ID :
34788
Wed, 12/10/2008 - 09:45
Auther :
Shortlink :
http://m.oananews.org//node/34788
The shortlink copeid
Calls made to police control room are public documents: CIC
New Delhi, Dec 9 (PTI) The records of calls made to Police Control Room (PCR) -- on 100 -- are "public documents" details of which should be provided under the Right to Information (RTI) Act, even if an accused wants to use it for defence in a Court, Central Information Commission (CIC) has directed.
"Records of calls received in PCR are, in fact, public
documents. Their disclosure is incumbent unless that have been
made in confidence in which case such a condition will require
to be recorded," Chief Information Commissioner Wajahat
Habibullah said.
"Unless it is clearly established that such a disclosure
would impede the process of investigation or prosecution and
not simply that the record will be used in defence by an
accused," he said.
The case relates to one Ram Lal who sought details of a
call made to the police control room on January 19 and 20,
2007 from Model Town police station. A similar application was
moved by one Asha Devi seeking same call details.
The Delhi police refused to give information saying that
it "could not be acceded to under section 8 (1) (h) of the RTI
Act."
Not satisfied with the reply, Asha filed an appeal with
the police claiming that the calls were made by her and it was
her right to know what she informed police.
"There is nothing secret or any such thing which relates
to you or any investigation or any third party related
matter," she pleaded.
Delhi police again rejected the appeal saying that it
will impede the prosecution of an accused.
Asha reached the Central Information Commission with the
prayer to direct the officer concern to provide the required
information and take action against the official responsible
for it.
Delhi Police in its reply to the Commission submitted
that the brother of the appellant is among top ten criminals
of North West District and was arrested by the Adarsh Nagar
police station.
"It is their tactics to call PCR falsely mentioning the
name of some police stations so that police refrain from
having surveillance on his activities and to use such calls
to take benefit during the trial of case," the police
submitted.
However, the commission asked as to "How providing a
record of calls received in PCR could impede the process
either of investigation or of prosecution, which will qualify
the information for exemption from disclosure (under RTI
Act)". PTI ABS
"Records of calls received in PCR are, in fact, public
documents. Their disclosure is incumbent unless that have been
made in confidence in which case such a condition will require
to be recorded," Chief Information Commissioner Wajahat
Habibullah said.
"Unless it is clearly established that such a disclosure
would impede the process of investigation or prosecution and
not simply that the record will be used in defence by an
accused," he said.
The case relates to one Ram Lal who sought details of a
call made to the police control room on January 19 and 20,
2007 from Model Town police station. A similar application was
moved by one Asha Devi seeking same call details.
The Delhi police refused to give information saying that
it "could not be acceded to under section 8 (1) (h) of the RTI
Act."
Not satisfied with the reply, Asha filed an appeal with
the police claiming that the calls were made by her and it was
her right to know what she informed police.
"There is nothing secret or any such thing which relates
to you or any investigation or any third party related
matter," she pleaded.
Delhi police again rejected the appeal saying that it
will impede the prosecution of an accused.
Asha reached the Central Information Commission with the
prayer to direct the officer concern to provide the required
information and take action against the official responsible
for it.
Delhi Police in its reply to the Commission submitted
that the brother of the appellant is among top ten criminals
of North West District and was arrested by the Adarsh Nagar
police station.
"It is their tactics to call PCR falsely mentioning the
name of some police stations so that police refrain from
having surveillance on his activities and to use such calls
to take benefit during the trial of case," the police
submitted.
However, the commission asked as to "How providing a
record of calls received in PCR could impede the process
either of investigation or of prosecution, which will qualify
the information for exemption from disclosure (under RTI
Act)". PTI ABS
