Rti information
V.N.K. MENON
(Querist) 23 April 2016
This query is : Resolved
[ confidential since Other Party may not be able to see the query & answer – if there is any provision for the purpose, please do]
HISTORY THE MATTER
1) My Daughter-in-law had filed a Domestic Violence case in CAW Cell which is pending/under process. CAW had earlier refused to give copy of the complaint to my son in the counseling process. But they gave a copy of the complaint under RTI request only.
2) IN THE ALLEGATIONS, SHE HAD MADE ALL OF US PARTIES INCLUJDING ME; HENCE I AM ONE OF THE DEFENDANTS.
3) (a)Before making complaint in CAW cell as stated in para-1 & 2 above, She made a complaint in the Womens’ helpline, against her parents which is clear from (b) below and also a telephonic conversation with my son – already recorded.
(b) I have in my possession an RTI reply from the Police Control Room [PCR] which reads as: “lady callerko ghar me band kar diya hai usko sasural jane se mana kar rhe hai –ND PCR”.
IT PROVES THAT THERE WAS A CONSPIRACY & SHE HAD BEEN INSTIGATED AND/OR FORCED TO FILE A FALSE DV CASE FOR EXTORTION.
4) Further, with regard to the second part of my RTI request to PCR as to: ‘details of and what action was taken by police against the complaint’, PCR informed that it had been referred to local police station.
5) Now I received a reply from local police station denying 3rd party information u/s 11 of the Act.
QUERY:
Needless to say as per the Act, I can file RTI appeal against para-5 above. As I am Defendant, can they deny the information to me on the grounds of third party information?
As defined in Section-2(n) of the Act, "third party" means a person other than the citizen making a request for information and includes a public authority. I feel that there are some judgments that defendant cannot be considered as third party.
IF EXPERTS ENLIGHTEN ME ON THIS POINT AND ALSO ANY OTHER POINT(S), IT WILL BE MUCH HELPFUL TO ME WHO IS A VICTIM OF FALSE DV CASE.
With profound regards, I shall ever be thankful.
th
adv.bharat @ PUNE
(Expert) 13 November 2016
Yes you need file RTI to get the desired information.
