Central Information Commission
Sh. Rajesh Kumar vs Delhi Police, Special Cell on 13 February, 2010
Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/WB/A/2009/000736
Name of Appellant : Sh. Rajesh Kumar
Name of Respondent : Delhi Police, Special Cell
Background
Sh. Rakesh Kumar, the Appellant had filed an application dated 12.01.2009 under the RTI Act, 2005 seeking information into antecedents of one Sh. Sudhakar Rai R/o Flat No. 68 or 69, Site-I, Vikashpuri, New Delhi as the Appellant was suspicious about this identity and had suspicious that he was indulging in the making of fraud documents, getting SIM cards on fictitious identity for using them in terrorist activities. On 14.01.2009 the CPIO / Headquarters forwarded the application to DCP, Special Cell, who got matter enquired into and replied vide his letter dated 3.02.2009, that the complaint had been sent to DCP, West Dist as no terrorist angle was found. Aggrieved that the decision of the PIO, the Appellant had filed a first appeal before the First Appellate Authority (FAA)/Jt. C.P. Special Cell, Delhi. The para-wise reply in the appeal before the FAA is as follows :-
S. No Information Sought Decision of Appellate Authority
1. What is the actual identity of that This information can not be supplied as per person, against whom he made exemption u/s 8(1) (j) of RTI Act, 2005, as complaint dated 12.12.2008. His information which related to personal information actual name, father's name and the disclosure of which would cause unwarranted address may be give. invasion of the privacy of the individual.
2. What action has been taken on his The complaint dated 12.12.2008 has been sent complaint dated 12.12.2008? to DCP/West vide letter no. 1162/C&R Cell (600/08-HAC/Spl. Cell dated 2.02.2009 for necessary action as no terrorist angle was found after the enquiry by Special Cell, dated 3.02.3009 by the PIO, while replying your queries under the RTI Act.
3. Why not FIR has been lodged in No action was taken in Special Cell, as no terrorist that cognizable offence? was found.
4. Till when FIR would be lodged in The complaint has been sent to DCP/East to d that cognizable offence? further necessary action if any.
Hence, the present appeal before the Commission.
2. The matter was heard on 18.12.2009.
3. Sh. Rajesh Kumar, the Appellant was present for the hearing.
4. Sh. Alok Kumar, DCP, Spcl. Cell and Sh. K. N. Rao, ACP, Spl. Cell represented the Respondent Public Authority.
Decision After hearing the parties and on consideration of the matter the Commission finds no reason to interfere with the decision of the CPIO & FAA / Spl. Cell. However, the DCP/West Dist. to whom the RTI request has been sent by the CPIO/DCP, Spl. Cell Delhi on for necessary action 2.02.2009 is directed to furnish the requisite information to the Appellant within 15 days of the receipt of this order.
With these directions the matter is disposed of.
(Sushma Singh) Information Commissioner 13.02.2010 Authenticated true copy:
(P.C. Purkait) S.O. & Asst. Registrar Copy to:
1. Sh. Rajesh Kumar, R/o House No. 21-A, VPO Kakrola, Dwarka, New Delhi-110078
2. Sh. Alok Kumar (IPS) Dy. Commissioner of Police (PIO) Special Cell Delhi
3. Sh. P. N. Aggarwal Jt. Commissioner of Police Special Cell Delhi