2015 (4) TMI 1009 - Commission - Indian Laws

Non-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.

Summary

Issues:
1. Delay in responding to RTI application related to life and liberty.
2. Failure to transfer RTI application to the appropriate authority promptly.
3. Lack of concern and responsiveness by the Home Department.
4. Failure to develop a mechanism for responding to life and liberty related RTIs within the stipulated time frame.

Analysis:
1. The complainant filed an RTI application seeking information related to a threat to his life and property. Despite the urgency of the matter, the response was delayed by 17 days, breaching the RTI Act's requirement of responding to life and liberty applications within 48 hours. The respondent authority failed to transfer the application promptly to the Delhi Police, causing further delays in addressing the issue.

2. The Commission observed that the respondent Home Department treated the life-related RTI request as a routine matter, failing to show the necessary urgency even if it was not directly related to life and liberty. The delay in responding to the application resulted in a situation where the threat to the complainant's life had dissipated, highlighting the potential risks of such delays in addressing serious concerns.

3. The Commission emphasized the importance of the RTI Act's provision requiring responses to life and liberty related information requests within 48 hours to instill a responsive attitude in police authorities. The lack of concern and responsiveness displayed by the Home Department towards the complainant's security request and RTI application was deemed unacceptable.

4. In light of the failures identified in responding to the RTI application and ensuring the safety of the complainant, the Commission directed the PIO of the Home Department to provide an explanation for the delays and why maximum penalty should not be imposed. Additionally, the Police authority was instructed to establish a mechanism for responding to life and liberty related RTIs within 48 hours and report the same to the Commission promptly.

In conclusion, the judgment highlighted the importance of timely and responsive handling of RTI applications related to life and liberty, emphasizing the need for government authorities to prioritize such requests and develop efficient mechanisms for addressing urgent concerns within the stipulated time frames.