Rti - what to do?
Guest
(Querist) 25 July 2013
This query is : Resolved
I have applied for the police complaint copy given by wife against me thru RTI.
As per the published info in police website, the circle officer who is the PIO replied denying the info under 11(1)
I went for first appeal to the first appellate authority who is the SSP.
Now, I have received the response for the first appeal. But the reply came in name of the police station and not SSP. They denied the copy citing same 11(1)
Please advise on two points
1) why the right first appellate authority ie SSP didn't reply? Is this right way of doing it?
2) what should I do now? If I file second appeal in front of SIC, what should be my strategy?
Sudhir Kumar, Advocate
(Expert) 25 July 2013
1) why the right first appellate authority ie SSP didn't reply?
Ans : They do not have read RTI Act
Is this right way of doing it?
Ans : No. In fact you have received no orders from Appellate Authority and can move to SIC
2) what should I do now? If I file second appeal in front of SIC, what should be my strategy?
The have worngly quoted section 11(1) which reads as under :-
tends 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.
on the contrary they could have successfully denied information under section 8(h)
(h) information which would impede the process of investigation or apprehension or prosecution of offenders;
Guest
(Querist) 25 July 2013
Dear Sudhir Sir,
Please help me on this
1)do I need to go physically and submit the 2nd appeal to the sic or I can send it through speed post?
2)I have submitted some previous judgements in my first appeal. Shall I submit mention and submit them in my second appeal too or I wait for the hearing to bring them?
3) shall I ask for compensation too for denying without proper justification?
4)shall I file a separate rti to find out if they have followed process under sec 11(1) and contacted 3rd party ?
Please help sir
malipeddi jaggarao
(Expert) 25 July 2013
Section 11 of RTI Act deals with the third party information. In your case, the complaint is against you and you have every right to know the contents and you are not a third party of the complainant is not a third party to you. Hence non-supply of information quoting Sec.11 is not tenable. Please go through the following note which will clearly establish that the quoting Sec.11 for non-supply of information is wrong.
NOTE ON THIRD PARTY INFORMATION- REFUSAL BY PIO under RTI ACT
01. Third party Whenever information relating to or supplied by third party is sought under RTI Act, PIOs refuse stating that information pertains to third party. Some PIOs issue notice to third party u/s 11.1 and if third party does not permit, PIOs decline supply of information stating that third party has not permitted or has objected to supply of information. First appeal needs to be filed based on following points under such circumstances:
should have treated information as confidential while supplying the information. If it is not treated as confidential by third party section 11 will not come into operation.
02. Even when party has treated information as confidential, it has to be disclosed if larger public interest is involved outweighing in importance any possible harm to interest of third party. [This is not applicable to information relating to trade or commercial secrets protected by any law].
03. PIO does not require permission or NOC from third party. He has to give third party opportunity to be heard orally or in writing. He should then finally decide whether information should be revealed or not.
04. Even in case of third party, PIO has to deny information only under sections 8 or 9 as provided in section 7.1. PIO is also required to justify how he came to conclusion that section 8 or 9 is applicable for such denial. Similarly third party should have objected to disclosure only under section 8 or 9, justifying non-disclosure.
05. Information of third party which is already in public domain has to be revealed without complying with section 11.
06. Denial of information just because it relates to or is supplied by third party and /or treated as confidential by third party, without assigning one or more reasons mentioned in sub-sections of 8.1 or 9 is in gross violation of provisions and spirit of RTI Act.
07. Section 11 comes into play only if PIO first intends to reveal information subject to hearing point of view of third party. If PIO does not want to reveal, section 11 does not come into play.
08. Applicant is entitled to have copy of say of third party or minutes of oral hearing by PIO based on which PIO has decided to deny disclosure. This will enable applicant to file first appeal. This is true of first appeal proceedings also.
09. PIO is also bound to decide whether information supplied by third party can be treated as confidential by third party. Third party has to justify why information supplied by it should be treated as confidential.
10. When information per se or ex facie cannot be regarded as confidential, then the procedure under section 11 is not to be followed.
11. As regards information relating to third party which is not supplied by third party, but created by public authority, PIO should invoke section 11 only if third party would be justified in treating information as confidential.
12. Any information which is older than 20 years as on date of RTI application relating to any occurrence, event or matter of a third party has to be disclosed by PIO, without reference to third party.
I beg to differ with the expert Mr.Sudhir Kumar who states:
"on the contrary they could have successfully denied information under section 8(h)
(h) information which would impede the process of investigation or apprehension or prosecution of offenders;"
I give below the following citation:
Information on ongoing investigation [Secs. 8(1)(g) & 8(1)(h) of the RTI Act]
Case: In the case of Ravinder Kumar vs. B.S. Bassi, Jt. Commissioner, Police
(F.No.CIC/AT/A/2006/00004, dated 30/6/2006), the applicant had sought details
regarding the progress of an investigation of a case by the police.
Judgment: The CIC dismissed the appeal relating to the disclosure of information.
It ruled that the disclosure of information, in cases under investigation by the police was
exempted, according to the provisions of Sections 8(1)(g) and 8(1)(h), of the RTI Act.
It is justified not to disclose information in cases of ongoing police investigations (which
have not yet been completed), because such a disclosure could hamper the
investigation process, the Commission held.
25
Provisions involved:
Section8 (1) - Notwithstanding anything contained in this Act, there shall be no obligation to give
any citizen —
(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;
(h) Information which would impede the process of investigation or apprehension or prosecution
of offenders.
All the above information will be useful for filing second appeal.
Sudhir Kumar, Advocate
(Expert) 25 July 2013
you fresh questions
1)do I need to go physically and submit the 2nd appeal to the sic or I can send it through speed post?
Ans : not a legal query. check frfom SIC website.
2)I have submitted some previous judgements in my first appeal. Shall I submit mention and submit them in my second appeal too or I wait for the hearing to bring them?
Ans : you should quote. You should carry these judgements on hearing SIC/SIC is not formal court.
3) shall I ask for compensation too for denying without proper justification?
Ans : You choice.
4)shall I file a separate rti to find out if they have followed process under sec 11(1) and contacted 3rd party ?
Ans : Yes you can.Have they quoted refusal by 3rd party.
malipeddi jaggarao
(Expert) 25 July 2013
My explanations are enough to answer your fresh querries. There is no provision for asking compensation under RTI Act. You can send the second appeal by speed post.
Guest
(Querist) 25 July 2013
Dear Sudhir sir
They have not quoted refusal by 3rd party. They have said - the complaint copy cant be provided to the defendant under section 11(1) of the RTI Act
Sir, please suggest in this scenario - one thing is .. i file for Second Appeal.
before that, shall i file another RTI asking
1)if the third party has asked to treat the complaint copy as confidential document?
2) did the first apellate authority and the PIO has the intention to share the complaint copy and then asked the 3rd party's consent for the same?
3)on which date the 3rd party was contacted?
4)did the 3rd party give reply thru written or verbal communication?
5) please share copy of the 3rd party reply for written communication or the minutes of the discussion for verbal communication?
6)By circualar # XXX, its notified that the first apellate authority is SSP. why the First Appeal # YYY was replied by the police station instead of the SSP?
please let me know if answers to this questions will help me in my 2nd appeal
i look forward to your help and guideline.
Guest
(Querist) 25 July 2013
Thanks Malipeddi Jaggarao Sir. i have few more queries and need your expert suggestion on them
Guest
(Querist) 25 July 2013
Experts please help
Dr J C Vashista
(Expert) 06 August 2013
Mr. Saint has rightly asked and it is a general practice wherein police do not provide copy of complaint against the accused, in any case, under any pretext, especially u/s 11 RTI Act.
However, querry has been properly advised.
