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Ghulam Hussain vs Ut Of Jammu And Kashmir on 27 February, 2025

Author: Heeralal Samariya

Bench: Heeralal Samariya

                                     के न्द्रीय सूचना आयोग
                            Central Information Commission
                                 बाबा गंगनाथ मागग, मुननरका
                            Baba Gangnath Marg, Munirka
                             नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/UTOJK/A/2024/102443

Shri Ghulam Hussain                                             ... अपीलकताग/Appellant
                                   VERSUS/बनाम

PIO, Forensic Science Laboratory,                           ...प्रनतवािीगण /Respondent
UT of Jammu and Kashmir

Date of Hearing                          :   25.02.2025
Date of Decision                         :   25.02.2025
Chief Information Commissioner           :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :           07.04.2023
PIO replied on                    :           22.05.2023
First Appeal filed on             :           Nil
First Appellate Order on          :            - -
2 Appeal/complaint received on
 nd                               :           13.01.2024

Information sought

and background of the case:

The Appellant filed an RTI application dated 07.04.2023 seeking information on the following points:-

4. "That, it is submitted that an FIR No. 103 of 06/11/2006 came to be registered in Police Station, Kargil under Sections 466, 420, 209, 120-B, 201, 193 RPC. That, a specimen handwriting of Shri Ghulam Hussain the then Head Assistant District Court, Leh was taken in the said FIR P/S Kargil for forensic examination. The undersigned seeks following information pertaining to forensic report as prepared by your department.

The following required information is:

1. Kindly provide a copy of 1 FSL sample report, given to the police of dated 25/26 May, 2007.

II. Kindly provide Reports regarding Dispatches between 25 May, 2007 to 17 th July, 2007 of the aforesaid FSL pertaining to the same case. III. Kindly also furnish Letter No. CRB/FSL/07-12794-95, dated 27-11-2007, whereby material was submitted for examination by Sr. Superintendent of Police District Kargil of case FIR above referred.

IV. Any other information pertaining to the same may also be furnished to the applicant.

The CPIO, Forensic Science Laboratory, Srinagar vide letter dated 22.05.2023 replied as under:-

".......the information with regard to case FIR No. 103/2006 u/s 466, 420, 209, 120-B, 193 RPC of Police Station Kargil stands already provided to Advocate Mukhtar Ahmad Makroo Chamber No. 40, J&K High Court Srinagar vide this office letter No. FSL/Sgr/Estt/RTI/2023/ 130-31 dated 11.01.2023. However copy of the same is enclosed herewith for information.

With regard to point No. III of your RTI application, the information of the same may please be had from SSP Kargil."

A reply dated 05.12.2022 is attached with the PIO's reply which reveals that it was a response to RTI application filed by the Appellant's advocate wherein information was denied to him on the ground that information related to third party. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated Nil which was not adjudicated by the FAA as per available records. Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Hearing was scheduled after giving prior notice to both the parties.

Appellant: Present Respondent: Shri Sheikh Sohail Ahmad - PIO/Scientific Officer, FSL was present during hearing through video conference.

During the course of hearing, both parties reiterated their respective contentions. The Appellant stated that information sought by him had been repeatedly denied by the Respondent and misleading documents had been sent annexed with the PIO's reply. The Respondent on the other hand stated that Appellant had sought information available on record had been sent to the Appellant.

Decision:

After hearing the averments of both sides and perusal of the records submitted by the parties, the Respondent - PIO- Shri Sheikh Sohail Ahmad - PIO/Scientific Officer, FSL is hereby directed to grant inspection of the relevant records pertaining to the 1st FSL sample report of the FIR No. 103 of 06/11/2006 pertaining to the queries raised by the Appellant vide his RTI application, on a mutually convenient date and time. While granting inspection, the Respondent must ensure that records given for inspection should not contain any information which is expressly barred under Section 8 or 9 of the RTI Act and also ensure that provisions of Section 10 of the RTI Act should also be applied to redact any third party information if deemed necessary while disclosing the records as sought by the Appellant. Inspection of records as permissible under the provisions of the RTI Act should be provided to the Appellant within four weeks of receipt of this order. A compliance report in this regard shall be submitted by the Respondent before the Commission within one week thereafter.

The appeal is disposed off with the above directions.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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