Men Rights India

Fight against Legal Terrorism

  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts
You are here: Home » CIC judgment which allowed police case diary using RTI

CIC judgment which allowed police case diary using RTI

29 Apr 2010 By videv Leave a Comment

This judgment explains the scope of Section 8(1) (g) of RTI act as applied to police case diary:

👉(Read Online eBook): How to Fight and Reduce Maintenance under CrPC 125 and DV Act 👈

RTI Act’s Sec 8(1) (g): information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;

The gist of the judgment is:

We say this while still recognizing that in all requests for information under RTI Act, especially when they pertain to the law enforcement authorities, it becomes necessary to strike a fine balance between the imperatives of the confidentiality of the sources of information, witness protection and so on, with the right of the citizen to get information.

…

…

We wish to add here that we accept the merit of the police authority’s contention that an open-ended order by this Commission to make available to any information seeker, all the details of investigation into a crime, will have serious implications for law enforcement and will have potentiality for misuse by criminal elements. Each case will, therefore, have to be examined independently, on the basis of facts specific to that case.
In this particular case, we don’t find that the apprehensions of the police about disclosure of information are justified.

The important portions of judgment are in bold below:

==================================================

F. NO.CIC/AT/A/2006/00071
Dated the 11th May, 2006

Appellant: Shri Kuldeep Kumar, D-652, Mandir Marg, New Delhi-110001.

Respondents: Shri B.S. Brar, Jt. Commissioner of Police & First Appellate Authority, First Floor, Police Headquarters, I.P. Estate, New Delhi.

Shri Anand Mohan, Dy. Commissioner of Police-cum-PIO, New Delhi
District, New Delhi.

This appeal has been filed by Shri Kuldeep Kumar of D-652, Mandir Marg, New Delhi against the order dated the 2nd February, 06 of the appellate authority, Shri B.S.Brar, JCP, New Delhi Range.

2. The appellant had asked for the following information from the PIO, Delhi Police, Parliament Street through his application dated the 22nd November, 05:-

1) “What is the basis of the Investigating Officer time and again expressed view that theft has been committed by only (SIC) out of three persons?

2) In what manner these three have been examined?

3) Please give date-wise details of each and every investigational step/s overall taken to solve the case; and

4) What is the result/status of this case now?”

3. The parties were called for hearing on 11.05.06. The appellant was present in person. The PIO and the appellate authority were represented by Shri R.S. Ghumman, DCP, Legal Cell, PHQ, New Delhi.

4. It appears from the records that the police authorities had made an attempt to verbally apprise the appellant about the status of the case which was treated by the former as “Untraced.” Sub-Inspector, Shri Ravi Kumar (Investigating Officer) met the appellant at his residence on 17th December, 05 and made available to him “untrace report as well as some information in this case.”

5. The appellant is not satisfied with the information given to him and wishes to have more details from the PIO. The summary of the case already provided to him by the PIO does not satisfy him. He wants to have “date-wise details of each and every investigational step(s) undertaken by the police to examine the suspects and others thoroughly,” which was not provided in spite of his ‘three’ requests. He was informed by the APIO on 20.1.06 that “the complete information under the RTI Act, 05 has already been given to you vide office letter No. 11/DIC-NDD, dated 9.1.06 and there is no more to intimate you in this connection. As the complainant you have been kept amply informed.”

READ:  Official RTI resources

6. The appellate authority upheld the PIO’s action and through his order dated 2.2.06 turned down the appellant’s first appeal.

7. The appellant’s case is that the information supplied to him by the PIO was not corresponding to the points the appellant had made. It was only a para-wise action taken report and not a detailed account of how the case was investigated. The appellant has also complained that the APIO has signed the letters in which his signatures are different all three places. The communication of the APIO did not mention the name and the address of the appellate authority.

8. During the hearing of this appeal, we attempted to elicit from the appellant the exact information he wanted to have from the PIO. From what we understood he already has from the PIO the following:-

1) The ‘untrace report’ dated 22.11.05;
2) A summary of the result of the police investigation in the case of theft in the appellant’s house.
9. The appellant informed us that he was interested in receiving from the police in considerable detail, the manner of their investigating the case which led to the ‘untrace report’ being filed. When asked to be specific about his request, the appellant said that he had already received from the police the names and the identities of the suspects in the case. As a matter of fact, the names of the suspects were supplied by the appellant himself to the police. Additionally, he wished to have the following from the police:-

1) dates on which the police conducted investigation in this case;
2) The methodololgy adopted for investigation;
3) The full text of the depositions given by those interrogated by the police;
4) Any physical verification or connected investigation conducted by the police.

10. Mr. Ghumman, representing the JCP responding to the points made by the appellant pointed out that the information which the appellant has sought forms part of the police case diary. He brought to our notice judgements of the Hon’ble Supreme Court of India in the Mukund Lal Vs Union of India and Mahinder Singh Vs. Union of India in which the apex court allowed the police to treat the Case Diary as a privileged document. Further in Mahabirji Birajman Mandir Vs Prem Narain Shukla, the Hon’ble Allahabad High Court had held, “The case diary contains not only the statements of witnesses recorded under Section 161 CrPC, and the site plan or other documents prepared by the Investigating Officer, but also reports or observations of the Investigating Officer or his superiors. These reports are of a confidential nature and privilege can be claimed thereof. Further, the disclosure of the contents of such reports cannot help any of the parties to the litigation, as the report invariably contains the opinion of such officers and their opinion in inadmissible in evidence.”

11. Further, the DCP, Legal Cell, Shri R.S. Ghumman, pointed out that the information sought by the appellant comes within the exemption of Section 8(1)(g) of the RTI Act. This section allows exemption for information, the disclosure of which would endanger the life and physical safety of any person or identify source of information or assistance given in confidence for law enforcement or security purposes.

READ:  Supreme Court makes CCTV mandatory in all police stations

12. We are in agreement with the appellate authority’s averment that disclosing the details of the case diary will have far reaching consequences in terms of the confidentiality of the information received by the police and may even endanger the physical safety of those examined by the police authorities. However, we also notice that in spite of claiming absolute exemption under Section 8(1)(g), the PIO had voluntarily given some information to the appellant about the status of his case along with the reason as to why it was treated as untraced. In our view, some more information than what has been given to the appellant can also be given to him without unduly compromising the investigation or the witnesses etc. We say this while still recognizing that in all requests for information under RTI Act, especially when they pertain to the law enforcement authorities, it becomes necessary to strike a fine balance between the imperatives of the confidentiality of the sources of information, witness protection and so on, with the right of the citizen to get information. In our view, in this particular case, that balance will not be unduly affected if the following further information is furnished by the PIO to the appellant:-

1. the dates on which the Investigating officer actually investigated the case;
2. Dates on which actions, such as, searches etc., connected with the investigation, were taken;

3. A gist of the depositions of those examined by the police without disclosing names or details which could compromise witness/source confidentiality and safety.

13. We wish to add here that we accept the merit of the police authority’s contention that an open-ended order by this Commission to make available to any information seeker, all the details of investigation into a crime, will have serious implications for law enforcement and will have potentiality for misuse by criminal elements. Each case will, therefore, have to be examined independently, on the basis of facts specific to that case.
In this particular case, we don’t find that the apprehensions of the police about disclosure of information are justified.

14. In view of this, Shri B.S. Brar, appellate authority and Shri Anand Mohan, PIO are instructed to furnish to the appellant the additional information as at paragraph 12 above.

15. The appeal is partly allowed.
Sd/- Sd/-
(A.N. TIWARI) (PROF. M.M. ANSARI)
INFORMATION COMMISSIONER INFORMATION COMMISSIONER

Authenticated by –

(P.K. GERA)
REGISTRAR

Address of parties:

1. Shri Kuldeep Kumar, D-652, Mandir Marg, New Delhi-110001.
2. Shri B.S. Brar, Jt. Commssioner of Police, PHQs, Delhi-110002.
3. Shri Anand Mohan, PIO & DCP, New Delhi Area, Parliament Street, New Delhi-
110001.

Questions about this Article?

Ask in Telegram Group Men Rights India Q&A  (Also include link to this Article when you post question)

👉Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony

Related Posts

  1. Punjab SIC judgment which allows case diary from police through RTI
  2. Police cannot visit your house to give RTI reply!
  3. Using RTI against police and law enforcement authorities
  4. RTI to bring accountability of Police Investigation Officers (IO) and State Public Prosecutors based on Supreme Court judgment in State Of Gujarat vs Kishanbhai, 2014

Filed Under: Uncategorised Tagged With: CIC Judgment, Police, RTI

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Call Men Rights India numbers For 498A/406/Dowry Case/DV/Maintenance/child custody-visitation/abusive-wife/false cases, CALL volunteers' phone lines:

👉Kannada/ Hindi/ English: Call Sharath +919738010456
👉Free guidance (10-15 min)
👉Paid Guidance (For 30 min or more), click to pay

Join our WhatsApp/Facebook groups

Join Our Telegram Channel for FREE updates

Social

Facebook
Twitter
YouTube
Instagram

Search this website

Important/Must Read/Permanent Posts

  • How to assess your false case and marriage breakup probability
  • How to take action against police or magistrate for 498A arrest without following CrPC 41 41A?
  • Why Indian men should be very careful in filing divorce
  • What to do if CAW cell/police/advocate is putting pressure to compromise
  • Innocent until proven guilty is the law, use it!
  • Advice to men on 498a, maintenance, DV, divorce, child custody, what else
  • How to find and manage your lawyer in 498a, DV, CrPC 125, divorce, RCR cases
  • How to fight false cases of DV, Maintenance, CrPC 125, 498a etc
  • How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Notes and questions on court procedures
  • What should be my stand in court?
  • Understanding the divorce industry in India


Take Quizzes to test your legal knowledge!

Book: How to Fight and Reduce Maintenance under CrPC 125 and DV Act


👉(Read Online eBook)👈
(Buy Print book)
(Buy Digital eBook)
(Information about the Book)

Contribute via UPI: videv@upi / videv@icici / videv@paytm

Today’s Popular Posts

  • How to fight false cases of DV, maintenance, CrPC…
  • How to complain against judges of trial courts, High…
  • Procedure of CAW (Crime against women) cell,…
  • How to handle allegation of impotence by wife
  • Basic Cross-examination techniques in matrimonial…
  • Email addresses of prominent journalists and newspapers
  • IPC 498A bare act
  • Advice to men on 498a, maintenance, DV, divorce,…
  • Guidelines of WhatsApp and Facebook group and sessions
  • About the book: How to Fight and Reduce Maintenance…

Tags

498A Activism Arrest Child Support Child_Custody_Visitation Commando Gyan Commando Strategy Commando Techniques CrPC CrPC 125 Cruelty Divorce Domestic Violence Industry Dowry DV Act Judgments Evidence False Case False Rape Family Law Feminazis Feminist Figures Feminist Propaganda Fight Back HC Judgment Hindu Marriage Act HMA 24 Law Making Law Misuse Laws Legal Info live-in Maintenance Marriage Men Rights NCW NRI Police Press Release PWDVA(DV Act) Rape RTI SC Judgment Supreme Court WCD Women Reservation Bill

The Benefits of Reading Men Rights India!

before reading MRI
Before


after reading MRI
After

email: I am facing false DV case. I love your blog. It really have me boost to fight this case and I feel so happy that you guys are doing such a commendable work.


comment: Your survey is 100 % true. whatever is written in this blog matches more than 90 % of my marriage life situation.


comment: The Article is really great, it’s actually happening in my life. whatever is mentioned here is the tactics are used by my wife and still going on….


comment: This is a very good article, and some points mentioned here are the real reasons males are threatened to shell out the maintenance amount


comment: This document is very help for me,becoise i am sufring for false dowry case and fiting for them.so thank for to u.


comment: The web content is very useful for its diversity and especially for atrocities committed upon men, emitting a clarion call for them to rise and defend their rights and hood.


comment: Thanks you People doing very may allah grant you Success. Ameen.


comment: This is very helpful. Thanks a lot. Your work is really a morale booster..
Search judgments at Bharat Law
Read judgments at Bharat Law
IPC 498A Judgments
IPC 406 Judgments
DV Act Judgments
CrPC 125 Judgments
Child Custody Judgments

Author on Facebook

Vivek Deveshwar

Free eBook: Surviving the Legal Jungle

Surviving-the-Legal-Jungle-Cover-Image

Featured Posts

Discharge under CrPC 239

20 Dec 2009 By videv Leave a Comment

Women empowerment really — by lowering taxation?

24 Feb 2010 By videv Leave a Comment

Mediation – what it means and what it entails

12 Aug 2009 By videv 2 Comments

Notes and questions on court procedures

27 Jan 2015 By videv 51 Comments

PWDVA (DV Act), Dowry Act, and 498A can exist simultaneously

15 Aug 2009 By videv Leave a Comment

Equality for Men – Myth or Reality?

Download IMD handbook
Download IMD handbook

Recent Comments

  • Rajesh on Advice to women on IPC 498a, DV case, maintenance, divorce etc.
  • DHAVAL JOAHI on Visitation rights – 1
  • videv on Procedure of CAW (Crime against women) cell, counselling/mediation etc
  • videv on Complaint against male abuse in Asian Paints Damp Proof advertisement -advertiser advised by ASCI to modify or remove it
  • Gurpreet Singh on Procedure of CAW (Crime against women) cell, counselling/mediation etc

RSS Feeds

  • All Posts
  • DV Act Judgments
  • Maintenance CrPC 125 Judgments
  • 498A Judgments

Archives

Copyright © 2009-2021 · Vivek Deveshwar · Privacy Policy
  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts