1. The Appellant has preferred this appeal against the order of the First appellate Authority dated 01/06/2011. The Appellant through his RTI Application has sought information on eleven Points, with respect to case/FIR No. 14/201 dated 01/03/2011 U/S 363 IPC, P.S Hauz Qazi.
2. The CPIO had refused to furnish the information on the grounds that the requested information attracts the exemptions under section 8 (1) (g), (h) & (j) of the RTI Act. Appeal No.CIC/SS/A/2011/001435
3. Aggrieved by the decision of the CPIO the Appellant preferred the First Appeal before the FAA. The FAA has upheld the decision of the CPIO with the exception however that the copy of the case/FIR No. 14/201 dated 01/03/2011 U/S 363 IPC, P.S Hauz Qazi. be provided to the appellant, and the same has been provided by the PIO. Hence this Appeal.
4. It is the submission of the Appellant that the respondent have completely failed to provide the required information as per the provisions of the RTI Act which cannot be denied as the same information required by the Appellant is from public records which is not personal records and it is the fundamental right of a person /appellant constitutionally under Article 19(1) (a) of the constitution covered under chapter I of the RTI Act, 2005.
5. On the other hand the Respondent has submitted that since the investigation of case FIR No. 14/201 dated 01/03/2011 U/S 363 IPC, P.S Hauz Qazi is still pending, no further information can be provided at this stage, as the providing of information would impede the process of investigation or apprehension or prosecution of offenders.
6. The Commission has considered the submissions made by both the parties. The foremost contention of the Appellant is that the information which he is seeking is from the public record and not personal thus the information Appeal No.CIC/SS/A/2011/001435 cannot be denied to him as it is his fundamental right to get information from the public record under Article 19(1)(a) of the constitution of India concerned under Chapter I of the RTI Act, 2005.
7. The Commission agrees with the Appellant to the extent that the requested information forms part of the public record and also that the Appellant or for that matter any citizen of the India has a fundamental right under Article 19(1)(a) of the constitution of India to get information from the public records. However the Commission does not agree with and nor does it accept the contention of the Appellant that the requested information cannot be denied to him.
8. The Right to Information Act, 2005 is a manifestation of the fundamental right of the citizens of right to information. It is a settled position that in India the fundamental rights are not absolute but qualified. All the fundamental rights are subject to some reasonable restrictions. The Constitution itself gives power to the executive or parliament to impose reasonable restriction upon the fundamental right keeping in mind various factors such as public interest, public health, national security etc.
9. The right to information is also a qualified right which is subject to some reasonable restrictions. section 8, 9 & 10 of the rti act, 2005 are those Appeal No.CIC/SS/A/2011/001435 reasonable restrictions upon the fundamental right to information which has been imposed by the legislature in exercise of its power under the Constitution of India. Section 8 of the RTI Act, 2005 provides certain exemptions from discloser of the information. Any requested information which attracts any of the exemptions under section 8 (1) of the RTI Act, 2005 is not required to be disclosed. The CPIO may refuse to furnish any such information. Hence the Commission finds no merit in the contention put forth by the Appellant.
10. The Respondent on the other hand has satisfied the Commission that the requested information at point no. (ii) to (xi) of the RTI application attracts exemption under clause (g), (h) of sub-section (1) of section 8 of the RTI Act, 2005. 11.In this light the Commission find no merit in this Appeal, hence dismissed. (Sushma Singh) Information Commissioner 20.01.2012 Authenticated True Copies (D.C. Singh) Deputy Registrar Appeal No.CIC/SS/A/2011/001435 Name & Address of Parties: Sh. Prithvi Singh Kem, 1272, Chowk Shah Mubarik, Near Kucha Pati Ram, Delhi 110 006 The CPIO/PIO, Delhi Police, Office of the ADCP cum PIO, Central District, Darya Ganj, Delhi The Appellate Authority, Delhi Police, Office of the DCP cum PIO, Central District, Darya Ganj, Delhi