Central Information Commission
Dhananjay Kumar Jha vs Delhi Police on 21 April, 2020
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/DEPOL/A/2018/171730
Shri Dhananjay Kumar Jha, ... अपीलकता/Appellant
VERSUS/बनाम
PIO, DCP, ... ितवादीगण /Respondent
Delhi Police - Crime, Kamla Market
Office Complex, New Delhi - 110002
Nodal PIO, DCP-HQ,
Delhi Police - HQ, I.P. Estate,
New Delhi - 110002
PIO, ADCP - South,
Delhi Police - South, Hauz Khas,
New Delhi - 110016
PIO, ADCP-I,
Delhi Police - North Distt., Civil Lines,
New Delhi - 110054
Through: Sh. Inderjeet, Inspector, PS Mehrauli;
Sh. R.K. Bajpai, ACP/HQ/Crime;
Sh. Satish Kumar, SOS, Crime, Kamla
Market, Delhi;
Sh. Bir Singh, ASI, O/o. DCP (South);
Sh. S.S. Bisht, Inspector, PG
Cell/North; and
Sh. Vinod Kumar, SI, PG Cell/North
Date of Hearing : 18.03.2020
Date of Decision : 20.04.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 19.07.2018
PIO replied on : 04.09.2018, 16.08.2018, 17.09.2018
First Appeal filed on : 04.10.2018
First Appellate Order on : 16.11.2018, 01.11.2018, 02.11.2018
2ndAppeal/complaint received on : 07.12.2018
Information soughtand background of the case:
The Appellant filed RTI application dated 19.07.2018 seeking information on the following 7 points pertaining to the Burari suicide case.
1. Please provide me all scientific Reports including medical and all other reports in Burari Suicide Case.
2. Please provide me the Report of Psychiatrist who gives their expert report and other expert reports if any in the Burari Suicide Case.
In the above case, Delhi Police take help of Psychiatrist to solve the case. In the above case 11 people of one family from three different generations had committed suicide. It means the past, present and future is committing suicide.
3. Please provide me what are the reasons of death or reasons of suicide in the above case?
4. Please provide me information that in what circumstances 11 people of one family from three different generations had committed suicide?
5. Please provide me the Police Report in the above case.
6. Please provide me the conclusion of investigating agencies in the above case.
7. Please provide me information that what action taken in my letter dated 16.05.2018 which is addressed to the Commissioner of Police, Police HDQRS, New Delhi regarding "Behavior Modification Weapons are used by criminals and same is experience by the Complainant".
(Queries are Verbatim) The PIO/DCP Crime, furnished a reply to the Appellant vide letter dated 04.09.2018, PIO/DCP, PHQ, furnished second reply to the Appellant vide letter dated 16.08.2018. In addition, PIO/ADCP, South Distt., furnished another reply to the Appellant vide letter dated 17.09.2018.
Dissatisfied with the replies received from the PIOs, the Appellant filed a First Appeal dated 04.10.2018. The FAA vide order dated 01.11.2018 upheld the reply of the PIOs and disposed off his first appeal.
Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from PIO/ADCP, South District vide letter dated 03.03.2020 explaining the facts and circumstances of the instant matter.
Appellant attended hearing through video conference while Respondent is present in person during the hearing. At the outset, Appellant stated that he is an Advocate enrolled with the Delhi Bar Council. He alleged that no relevant information has been provided to him till date. He further relied upon the case of Bhagat Singh vs. CIC, W.P.(C) No. 3114/2007 wherein the Hon'ble High Court of Delhi had held that under Section 8 of the RTI Act, exemption from releasing information is granted if it would impede the process of investigation or the prosecution of the offenders and the mere existence of an investigation process cannot be a ground for refusal of the information.
Upon being asked by the Commission, Appellant explained that the Burari suicide case is a celebrated one which made the headlines of almost all the newspapers and news channels. He further stated that as a citizen, he wants to know the cause of death along with copies of all the medical report/psychiatrist report (as averred in the news channels) etc. to ascertain the mindset of all the 11 deceased individuals.
Respondent public authority submitted that an FIR vide no. 308/18 under Section 302 of Indian Penal Code, 1860 was registered at PS Burari. He further submitted that the this mass suicide case is pending investigation in SOS-II, Crime Branch, Delhi and also added that reports are yet to be received from the FSL. Hence, the information sought in the instant RTI application is exempt from disclosure under Section 8(1)(h) of the RTI Act.
Decision Upon perusal of facts on record as well as on the basis of the proceedings during hearing, Commission directs the ACP/DCP-cum-PIO, Crime Branch, Delhi to submit a detailed explanation stating that the subject-matter of the instant case is pending investigation on or before 25.03.2020.
Subsequently, Commission is in receipt of a written explanation from Dr. Joy Tirkey, Deputy Commissioner of Police-cum-Public Information Officer, Crime, Delhi vide letter dated 23.03.2020, which is reproduced as under:
"With reference to Hon'ble CIC Appeal No. CIC/DEPOL/A/2018/171730 dated 18.02.2020 in the matter of Shri Dhananjay Kumar Jha, Advocate, S.B. Ray Road, (Lohabari), B. Deoghar, District-Deoghar-814112 (Jharkhand) on the subject cited above. In this connection it is stated that Shri Dhananjay Kumar Jha, hereinafter called the 'appellant' had filed an RTI application dated 19.07.2018 under RTI Act, 2005 which was received in the office of PIO/Crime on 08.08.2018. The appellant had sought information regarding all scientific reports including medical, report of psychiatrist, reasons of death of suicide, police report and conclusion of investigation agencies in Burari Suicide Case in FIR No. 308/18 u/s 302 IPC P.S. Burari, Delhi investigated by SOS-II/Crime Branch, Delhi. Accordingly, PIO/Crime had provided a copy of report of ACP-SOS-II/Crime Branch, Delhi in which the sought information had denied u/s 8(1)(h) of RTI Act, 2005 as the case was pending investigation. First Appellate Authority/Crime Branch, Delhi had also decided the appeal on the basis of reply provided by PIO/Crime.
In view of the position explained above, the case FIR No. 308/18 u/s 302 IPC PS Burari is still pending and process of investigation with ACP/SOS- II/Crime Branch, Delhi and disclosure of information can be impede the process of investigation. Hence, the requisite information can not be provided u/s 8(1)(h) of RTI Act, 2005. The appellant's application was correctly and appropriately disposed-off as per RTI Act, 2005.
It is, therefore, requested that 2nd appeal/complaint filed by the appellant under RTI Act, 2005 to Hon'ble CIC may please be decided accordingly. [Emphasis supplied].
Commission has gone through the contents of the written explanation dated 23.03.2020 and accedes with the submissions made by Dr. Joy Tirkey, DCP/PIO, Crime, Delhi. However, Commission deems it fit to direct Dr. Joy Tirkey, DCP/PIO, Crime, Delhi to provide a copy of the FIR no. 308/18 to the Appellant, free of cost within four weeks from the date of receipt of this order. A compliance report to this effect shall be sent by the PIO to the Commission by 06.06.2020.
Y. K. Sinha (वाई. के . िस हा) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणतस ािपत ित) Ram Parkash Grover (राम काश ोवर) Dy. Registrar (उप-पंजीयक)/ 011-26180514