sunil (prop) 27 January 2021

Rti act - police closure report (frt)

Respected Panelist 1. The applicant submitted complaints and a case was registered before CMM, arising out of F.I.R. Case U/S 120B of IPC. 2. A final report has been forwarded before the CMM, declaring “Civil in Nature”. In connection with the said case, a RTI Application was filled as under: 3. please provide the following information / documents along with photocopy thereof: A. Photocopy of General Diaries including (G.D.) No. (mentioned in FIR). B. Name & Rank of the Investigating Officers involved and their tenure in this case. C. Reports prepared / submitted by IO and directions / file noting / Orders issued by Superior Officer(s) along with photocopies thereof. D. List of persons (Name & address) called upon by the Investigating Officer(s) (IO) for investigation in the matter along with photocopy of statement recorded. E. Photocopy of Notice(s) issued including u/s 91 CrPC to complainant and replies received thereof. F. Photocopy of Notice(s) issued including u/s 41A CrPC to Accused & Others and replies received thereof. G. List of information collected and / or received by the IO including CCTV footage, Emails / Statements / Letters / Documents etc., along with photocopies thereof. H. Photocopy of Document(s) by the name of Standard Operating Procedure (SOP) / Police Manual OR by any other name, detailing the procedure prescribed for police personnel and followed by IO for collection of information / evidence including electronic records / CDR at the time of inquiry / investigation in cases falling u/s 120B of IPC. The SPIO has replied as under: “Information sought may impede the prosecution of offenders and as such it is exempted from disclosure of information under Section 8(I)(h) of Right to Information Act, 2005 since the case is still in progress.” How to get information / documents? Any case law / citation on RTI Act, 2005 in connection with a closure report forwarded by the IO but on the other hand information is denied citing the “case is still in progress”? Looking forward for your valuable feedback. Thanks

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G.L.N. Prasad (Retired employee.) 28 January 2021

The denial is not justified. Simple stating a section and subsection in Sec.8 is not enough, the PIO has to justify how providing such information to impede the progress of the investigation. Sans any justification denial is not justified and treated as malafide denial. When the case is closed as Civil, the case was already logically concluded and there is no further investigation and stating that providing of information on closed as information impedes the progress of the investigation is deliberate and malafide denial without application of mind.

Immediately go for the First appeal to Appellate authority as stated in such denial response of SPIO. Search in google there are umpteen rulings against CVC and Police dept.., by SIC/CIC/HC stating such denial as malafide denial. Quote two or more such citations of CIC/HC.

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