Central Information Commission
Satnam Singh Sodhi vs Office Of The Additional Distt. ... on 6 September, 2018
CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg, Munirka,
New Delhi-110067
F. No.CIC/ADDDM/C/2017/151861
Date of Hearing : 24.08.2018
Date of Decision : 24.08.2018
Complainant/Complainant : Satnam Singh Sodhi
Respondent : CPIO
Sub-Divisional Magistrate-(HK)
O/o the District Magistrate (South)
GNCTD
Through:- Sh. Sudhakar - SDM
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 20.02.2017
PIO replied on : 29.03.2017
First Appeal filed on : 10.04.2017
First Appellate Order on : 27.06.2017
2nd Appeal/complaint received on : 14.05.2018
Information soughtand background of the case:
Vide RTI application dated 20.02.2017, the complainant sought copy of entire report alongwith all annexures regarding death of Ms. Pavni Ahuja D/o Sh. Rajender Ahuja. PIO/SDM (Hauz Khas) vide letter dated 29.03.2017 furnished information as under:-
"The records of statements/inquests are being maintained by concerned IO of concerned Police Station, so the same may be obtained from the concerned Police Station i.e. Greater Kailash-I."
Dissatisfied with response of PIO, the complainant filed first appeal. FAA/ADM(South) vide letter dated 27.06.2017 directed the SPIO/SDM(HK) to provide complete and correct information as available on record to the complainant within 10 days. In compliance of FAO, the APIO/Tehsildar (Hauz Khas) vide letter dated 18.07.2017 reiterated reply of PIO dated 29.03.2017. Still aggrieved, the complainant approached the Commission. Facts emerging in Course of Hearing:
Both parties are present during hearing, wherein the applicant has narrated that his daughter-in-law, Ms. Pavni Ahuja committed suicide at her parental home. She was staying away from her matrimonial home for one and a half years prior to her suicide but a case under dowry act was filed in retribution and the applicant has been in custody without any reasonable cause. Hence, he sought redressal through RTI Act and sought entire report alongwith all annexures regarding the death of his daughter-in-law. The applicant states that since he is directly affected and wrongly being accused, hence he has every reason to seek the information about the entire incident and cannot be treated as a third party in this case.
The respondent has appeared and stated that since the Inquest report had been forwarded to the concerned police station, the applicant was informed accordingly to obtain the necessary information from the police authorities.
Decision:
In view of the aforementioned facts of the case, the Commission finds it imperative to discuss the legal position of an Inquest Report. The provision for holding an Inquest is contained in the Section 174 in the Code Of Criminal Procedure, 1973, as follows:
" 174. Police to enquire and report on suicide, etc. (1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub- divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two' or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted.
(2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub- divisional Magistrate.
(3) 1 When-
(i) the case involves suicide by a woman within seven years of her marriage; or
(ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or
(iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or
(iv) there is any doubt regarding the cause of death; or
(v) the police officer for any other reason considers it expedient so to do, he shall. subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.
(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub- divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate..."
An investigation under Section 174 of the CrPC has a very limited scope and is confined to the ascertainment of the apparent cause of death. It is concerned with discovering whether in a given case the death was accidental, suicidal or homicidal or caused by any unnatural circumstance. Details like names of accused, names of eye witnesses, gist of their statements, details of FIR or even signature of witnesses etc are not necessarily mentioned in the Inquest Report In a nutshell, Section 174 is very limited in scope its lays down the procedure that a police officer must follow on the unnatural death of a person. When an unidentified dead body is found, the police officer shall inform such matter to the magistrate who shall investigate into the cause of death of the person and upon such investigation, prepare an inquest report that shall include the details that the magistrate has found during the investigation. The section also lays down the requirements that the magistrate must fulfill for preparing an inquest report that shall specify the cause of death of the person. The section does not lay down the procedure for tracing of the accused. The section also provides for special performance on the part of a police officer in case of dowry death, i.e., death of woman within seven years of marriage for the demand of dowry. Thus, this section is confined to unnatural deaths and dowry deaths. Thus an Inquest Report is not a comprehensive document containing all vital information, it is more in the nature of a report submitted by the Magistrate to the police authorities of the immediate report about the ascertainment of the apparent cause of death. However, unlike the Investigation report, it is most certainly not a conclusive report, which forms a necessary document to be rebutted by the accused. Thus, unlike chargesheet or Investigation Report, it is not mandatory that Inquest Report shall be provided to the accused, to prepare his defence. Moreover, the Inquest Report is submitted before the police authorities, who are the actual custodian of such information. The Respondent shall forward the RTI application of the applicant to the concerned Police Station i.e. Greater Kailash-I, and the Respondents at the police station are directed to furnish a Reply about the investigation into the cause of death.
In view of the aforementioned discussion, the Commission does not find merit with the plea of the applicant. The case is disposed of as such, with no directions to the Respondent.
(Yashovardhan Azad) 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.
(R.P. Grover) Designated Officer