Central Information Commission
Mr.Manish Thakur vs Ministry Of Defence on 1 June, 2010
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
No. CIC/LS/A/2009/001024
Appellant : Shri Manish Thakur
Public Authority : Indian Navy
(through : Capt. S. Ruperee)
Date of Hearing : 01.06.2010
Date of Decision : 01.06.2010
Facts :-
The matter is called for hearing today dated 01.06.2010. Appellant not present. The Public Authority is represented by the officer named above. It is the say of Capt Ruperee that appellant Manish Thakur is under detention of the Mumbai Police and is facing trial in a murder case. It is also his say that the Indian Navy had rendered some assistance to the Mumbai Police in the apprehension of the appellant and that the Navy is not concerned with the investigation or trial of the case.
2. The RTI request of the appellant has to be seen in this background. It is noticed that vide RTI application dated 25.02.2007, the appellant had sought the following information :-
"(1) Please provide copy of arrest warrant submitted by MIDC police, Andheri(E) to Indian Navy(INS Hansa) w.r.t. arrest of Manish Thakur in C.R. No. 251/07.
(2) Please provide copy of all documents submitted by Vasco-da-
Gama police, Goa to Indian Navy(INS Hansa) in concerned with Manish Thakur and his investigation in F.I.R. No. 251/07 of M.I.D.C. Police Station, Mumbai.
(3)(a) Was the cabin (in living accommodation), where Manish Thakur was allegedly is residing, searched by Navy after he was taken into Naval custody.
(b) If yes, by whom (Provide the names).
(c) Please provide copy of Ty-Memorandum/directives of
Headquarter concerned for constituting board members for the same.
(d) Please provide copy of inventory list made by the Navy after searching the belongings of Manish Thakur.
(4) Please provide copy of attendance register/sheets of Course Diary of Russian Language Course which commenced from 26.02.07 at INS Hansa vide CABS FAX AB6/T/257/DEPUTED dated 15.02.07 in which Manish Thakur was undergoing Language course. The information is required from 14th March, 2007 to 14th May, 2007. (Only the portion of attendance sheet/Register related to Manish Thakur may be given.
(5)(a) Was the cabin area and its premises where Manish Thakur was allegedly residing, searched by MIDC police, Andheri(E) after he was taken into Civil custody as well as while in Naval custody.
(b) If yes, by whom (Name of police personnel)
(c) Please provide copy of result of search, if any.
(d) Please provide copy of letter of MIDC police requesting for search inside Naval Base, INS Hansa, if any.
(6) Please provide copy of all the letters submitted by MIDC; Police, Andheri(E) to Indian Navy (INS Hansa) till date, w.r.t. C.R. No. 251/07 involving Manish thakur.
(7) Please provide complete address of :
(a) First Appellate Authority, HQ WNC.
(b) Central Information Commissioner."
3. The CPIO had refused to disclose the above information under section 8(1)(j) of the RTI Act vide his letter dated 22.06.2009. On appeal, the Appellate Authority vide letter dated 30.07.2009 had affirmed the decision of CPIO.
4. As noted above, the Indian Navy has not investigated the murder case against the appellant. As informed by Capt. Ruperee, the investigation was conducted by Mumbai Police and the trial is also being handled by them. The Naval authorities appear to have rendered some assistance to the police authorities in connection with the apprehension of the appellant. The fact that the appellant is in custody at present goes to show that investigation has been completed and charge sheet filed against him. Otherwise, he would have been released on bail by now as per statutory provisions. In the facts and circumstances of the case, bland denial of information to the appellant does not appear to be legally sustainable. Para-wise orders of the Commission are as under :-
(i) Para-1 The appellant has requested for a copy of the arrest warrant submitted by MIDC Police, Andheri(East) to the Indian Navy. If this document is available, a copy thereof may be provided to the appellant.
(ii) Para-2 If any documents, referred to in para-2 are available, copies thereof may be provided to the appellant.
(iii) Para-3(a) & (d) - The appellant wishes to know whether his cabin was searched by the Navy after his arrest or not and, if yes, inventory list, if any, made by the Navy may be provided to him. This information cannot be denied to the appellant and is ordered to be provided to him.
However, as regards paras (b) & (c), the names of the officers, who carried out the search etc. need not be disclosed.
(iv) Para-4 The information requested for by the appellant may be provided to him if such information is being maintained/kept by the Naval authorities.
(v) Para-5 It is the submission of Capt Ruperee that this para does not concern the Navy and it concerns the police authorities. In view of this, no information is disclosable by the Navy.
(vi) Para-6 The information requested for in this para cannot be denied. Hence, if any correspondence exchanged between the Naval authorities and the Police authorities is available on record, copy thereof may be provided to the appellant.
(vii) Para-7 - Capt. Ruperee submits that this information has already been provided to the appellant.
5. The appeal is disposed of as ordered herein above.
Sd/-
(M.L. Sharma) Central 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.
(D.C. Singh) Under Secretary & Deputy Registrar Address of parties :-
1. The Commander & CPIO, HQWNC, Shahid Bhagat Singh Road, Mumbai-400023.
2. Shri Manish Thakur, Circle No. 10, UT-365, Mumbai Central Prison, Arthur Road, Mumbai-400011.