RTI made to get a copy of NC complaint

**sapnaasachdev** · 04-18-2009, 10:42 AM

Hi,

I have dispute with my landlord for repairs of the premises. He is not allowing me to repair nor he is repairing the premises. The process for permission for repairs is already with Municipal Corporation.

In meantime the landlord had got a local political person to threaten me. I filed NC against that person & in return the Landlord filed a false complaint against me.

Now, I wanted to know the contents of the NC complaint by the landlord. On an advice of a friend I filed RTI application for the certified copy of NC. I have received a reply from Police that since it is NC (Non-cognisable) and I am the accused, I require to get Magistrate permission.

I find it absurd because why should I not be allowed to know the content of the complaint filed against me through RTI. Please guide me, do I need to approach Magistrate or should I file appeal under RTI.

Regards,
Sapna

Similar Threads which you may be interested into:

**karira** · 04-18-2009, 05:35 PM

Sponsorer

The reply of the Police is abosultely incorrect.
Under the RTI Act they can refuse information only if it falls under any of the Sections 8 or 9.
(Please refer to the online RTI Act: act.rtiindia.info)
Did they quote any sub-section of Sec 8 while denying the information ?

If no, please file a First Appeal.

The First Appeal has to be filed within 30 days of receiving the PIO's reply.

**sapnaasachdev** · 04-23-2009, 06:15 PM

Thank you Kariaji for the advice.

There is no section/subsection mentioned under RTI Act with regards to reasons for non-disclosure of the information I am seeking.

Secondly PIO has attached the reply he has got from the Police Station that I am the opponent party who is seeking the copy of NC & therefore I require the Magistrate permission for such information.

I have drafted the Appeal; however I am confused with the contents to be mentioned under “Grounds for Appeal”.
Can I write following reason for Grounds of appeal:-
a) The information sought does not fall under Section 8 & 9 of the RTI Act
b) The information sought is the copy of complaint made against me and I have the right to know the nature and content of the complaint.

What I know that Police can intervene /investigate directly in cognizable offences & in case of Non-Cognizable it cannot intervene or investigate the matter unless Magistrate orders to do so. Therefore can I mention as there is no direct investigation in the matter, I have the right to seek the copy of the complaint.

Regards,
Sapnaa

**karira** · 04-23-2009, 10:35 PM

Sapnaa,

Items a and b are absolutely correct. I am not sure about the last para since I am not a legal person. Better leave it out.

Some other points you can mention in your First Appeal:

1. There is nothing in the RTI Act which says that a Magistrates permission be obtained to get any information under RTI.
2. Pray for a personal hearing for the First Appeal. This way you can attend the hearing yourself and argue forcefully.

After grounds of appeal, you have to also state the "Prayer in the First Appeal" (that basically means what do you want the FAA to do ?)

**sandeepbaheti** · 04-26-2009, 01:48 AM

Information can be denied if it has been expressly forbidden by a court of law. But one does not need to obtain any permission from any court or magistrate for seeking any information.