Respondent: Upon completion of investigation, case file was deposited before the Court; Statements sought by the Appellant are not available in their records - Appellant: Original statement is not available in the judicial file - CIC: Send an affidavit
3 Jan, 2024
Respondent: Upon completion of investigation, the case file was deposited before the Court and the statements sought by the Appellant are not available in their records - Appellant: Original statement is not available in the judicial file - CIC: Send an affidavit to the Appellant deposing clearly whether the Appellant’s statement exist in their official records or not, after submission of the case file before the concerned Court
Information sought and background of the case:
The Appellant filed an RTI application dated 26.11.2021 seeking information related to a written complaint bearing DD no. 101-B which was filed in Vasant Vihar Police Station, on 25.08.2014. Some of his queries were as under:
Is it True that the Enquiry of the aforesaid Complaint D.D. No. lm-B was marked on 26.08.2014 by the SHO, PS:. Vasant Vihar to W/SI Cecilia for enquiry and Report? Provide the answer Yes of No.
Is it true that on 11.12.2014, W/SI namely Cecilia was on duty and along with Constable Prem Prakash, No.2920/SD came to the residence of the undersigned at First Floor and recorded the Statements of the undersigned (contain 3 pages, 2 page statement own writing of undersigned and one page statement of undersigned was written by the IO namely Cecilia) Statement of Surender Kumar Malik and Mrs. Phoolwati Devi (contain 1 page each) (Total 5 pages)? Provide the answer Yes or No.
The CPIO/vide letter dated 23.12.2021 replied as under:-
“In this regard a Case FIR no. 336/15 u/s 341/342/506/509/34 IPC was registered at PS Vasant Vihar on the complaint of 101B on 25.08.14. After completion of investigation case file has been deposited before Hon’ble Court vide RC No 278/21/15 Dt. 25.09.15. The case was put in court on 25.09.15. And Next date of hearing is fixed on 02.02.16. No Copy of statement is not available in this PS record. The applicant can take their information from the court.”
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.01.2022. The FAA vide order dated 02.03.2022 upheld the CPIO's reply.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Present
Respondent: ACP Sanghamitra was present for Delhi Police, South West District during the hearing.
The Appellant objected to the PIO’s reply and contended that he specifically seeks information mentioned in points number 5 and 6 of his RTI application, restricting his query to his own original statement dated 11.12.2014.
Respondent claimed that since 25.09.2015, upon completion of investigation in this case, the case file has been deposited before Hon’ble Court vide RC No 278/21/15 dated 25.09.15. Hence statements sought by the Appellant are not available in their records. The Appellant pointed out that he had inspected the Court records and found that the original statement dated 11.12.2014, sought by him is not available in the judicial file.
Decision:
In the given circumstances, the Commission hereby directs the Respondent to send an affidavit to the Appellant deposing clearly whether the Appellant’s statement as mentioned in the queries number 5 and 6 exist in their official records or not, after submission of the case file before the concerned Court in 2015. The affidavit shall be sent by the Respondent to the Appellant and a copy duly marked to the Commission, within three weeks of receipt of this order.
The appeal is disposed off on the above terms.
Heeralal Samariya
Chief Information Commissioner
Citation: Shri Ravinder Kumar Malik v. Delhi Police, CIC/DEPOL/A/2022/119564; Date of Decision: 13.12.2023