KIC 3143 COM 2008
KARNATAKA INFORMATION COMMISSION
(Sri Sunil Kumar Panchariya vs. Deputy Commissioner of Police (Central),
Bangalore)
O R D E R
4-12-2008
1. Petitioner is present. Dr. G. Ramesh, Deputy Commissioner of Police
(Central) is present along with Sri Dorairaj, Administrative Officer, Office of
the Deputy Commissioner of Police (Central), Bangalore.
2. In his request for information dated 8-01-2008, Petitioner has sought
information regarding status of the investigation for complaint registered
under C mis. number 40034 dated 28-02-2007 of High Grounds Police Station,
copies of all documents related to this case and whether the case has been
proved as false.
3. Petition was last heard on 13-9-08, when Commission had directed the
Respondent Dr. G Ramesh to conduct an enquiry to ascertain the PIO responsible
for delay in providing the required information, ask the concerned PIO to
explain the delay and also show cause why penalty under section 20(1) of the
Act should not be levied upon him.
4. Dr. Ramesh submits his report. He states that he had received the request
for information on 8-1-08 and thereafter transferred it on 9-1-08 to the High
Grounds Police Station. Dr Ramesh shows original letter of acknowledgement
which has a seal of High Grounds Police Station showing that it was received in
that office on 9-1-08. Thereafter, entire delay has been caused by Sri
Ramaswamy, the then PIO and PSI, High Grounds Police Station. Sri Ramaswamy has
since been transferred to the City Special Branch in the month of September 08.
5. Commission therefore directs Sri Ramaswamy, PSI City Special Branch, Office
of Commissioner of Police, Bangalore to show cause within a month, why penalty
under section 20(1) of the Act should not levied upon him for the delay in
providing the required information.
6. In case, he fails to respond, it would be presumed that he has nothing to
say and orders would be passed on merits
7. Petitioner also states that he was threatened by the constable from High
Grounds Police Station stating that in case he went against local police he
would face the consequences. Commission has received several similar complaints
against police stations, wherein it has been alleged that when an applicant
files an application under RTI Act with a police station, either the constables
from the police station repeatedly visit his house or he is repeatedly summoned
to the police station. Commission is of the view that these practices are
hindering the proper implementation of the provisions of the Act and exercise
of the right to information by the citizens vis-à-vis police authorities.
8. Therefore, through a copy of this order addressed to Sri Upendra Tripathi,
Principal Secretary, Home and Sri Srikumar, DG and IGP, Bangalore; Commission,
in exercise of rights conferred on it under section 19(8)(a), hereby directs
them to issue general instructions to all concerned that no police personnel
shall visit any premises of an applicant under Right to Information Act in
connection with his application and no applicant shall be ever asked to visit
the Police Station by a police personnel in connection with his application
under RTI Act, except for inspection of the records, if such inspection has
been sought by him.
9. All communications including the intimation regarding fee to be paid and the
information to be provided to the applicant shall be sent to him only through
post, preferably by registered post and in case of any difficulty, under
certificate of posting. Further any violation of these directions shall make
the concerned police personnel liable for disciplinary action.
10. Commission issues the same instructions to Dr. G. Ramesh, Deputy
Commissioner of Police (Central) also.
11. Petition is adjourned to 26-2-2009 at 3-30 p.m.
12. Dictated, draft corrected, signed and pronounced in the open court, this
4th day of December 2008.
(J. S. VIRUPAKSHAIAH)
STATE INFORMATION COMMISSIONER
(K. K. MISRA)
STATE CHIEF INFORMATION COMMISSIONER
Addresses of parties:
Sri Srikumar, DG and IG of Police,
Nrupathunga Road, Bangalore-560 001.
Sri Ramaswamy, PIO and PSI,
High Grounds Police Station, Bangalore-560 001.
2. Sri Upendra Tripathi, Principal Secretary,
Home Department, Vidhan Soudha, Bangalore-
560 001.
3. Sri Sunil Kumar Panchariya,
No. 10, Asri Kanta Layout, Crescent Road,
High Grounds, Bangalorde-560 001.
Dr. G. Ramesh, Deputy Commissioner of Police
Central, Cubbon Park Police Station, Bangalore.
B.H. VEERESHA
MAHITHI HAKKU ADHYAYANA KENDRA
54, 17TH CROSS, M C LAYOUT
VIJAYANAGAR, BANGALORE 560 040
TEL.NO. 9448704693
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