Central Information Commission
Mrs.Serene T.Khambatta vs Regional Passport Office, Mumbai on 27 March, 2009
Central Information Commission
CIC/AD/A/09/00182
Dated March 27, 2009
Name of the Applicant : Mrs.Serene T.Khambatta
Name of the Public Authority : Regional Passport Office, Mumbai
Background
1. The Applicant filed an RTI request dt.25.8.08 with the CPIO, RPO, Mumbai.
She submitted that her old maternal spinster aunt, Ms. Aloo .H.Umrigar who lived with her sister, Ms. Gini umrigar in Flat No. 5, 758 Parsi Colony of Dadar, expired on 2.10.05. Ms. Aloo Umrigar's neighbour, one Mr.Darius Dhanju Chichgur, living in the adjoining Flat no. 6 on the same floor, has applied for and procured a new passport bearing No.E6468332 on 8.8.03 showing the address of her aunt at Flat No.5, 758 Parsi Colony, Dadar, as his own . The said Darius also had an old passport which had expired, bearing No.Q012296 dt.16.7.93, however, not showing his address as Flat no. 5. It is the Applicant's contention that Mr. Darius is making efforts to legitimize his ownership of the Flat no. 5 which does not belong to him but is in joint ownership of the spinster sisters who had expired and the third sister her who happens to be her (the Applicant's) mother. The Applicant requested for the following documents with the objective of filing a criminal case against Mr. Darius, and bringing this fraud out into the open :
i) Certified copy of application form submitted to obtain Old Passport bearing No.Q012296 issued on 16.7.93 with necessary enclosures/supporting documents
ii) Address shown by Darius Chichgur when old passport bearing No.Q012296 was issued on 16.7.93
iii) Certified copy of application form submitted to obtain Passport bearing No.E6468332 issued on 8.8.03 with necessary enclosures/supporting documents.
The CPIO replied on 11.9.08 denying the information u/s 8(1)(j) of the RTI Act stating that it is third party information and disclosure of information would mean unwarranted invasion of the privacy of the individual. Not satisfied with this reply, the Applicant filed an appeal dt.7.10.08 with the Appellate Authority stating that the passport is the only identity used by Nationals and if the same carries a wrong address or that of a neighbour's address the same can be misused. She also added that Mr.Darius, the passport holder, has procured the document by providing a false residential address to the Passport Authorities and showing the same as Flat No.5 instead of Flat No.6 , an act which amounts to perjury/concealment of material information which should be taken serious note of. She argued that that even though information sought pertains to a third party, it also has a relationship to a public activity i.e. misrepresentation of information to the world at large. The Appellate Authority replied on 24.10.08 upholding the decision of the CPIO. Aggrieved at this reply, the Applicant filed a second appeal dt.3.1.09 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for March 27, 2009.
3. Mr.B.S.Rokade, Asst. Passport Officer and PIO represented the Public Authority.
4. The Applicant was present in person along with Mr. Tehmul B. khambatta during the hearing.
Decision
5. The Appellant submitted during the hearing that two of her spinster maternal aunts lived in Flat No.5 of 758, Dilkush Building, Parsi Colony, Dadar, Mumbai 400 014. The adjoining Flat no.6 is occupied by a family who have been close friends for over four generations. However at some point of time during 2004, when one of the old ladies, Ms. Gini Umrigar, expired, Mr.Darius, one of the members occupying Flat no.6 and who is only friend of the family, without informing the Applicant, performed the last rites and gradually started to ingratiate himself with the surviving sister (Ms. Aloo Umrigar) in an effort to legitimize his ownership of Flat No. 5 by showing himself as the co-tenant. In the process, he managed to have 2 letters dt.19.4.04 and 22.4.04 signed by Ms.Aloo Umrigar addressed to the Electricity Department (BEST Undertaking) stating that she is the sole holder of the residential electricity bill of Flat No. 5 and that now that she is 87 years old she desires to have the name of Mr.Darius Dhanju Chichgur included in the bill as her son since he has been living with her for many years and since she is totally dependent upon him for support in every way. According to the Appellant, to further strengthen his plans to usurp Ms Umrigar's property, Mr.Darius also had a new passport made, on the expiry of the old passport, showing his address as Flat No.5, ( Ms. Aloo Umrigar's Flat address) instead of Flat No. 6 which is where he lives with other members of his family. However, the new passport shows the name of Ms. Nargish Danju Chichgur as his mother and not that of Ms. Aloo Umrigar. Mr.Darius allegedly deleted his name from the list of family members in the ration card owned by the family living in Flat No.6, on 9.5.2003 and included his name and that of his wife and child on different dates in the ration card belonging to Ms.Aloo Umrigar, while showing himself as her son. The Appellant then shared with the Commission copies of the documents (electricity bills of Flat no. 5 with and without Mr,. Darius' name. photocopy of new passport, original ration card with Ms. Aloo Umrigar's name and the ration card prepared later with Mr. Darius' , his wife and child's names included in the list) in support of her submission. The Appellant's contention is that Mr.Darius Chichgur is trying to legitimize his possession of Flat No.5 by deception. She stated that under RTI Act she has been able to obtain other information relating to the fraud and that she now requires the information with regard to the passport to file a police case against Mr.Darius
6. The Respondent stated that passport information was refused to the Appellant since the passport was issued to Mr. Darius only after police verification. He also stated that the passport was sent by speed post to Flat no. 5 where it was received by Mr. Darius. In response, the Appellant exhibited a plan of the Flats on the 2nd floor showing how the Flats no. 5 and 6 were situated and how easy it is for any person living in any one of these two Flats to walk into the other Flat and accept deceptively letters/speed post articles sent to that address. Hence it was easy for Mr. Darius to receive the passport sent by speed post to Flat No. 5 although he was residing in Flat no. 6. It was also pointed out by the Appellant that after the death of the second spinster Aunt, (Ms. Aloo Umrigar) Mr. Darius changed all the locks of the Flat no. 5 and now possesses all the keys to the Flat.
7. During the course of the hearing the Respondent further submitted that the Appellant's RTI request was also rejected by the CPIO since the Appellant did not submit any death certificate nor any other document showing the ownership of the Flat No. 5 by the two ladies who have expired, to which the Appellant responded stating that had she been informed about the requirement of these documents she would have produced them immediately since she is residing close to the Passport Office and this would have spared them the trouble of coming to Delhi to attend the hearing at the Commission.
8. After hearing the detailed submissions put forth by both the parties and noting the Appellant's argument that any information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person and also on perusal of all the documents provided by the Appellant, the Commission is convinced that this is a case where larger public interest overrides any unwarranted invasion of privacy of the individual and that the Appellant should be given every opportunity to seek justice. The Commission accordingly directs the CPIO to provide all the information sought by the Appellant in the RTI request before 10th April 2009.
9. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(K.G.Nair) Designated Officer Cc:
1. Mrs.Serene T.Khambhatta Sereneham 661 Sohrab Palamkote Road Parsi Colony, Dadar Mumbai 400 014
2. The CPIO Regional Passport Office Manish Commercial Centre 216A, Dr.A.B.Road Worli Mumbai 400 025
3. Mr.R.Swaminathan The Appellate Authority & Joint Secretary (CPV) Ministry of External Affairs Patiala House, Annexe I Tilak Marg New Delhi
4. Officer in charge, NIC
5. Press E Group, CIC