Personal Information not replied to

[concerned]

Hello. I am "concerned"...I have tried to send messages on new thread but it is not working so I am simply trying to post here.

Please, I am a westerner with a residential permit, residing in india for 10 years now. I am married with a tibetan refugee Indian Certificate "IC" holder in lieu of Indian Passport who is now trying to break our legal indian marriage. My advocate has filed an RTI application form to the local security branch for their log inspection for unauthorised departures and re-entries as compared with my husband's IC and RC, in addition to investigation in conflict in country and date of birth on these documents to what my husband has documented in e-mails, as well as annual horoscopes for years now. This RTI was filed in beginning November 2006 and has NOT been responded to, nor even acknowledged, in writing. In a phone conversation, my advocate was told that RTI application can NOT access this information ? Is this true? Whether it is true or not, does there not have to be at least a response of some kind in writing?
Thank you for your help.

[kushal]

If you are able to post here, it means you can create new thread too. However, I have now moved this post to separate thread.

Regarding acknowledgment and reply thereof by public authority , you need to check up the following:

1. Has the Information been sought for from competent CPIO ?
2. Had you filled the requisite fees and obtained the receipt?

If the answer to both of them is 'Yes', then you need to approach the Appellant Authority (AA) of the concerned CPIO , and you may prefer an appeal.

In case you do not get the appropriate answer from AA, you may prefer 2nd Appeal with Chief Information Commissioner, New Delhi.

Prospective Analysis:

1. The CPIO must have replied to your queries, and if proper procedure had been followed by you, the information can be derived to be denied as under under RTI Act and appropriately you can take up the matter with 1st and 2nd AA.
2. You issue seems to involve personal information of 3rd party (Your Husband) and hence cannot be disclosed under RTI Act. Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority , as the case may be, is satisfied that the larger public interest justifies the disclosure of such information .
   Here there doesn't seem to be any larger public interest been solved if the information is disclosed.

[maneesh]

Please post the RTI application filled by your advocate, as what information has been requested exactly? and to which public authority the application ws filled.

The details of departure and arrival of any person is monitered by Minsitry of Home Affairs through Bureau of Immigration, India
Bureau of Immigration, India - Home Page

This is an interesting case with different dimension.

The third party information can be disclsoed after intiating third party proceedings.

[concerned]

Many thanks for putting this where it belongs...actually each time I try to start new thread I can put in subject but the text body remained "grey" and would not let me type any text...I checked with my advocate yesterday and he told me this:

1) original right to information to check status of prior application letter and do investigation was sent to PIO as per the HP Government Pro-active Disclosure, who is the AC to Divisional Commissioner, Kangra District, along with some other RTIs.

2) In response the PIO /AC to Divisional Commissioner, Kangra District, wrote back to my advocate stating that in his capacity as AC to DC, he is ONLY PIO of revenue Dept whereas it is for my advocate to apply to the PIOs of each concerned department. And then all the RTIs sent were returned to my advocate.

3) DSP called my advocate to state "how can I act on an RTI which I have yet to receive?"...fair enough...

4) I got the original RTI , dated 13th November 2006, back from my advocate, and sent it to DSP/PIO of Security Branch this morning.

So, now let's see what happens.

[concerned]

RTI which was filed...
To: DSP/PIO
Fm: Advocate
Subject matter of information : Status of McLeod Ganj Security Branch Registered Application letter Number 527, 19/10/06, Inspection and Verification of Security Logs as compared with RC and various IC's for Verification of Dates -- Departures from and Arrivals/Re-entries to McLeod Ganj, Tehsil Dharamshala, HP, for Respondent (with his name and rc/ic numbers).
Period to which information relates: as per Registration Number 527, 19/10/06
between 9th and 15th July 2005; 20th and 30th August 2005; 12th and 20th December 2005; 10th and 25th February 2006
Description of information required: as per Registration Number 527, 19/10/2006

[mpai]

Originally Posted by concerned

RTI which was filed...
To: DSP/PIO
Fm: Advocate
Subject matter of information : Status of McLeod Ganj Security Branch Registered Application letter Number 527, 19/10/06, Inspection and Verification of Security Logs as compared with RC and various IC's for Verification of Dates -- Departures from and Arrivals/Re-entries to McLeod Ganj, Tehsil Dharamshala, HP, for Respondent (with his name and rc/ic numbers).
Period to which information relates: as per Registration Number 527, 19/10/06
between 9th and 15th July 2005; 20th and 30th August 2005; 12th and 20th December 2005; 10th and 25th February 2006
Description of information required: as per Registration Number 527, 19/10/2006

The applicant i.e. the Advocate along with you can inspect the Security Log books under Section 4 (a) of the RTI Act. Its better that you inform them a few days in advance that you wish to inspect these log books and then later ask for the photocopies of the relevant pages after paying the requisite fees.

Insist on the inspection under Section 4 !