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Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Acts
  • section 8 (1) (g), (h) & (j) of the RTI Act. 1 Appeal No.CIC/SS/A/2011/001435
  • clause (g), (h) of sub-section (1) of section 8 of the RTI Act,
  • Constitution of India. Section 8 of the RTI Act, 2005
  • Section 8, 9 & 10 of the RTI Act, 2005
  • section 8 (1) of the RTI Act, 2005
  • Information Act, 2005
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Acts
  • section 8 (1) (g), (h) & (j) of the RTI Act. 1 Appeal No.CIC/SS/A/2011/001435
  • clause (g), (h) of sub-section (1) of section 8 of the RTI Act,
  • Constitution of India. Section 8 of the RTI Act, 2005
  • Section 8, 9 & 10 of the RTI Act, 2005
  • section 8 (1) of the RTI Act, 2005
  • Information Act, 2005
Smart Summary

Factual and Procedural Background

The Appellant filed an RTI application seeking information on eleven points related to case/FIR No. 14/201 dated 01/03/2011 under Section 363 IPC at P.S. Hauz Qazi. The Central Public Information Officer (CPIO) refused to provide the information citing exemptions under sections 8(1)(g), (h), and (j) of the RTI Act. The Appellant then filed a First Appeal before the First Appellate Authority (FAA), which upheld the CPIO's decision except that it directed the provision of a copy of the FIR to the Appellant, which was duly provided. Dissatisfied with this, the Appellant preferred the present appeal before the Commission.

Legal Issues Presented

  1. Whether the information sought by the Appellant, which pertains to public records related to a pending investigation, can be denied under the exemptions provided in section 8(1)(g), (h), and (j) of the RTI Act, 2005?
  2. Whether the fundamental right under Article 19(1)(a) of the Constitution to receive information from public records overrides the statutory exemptions under the RTI Act in the context of an ongoing investigation?

Arguments of the Parties

Appellant's Arguments

  • The information requested is from public records and not personal records.
  • The Appellant has a constitutional fundamental right under Article 19(1)(a) to access such information.
  • The respondent has failed to provide the required information as mandated by the RTI Act.

Respondent's Arguments

  • The investigation of the FIR is still pending.
  • Providing further information at this stage would impede the investigation, apprehension, or prosecution of offenders.
  • The requested information attracts exemptions under sections 8(1)(g), (h), and (j) of the RTI Act, and hence cannot be furnished.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Commission acknowledged the Appellant's right under Article 19(1)(a) of the Constitution to access information from public records. However, it emphasized that fundamental rights, including the right to information, are qualified rights subject to reasonable restrictions. The RTI Act itself imposes such restrictions through sections 8, 9, and 10, which allow withholding information to protect public interest, ongoing investigations, and other concerns. The Commission found that the information sought, except for the copy of the FIR already provided, falls under exemptions specified in section 8(1)(g), (h), and (j) of the RTI Act, as disclosure would impede the ongoing investigation. Consequently, the Commission rejected the Appellant's contention that the information could not be denied and upheld the exemptions as valid and applicable in this case.

Holding and Implications

The Commission dismissed the appeal, holding that the exemptions under section 8(1)(g), (h), and (j) of the RTI Act justified withholding the requested information beyond the FIR copy already provided. The decision reaffirms that the fundamental right to information under Article 19(1)(a) is subject to reasonable restrictions, particularly where disclosure may hinder ongoing criminal investigations. No new precedent was established; the ruling directly affects the parties by denying further disclosure of information related to the pending investigation.

    Mr.P S Kem v. Ministry Of Home Affairs

    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

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    Mr.P S Kem v. Ministry Of Home Affairs
    (Jan 20, 2012)