commission are self-contained documents and are available on the website of the Commission i.e.,www.lawcommissionofindia.nic.in and any information related to reports (including recommendations) may be searched and accessed/downloaded freely from its website. Other than the Reports, no information in any manner, are maintained separately by the Law Commission office."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 15.03.2024. The FAA vide order dated 12.04.2024 stated as under :-
Page 2 ""As regards information sought, it is stated that in brief the function/duty of the Law Commission of India is that, it is constituted by the Government normally every three years with definite terms of reference to carry out research in the field of law and the Commission makes recommendations to the Government (in the form of Reports) as per its terms of reference. You may also visit the website of the Law Commission of India for detailed information about its functioning. All the Reports of the Law Commission (submitted so far) have been made available on the website of the Law Commission i.e..www.lawcommissionofindia.nic.in and may be accessed and downloaded freely. Once the Report is submitted by the Law Commission to the Government, it goes to the Implementation Cell, Department of Legal Affairs, Ministry of Law and Justice, Shastri Bhawan, New Delhi for further action. The aforesaid Implementation Cell is responsible for processing the Reports of the Law Commission, laying them before the Parliament and forward reports to the concerned Ministries/Departments for their examination/implementation well as pursue them for further action. As regards information sought in respect of enactment of new law that is bharatiya nagrik suraksha sanhita replacing code of criminal procedure 1973, it is stated that Reports of the Law Commission on any particular point/issue is not prepared/maintained separately by the Law Commission. All its recommendations are contained in its respective reports. All the Reports of the Law Commission of India (submitted so far) have been made available on the website of the Law Commission i.e.,www.lawcommissionofindia.nic.in and may be accessed and downloaded freely. One can search required information out of these reports. All the Reports of the Law Commission are self-contained documents and are available on the website of the Commission i.e.,www.lawcommissionofindia.nic.in and any information related to reports (including recommendations) may be searched and accessed/downloaded freely from its website. Other than the Reports, no information in any manner, are maintained separately by the Law Commission's office."
3. Grounds of Appeal: Refused access to information requested
4. In brief, the appellant had asked two question through RTI on line portal and CPIO provided information for it but the appellant was not satisfied with the information provided by the CPIO and hence this First Appeal under section 19 of the RTI Act, 2005. On the perusal of the reply furnished by the CPIO the queries have been answered on the bases of information held or under the control of the LCI. Further, it is pertinent to mention that as per the guidelines issued by the DOP&T only such information is required to be supplied under the Act which already exists and is held by the public authority or held under the control of the public authority. The CPIO is not supposed to create information or to interpret information or to solve the problems raised by the applicants or to furnish replies to hypothetical questions. In view of the above, first appeal is disposed of.
5. Decisions in support of the above order:
(i) As held by the CIC, New Delhi, in Shri Vibhor Dileep Barla vs CE&C on 9.07.2007 that the right to access information relates to information that is held by or under the control of any public authority, if the public authority does not hold information or the information cannot be accessed by it u/s 2(f) of the RTI if the information is the non-est, the public authority cannot provide the same under the act. The act does not make it obligatory on the public authority to create information for the purpose of dissemination.
(ii) It is relevant to mention here that indiscriminate efforts to secure information just for the sake of it, would only put enormous pressure the limited human resources that are available. Diversion of such resources, for this task would obviously be at the cost of ordinary functioning. Beyond a point it may even become harassment for the concerned agencies. Divakar S. Natarajan vs. State Information Commissioner AP, writ petition No 20182 of 2008; ICAI vs. Shaunaq H. Satya (2011) 8SCC 781."
Page 3 Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present over call Respondent: Atul Kumar Gupta ,Deputy Law officer The Submissions were heard in detail.
Decision:
Upon the perusal of the case records & submissions, the Commissions observes that an appropriate reply has been provided by the CPIO. No further action lies.
The Appeal stands disposed off.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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