Home Case Index All Cases Indian Laws Indian Laws + Commission Indian Laws - 2015 (4) TMI Commission This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (4) TMI 1009 - Commission - Indian LawsNon-furnishing of information as per the RTI application - information with respect to letter dated 25-11-2014 filed in relation to demolition drive being undertaken in Priyadarshini Vihar by DDA Namely, On which date the letter was placed before Home Secretary, GNCTD, Steps taken by Home Secretary. etc. Superintendent Home on 17-12-2014 replied that the letter of the applicant was transferred to DCP (HQ) - Held that:- The Commission notes that the respondent authority should have transferred the RTI application to Delhi Police. Instead, simply forwarded the same, and also there was delay in their part in replying to the life and liberty RTI application which should have been done within 48 hours. The Commission noted that the respondent-Home Department has dealt with the life related RTI request to be a routine file. Even if it was not life related RT request, it should have been forwarded within 05 days. After a long duration the Delhi Police inquired into the application and decided that there was no threat to his life. It was the fortune of applicant that the threat disappeared, otherwise he would have suffered serious risk in spite of his request for security and information as action taken. The objective of provision of RTI Act [Section 7(1) Proviso] that life and liberty related information shall be given in 48 hours is to inculcate responsive attitude in the Police Authority. It is pathetic to note that Home Deptt. did not exhibit any concern and remained unresponsive. They simply passed on the back to Delhi Police. He requested for security on 25-11-2014, filed RTI request on 28-11-2014, which should have been transferred to Delhi Police immediately when received. It was forwarded after 7 days. As there was no response appellant approached Delhi High Court, which directed Police to ensure his safety. Yet there was neither any action, nor action taken report. It is a fit case where penalty proceedings should be initiated. The Commission directs the PIO, Shri R.K. Ahuja, Dy. Secretary (Home) to explain why maximum penalty cannot be imposed for not responding to RTI application in time which pertains to life and liberty. His explanation should reach the Commission within 21 days from the date of receipt of this order. The Commission also directs the Police authority to develop a mechanism to respond life and liberty related RTIs within 48 hours and report the same to the Commission within 48 hours and post the same on official website.
|