Copies of statement given by appellant’s wife and copy of documents attached with complaint denied u/s 8(1)(g) - CIC: disclosure may endanger the life and physical safety of the complainant - denial of information by respondent upheld
15 Oct, 2013Copy of complaint and action taken on complaint denied as third party declined when consulted u/s 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: 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: - copies of statement given by his wife and copy of documents attached with complaint denied u/s 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; - CIC: as agreed during the hearing, an attested copy of complaint along with action taken thereon to be provided - disclosure of copy of documents attached with the complaint and copy of statement of the Appellant’s wife may endanger the life and physical safety of the complainant – denial u/s 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; upheld
ORDER
The present appeal, filed by Shri Rahul Kumar Goyal against Delhi Police, was taken up for hearing on 26.08.2013 when the Respondents were present through Shri Ranbir Singh, ACP/EOW. The Appellant was present in person.
Facts of the case:
2. The Appellant filed an RTI application dated 18.06.2012 with the CPIO, Delhi Police, New Delhi seeking certain information (like, action taken on complaint; copies of complaint; copies of statement given by his wife, Ms. Swati Kalgaonkar; copy of documents attached with complaint etc.) regarding police complaint filed by his father-in-law, Shri Shashikant Kalgaonkar against him and his family members.
3. The CPIO vide his letter dated 28.04.2012 declined the disclosure of information to the Appellant on the ground that the same is related to third party (Shri Shashikant Kalgaonkar), who has also objected to the disclosure of said information when consulted u/s 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: 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: of the RTI Act.
4. Aggrieved by the reply of the CPIO, the Appellant filed an appeal dated 23.07.2012 before the Appellate Authority which the Appellate Authority decided vide his order dated 23.08.2012 upholding the CPIO’s reply in respect of point No. 4 of the RTI application. As for points 1 to 3, the Appellate Authority directed the CPIO to reconsider the information sought by the Appellant in said points and provide a reply to the Appellant.
5. The CPIO accordingly provided the information in respect of point Nos. 1 & 2 to the Appellant. He, however, denied the information in respect of point 3 (i.e. copies of document attached with the complaint) citing exemption u/s 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; of the RTI Act.
6. The Appellant then filed the present appeal before the Commission challenging the denial of information by the Respondents.
Decision:
7. During the hearing, the Respondents inform the Commission that the complaint in question, filed by the Appellant’s father-in-law against the Appellant, had been filed by the police as the complainant (Appellant’s father-in-law) and his daughter (Appellant’s wife) were not willing to pursue the same further. They, however, at this stage, have no objection in providing copy of complaint along with the action taken thereon by the police to the Appellant. The Appellant, on his part, desires to receive complete information including copy of documents attached with the complaint and copy of statement of his wife.
8. Having heard the submissions of both the parties and perused the records, the Commission directs that the CPIO, as agreed during the hearing, shall provide an attested copy of complaint along with action taken thereon to the Appellant within 1 week of receipt of this order. As for disclosure of copy of documents attached with the complaint in question and copy of statement of the Appellant’s wife, the Commission, while observing that disclosure of this information may endanger the life and physical safety of the complainant and his daughter or any other person involved in said matter, rejects this request of the Appellant u/s 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; of the RTI Act.
9. Appeal is disposed of with the above directions.
(Sushma Singh)
Information Commissioner
Citation: Shri Rahul Kumar Goyal v. Delhi Police Case No.CIC/SS/A/2012/003290