Can information regarding the FIR registered against the appellant be disclosed?
19 Apr, 2013
Background
The appellant filed an application under the Right to Information (RTI) Act with the Police Department, Puducherry seeking information regarding the FIR registered against him on the direction of the concerned court of Chief Judicial Magistrate on a complaint filed by his wife. The public Information officer (PIO) provided some information.
Proceedings
During the hearing before the Central Information Commission (CIC), the respondent stated that the case has been investigated into. The charge sheet has been filed against the appellant and the matter is under trial in the CJM court. The respondent submitted that the appellant has requested for guidelines for investigation of dowry related cases especially section 498A r/w section 34 IPC and section 4 of Dowry Prohibition Act which has been provided to the appellant. The respondent further submitted that the appellant also sought information related to the investigation conducted by the police into the matter and since the matter is under trial, information has been denied under section 8(1)(h)
Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders;
Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders;
of the RTI Act. The First Appellate Authority (FAA) observed that the information asked by the appellant in some point appeared to be hypothetical in nature and did not come under the purview of section 2(f)
“information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
of the RTI Act.
View of CIC
The Commission directed the PIO to provide copy of DD entry in respect of the case to the appellant. The PIO was also directed to provide a copy of the complaint filed by complainant’s father against the appellant observing that the appellant in the interest of natural justice should not be denied a copy of the complaint made against him and which has been acted upon by the police. The Commission held that matter is under investigation therefore provision under section 8(1)(h)
Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders;
Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders;
applies to the other information sought by the appellant.
Citation: Mr. K. Datchinamoorthy v. Police Department, Puducherry in No. CIC/SS/A/2012/001860
RTI Citation : RTIFI/2013/CIC/1211
Click here to view original RTI order of Court / Information Commission