R.t.i
Querist :
Anonymous
(Querist) 04 December 2011
This query is : Resolved
R/members, need help
Can third party got the information about criminal complaint under R.T.I, for example- 'A' and 'B' have some dispute and 'A' filed a complaint against 'B' in S.P office, and 'C'the third party want to know about the complaint, did he get it under R.T.I .
Thanks
jeevan1950
(Expert) 04 December 2011
IF the said complaint is in the form of FIR registered Yes ! may be u have to give some undertaking as third party not to use it in adverse manner etc
Shailesh Kumar Shah
(Expert) 04 December 2011
Without the consent of Mr. A, information can't be given.
If FIR lodged, get certify copy.
Shailesh Kumar Shah
(Expert) 04 December 2011
Without the consent of Mr. A, information can't be given.
If FIR lodged, get certify copy.
Querist :
Anonymous
(Querist) 04 December 2011
That's mean we can't produced it as evidence, and neither call that officer who get that complaint and the officer who take action on that complaint, for testimony ? or we can call the officer for there statement ?
sir, i am talking about complaint not about F.I.R
J. P. Shah
(Expert) 04 December 2011
You can get certified copy of FIR of any offence under RTI and you can use it in all lawful manner.
Guest
(Expert) 04 December 2011
When the complaint is given to SP then it becomes the public and the third party can take the information under RTI.
Advocate M.Bhadra
(Expert) 04 December 2011
All police report,complaint and investigation are not covered under RTI Act,you can get it a copy from the court.However you can try to get it under RIT Act by sending an application according to RTI format with affixed court fees of Rs.10/- to the State Information Officer,Department of Home Affairs,in your State Govt.
Shailesh Kumar Shah
(Expert) 05 December 2011
Shri Mr.Sachdev Bishnoi,
Please go through section 11(1) of RTI Act, 11. (1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information:
Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.
So, without consent, it can't be provided.
Guest
(Expert) 05 December 2011
The proviso below Sec. 11(1) of the RTI Act provides some relaxation and does not put total prohibition on supply of information. Except trade and commercial secrets, any other information can be supplied if the public interest in disclosure outweighs in importance as against any possible harm or injury to the interests of such third party.
Advocate. Arunagiri
(Expert) 05 December 2011
If the investigation is pending, you can not get the documents.
If the investigation is completed, you can get those documents through RTI, if there is no objection from the other side.
Shonee Kapoor
(Expert) 06 December 2011
I agree with Ld. Arunagiri.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 07 December 2011
M. Shailesh
in section 11(1) when the matter is confidential than only the notice id give to that person who have concern with that and if the matter is already public than this section is not enforceable and the third person will get the copy under RTI
Shailesh Kumar Shah
(Expert) 07 December 2011
Mr.Sachdev Bishnoi
Asked query absolutely attracts section 11(1) of the RTI Act.
please read query with section 11(1).
Thanks
with Regards,
