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FACTS:

The Appellant vide his RTI application sought information on 02 points in reference to news reported in Times of India Kochi edition dated 23.01.2019, that a freelance journalist claimed that EVMs were hacked during the 2016 assembly polls, due to which two UDF candidates were defeated in Malappuram district in the State of Kerala. It was also stated that he is ready to share the evidence with EC (newspaper enclosed), whether the above stated is true, if yes, the action taken by the Respondent Public Authority, etc. The CPIO, vide its letter dated 12.02.2019 provided a point-wise response to the Appellant wherein for point 01, Section 2(f) of the RTI Act, 2005 was referred and stated that no information was available in any material form. However, the Commission had considered the Act of Mr. Syed Shuja as violative of IPC and has written a letter to DCP, New Delhi to lodge an FIR and investigate the matter. And for point 02, it was stated that a copy of the letter written to DCP, New Delhi may be obtained from the Commission by depositing a fee of Rs. 2/- as photocopying charges. Dissatisfied by the response of the CPIO, the Appellant approached the FAA. The FAA, vide its order dated 01.04.2019, upheld the CPIO's response.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Mr. M T Thomas through VC;
Respondent: Ms. Tanuj Kumari, US & CPIO in person;
The Appellant reiterated the contents of the RTI application and stated that wrong and misleading information was provided by the CPIO/FAA. He further submitted that the reply provided by the CPIO regarding one Mr. Syed Shuja, is wrong, as it is not related to the matter which he had referred to in his RTI application dated 23.01.2019. Hence, the CPIO should verify the same before denying the information. Furthermore, it was submitted that he is seeking information relating to one Mr. Musfir Karakkunu in relation to hacking of EVMs in Malapuram in Kerala State. In its reply, the Respondent reiterated the replies of the CPIO/FAA and stated that a suitable reply was provided to the Appellant, as per the provisions of the RTI Act, 2005. It was further informed that the Respondent Public Authority had considered the Act of Mr. Syed Shuja as violative of IPC and had written a letter to DCP, New Delhi to lodge an FIR. Accordingly, an FIR was lodged on 19.02.2019 in DCP office, New Delhi and the investigation in the matter is underway. The same was also communicated to the Appellant as well. However, he remained dissatisfied with the replies. On being queried by the Commission whether any FIR had been lodged by the appellant regarding the allegations made by him or any Complaint lodged with the Central / State Observers present during the Election, he replied in the negative and consistently maintained that action should be taken against the erring Respondent for giving false information.