Central Information Commission
Mr.I M Bhatia vs Delhi Police on 28 May, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/000285
Dated: 28.05.2012
Name of Appellant : Shri I.M. Bhatia
Name of Respondent : Delhi Police, Central District
Date of Hearing : 10.05.2012
ORDER
Shri I.M. Bhatia, hereinafter called the appellant has filed the present appeal dated 7.10.2011 before the Commission against the respondent Delhi Police, Central District for providing vague and incomplete information of his RTI- application dated 21.2.2011. The matter came up for hearing on 10.05.2012. The appellant was present and the respondent were represented by Shri N.S. Ghuman, ACP.
2. The appellant had filed an application dated 21.2.2011 under the RTI Act, 2005, in which he sought information on six queries and action taken report on the complaints of residents of Block 39, Rajender Nagar against Arya Samaj Mandir for misuse of their premises as follows - "(i) Chronological details of the action taken by the Police (if any) till date on each of the references received by the Police in this regard; (ii) Similar details of the action taken , if any, following midnight/ post-midnight complaints made by the residents to the police on 100 due to the public nuisance created by the illegal activities of the Samaj; (iii) Findings of the investigation carried out by the Police in this regard i.e. whether or not the illegal activities being carried out by the Samaj by misusing the place 2 Case No. CIC/SS/A/2012/000285 pose a genuine security threat to the lives and property of the residents because number of anti-social elements find their way in social gatherings in the guise of caterers, electricians, decorators, hawkers, drunkard persons etc., apart from their being a constant source of irritation, discomfort and public nuisance to the residents; (iv) Details of the action taken by the police against the errant Management Members of the Samaj to stop such illegal activities which are violative of the provisions of the IPC as well, apart from their being not in conformity with the municipal laws etc.; (v) How is it that the Samaj still continuing with these illegal activities till date; & (vi) Is there any hope that the local police would shed their callous attitude towards the genuine problems of the residents and take stern legal action by registering an FIR for contravention of the provisions of the IPC, in order to investigate the matter and stop the Samaj from carrying out these activities forthwith." The CPIO vide his letter No. 2011/449/3408/RTI Cell/Central District dated 1.4.2011 informed the appellant on Point No. (i) that as per report of ACP Karol Bagh, Diary No. 20A dated 23.2.09 the matter was enquired into and filed on 18.5.09, Diary No. 22A dated 1.3.09 was not received in PS Rajender Nagar and Diary No. 24A dated 12.12.10 was inquired and filed on 20.3.11 as no illegal activity was found in Arya Samaj Mandir; On Point No. (ii) the appellant was informed that the requisite information cannot be provided as the appellant has not mentioned any specific time period of information related; on Point No. (iii) & (iv) the appellant was informed that on enquiry no such type of security threat and violation of law by Arya Samaj Mandir was found; on Point No. (v) the appellant was informed that no illegal activity was found and Point No. (vi) was not an information as defined u/s 2(f) of the RTI Act.
3. Not satisfied with the reply of the CPIO, the appellant filed first-appeal on 24.4.2011 before the FAA. The FAA vide his order No. 6674/Appeal/RTI/Central District dated 17.6.2011 upheld the reply of the CPIO. However, the CPIO was directed to provide copy of the enquiry report to the appellant.
3 Case No. CIC/SS/A/2012/0002854. Having heard the submissions of the parties, the Commission finds that the basic issue is related to the alleged holding of unauthorized functions including banquets, by the Arya Samaj Mandir, Extension Community Hall, Rajender Nagar, causing inconvenience to the residents of the area, including traffic problems. The appellant also allege illegal activities like consumption of alcohol and burning of crackers during late hours. The respondent have enquired into the complaint and provided a copy of the enquiry report to the appellant. According to the enquiry report, no such illegal activities were found to be taking place in the premises of Arya Samaj Mandir, which the appellant strongly opposed as being incorrect.
5. The Commission, upon hearing the parties, is of the opinion that there are other agencies which may be involved for arriving at the correct conclusion such as the Municipal Corporation of Delhi, the Licensing Branch of Delhi Police for giving permission to the Arya Samaj Mandir for holding such banquets, Traffic Police for regulation of traffic and for taking action for violation of traffic rules etc.
6. The CPIO, Delhi Police, Central District is hereby directed to obtain necessary clarifications as per their record from the Licensing Branch as well MCD and provide to the appellant with four weeks of receipt of this order. In so far as the regulation of traffic matter is concerned, the CPIO is hereby directed to transfer copy of the complaint to the CPIO, Delhi Police, Traffic within five days of receipt of this order, who would directly provide requisite information to the appellant within fifteen days of receipt of this order.
The matter is disposed of with the above directions.
(Sushma Singh) Information Commissioner 4 Case No. CIC/SS/A/2012/000285 Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri I.M. Bhatia, 39/27, Old Rajinder Nagar, New Delhi.
The Addl. Dy. Commissioner of Police & CPIO, Delhi Police, Central District, Darya Ganj, Delhi-110006.
The Deputy Commissioner of Police & FAA, Delhi Police, Central District, Darya Ganj, Delhi-110006.