I.G Patiala Range acting above RTI Act-2005

[shakti]

THROUGH SPEED POST

Wednesday, April 02, 2008

To

Sh.Ranbir Singh Khatra (PPS)
Public Information Officer
Cum
Senior Superintendent of Police
S.A.S Nagar, Mohali (Punjab)


Subject: Information required under section 6 of the RTI Act. 2005 regarding the registration of First Information Report(F.I.R) no.271 dated 30/09/2005 under the Jurisdiction of Police Station Derebassi,District Patiala (Punjab) at present under Jurisdiction of Police Station Zirakpur ,District Mohali (Punjab) (Information only in English and/or Hindi)

Dear Sir,

You are requested to provide the following information point wise under section 6 of the RTI Act, 2005 regarding the above said/mentioned F.I.R.

1. Detailed reason(s) for registering the F.I.R(Please provide complete details in each and every respect)
2. Name(s) and designation(s) of the Police officer(s) (of all rank(s)) and/or anybody who is deputed/involved/duty bond/answerable/associated/Inquiry officer(s) with/ in this above said F.I.R.(Please provide each and every detail(s) date wise from beginning i.e.30/09/2005 to the receipt of this application under RTI Act-2005)
3. Detail(s) and attested photocopy(s) of each and every document(s) and proceeding(s) mentioned below:-

(a) Mode and time of First Information received to the concerned Police Station/Police officer(s) i.e. V.T, Phone Call, Mobile call, etc-etc.
(b) Name(s) and designation(s) of the Police officials who reached the spot.
(c) Please provide the copy(s) of complete details of each and every proceedings thereafter (i.e. making site map, providing/shifting the needy/injured/dead to the hospital, informing senior Police officer(s)/Civil officer(s).Making case property/impounding vehicle(s), taking photograph(s)/Taking statement(s)/collecting evidence etc-etc)
(d) Is any kind of Litigation has arises/started/taken place in the/due to the above mentioned F.I.R in Court(s) of Law.(Please provide complete details).Name(s) and designation(s) of the Police officer(s)/Government employee(s)/Public servant(s) who were/are/will be directly and/or indirectly responsible/answerable for the same.
(e) Please provide the details of each and every expenditure done/money spend/loss to Police Department and/or any Government department(s) / Agency(s) / Branch(s) etc-etc. Due to the litigation.(Provide complete details i.e. salary, TA, DA, transportation, documentation, fee of advocate(s), loss of time &work of the Police officer(s)/Government officer(s) etc-etc deputed / involved)
(f) Does any Court of Law have given any direction(s)/order(s) regarding the above said F.I.R. If yes then provide the date of compliance of order(s) in principal/actual shape. If not then provide the name and designation of the Police officer(s)/Government employee(s) Public Servant(s) who were/are/will be responsible personally directly and or indirectly in the contempt of Court/willful contempt of Court/Disrespect of/to the Court.
(g) Date of filling the Challan (Please provide each and every details i.e. challan filled by, Name and details of Court, next date of hearing, challan under which section of the act/rule/constitution is made)
(h) If challan is not produced till date (i.e. date of receipt of this letter) then provide detailed reason(s) for not filling the challan as per the Constitution of Our Great Country.
(i) What action has been taken against the concerned Official(s)/Police Officer(s).If no action is taken then the detailed reason(s) for saving the guilty.
(j) If the challan is not produced then the last date/final date of producing the challan.

I am enclosing an Indian Postal Order no 63E 552956 for Rupees Ten only as required under Right to Information Act 2005.
You are again requested to inform/provide/supply the above said information in Hindi and/or English at the earliest. I am ready to deposit the requisite fee, if any, after receiving the written advice/instructions from your end.

Thanking you,

Yours truly,


Jagphul Singh (Advocate)
Son of Late Sh.Khazan Singh
House no.556, Sector -7,
Panchkula-134109 (Haryana)
Phone no.0172-4623556







THROUGH SPEED POST

Wednesday, May 07, 2008

To

Sh.C.S.R. Reddy (IPS)
Appelleate Authority Under RTI Act-2005
Cum
IGP/Zonal-1, Pb., PATIALA
Patiala(Punjab)

Subject:First Appeal under RTI Act-2005 for directing the concerned and/or providing the Information required under section 6 of the RTI Act. 2005 regarding the registration of First Information Report(F.I.R) no.271 dated 30/09/2005 under the Jurisdiction of Police Station Derebassi,District Patiala (Punjab) at present under Jurisdiction of Police Station Zirakpur ,District Mohali (Punjab) (Information only in English and/or Hindi)

Dear Sir,

I have applied/submitted/given/filed/sent an application under RTI Act-2005 with Sh.Ranbir Singh Khatra (PPS),Public Information Officer Cum Senior Superintendent of Police, S.A.S Nagar, Mohali (Punjab) through speed post no.EE773946173IN dated 03/04/2008.Copy of the same is annexed as ‘Annexure-I’

The same was delivered on 04/04/2008 to the concerned P.I.O.Copy of the delivery report as available on the web site Welcome to the Indiapost Web Site is annexed as ‘Annexure-II’.

But the same and/or any kind of intimation/information/reply have not been supplied / received to the applicant till date i.e. 07/05/2008.

Finding no response/intimation within the statutory period and treating it as a case of deemed refusal. The applicant has filled this first Appeal before your goodself.

You are requested to supply and/or direct the concerned Public Information officer to provide the complete and detailed information in question as mandatory/required under the provisions of Right to Information Act-2005.

In the interest of Justice and to save the valuable time and money of the citizens of India and/or State and Nation.

Thanking you,

Yours truly,


Jagphul Singh (Advocate)
Son of Late Sh.Khazan Singh
House no.556, Sector -7,
Panchkula-134109 (Haryana)
Phone no.0172-4623556
THROUGH SPEED POST

Saturday, June 21, 2008

To

Sh.C.S.R. Reddy (IPS)
Appelleate Authority Under RTI Act-2005
Cum
IGP/Zonal-1, Pb., PATIALA
Patiala(Punjab)

Subject:In continuation to my first Appeal dated 07/05/2008 under RTI Act-2005 for directing the concerned and/or providing the Information required under section 6 of the RTI Act. 2005 regarding the registration of First Information Report(F.I.R) no.271 dated 30/09/2005 under the Jurisdiction of Police Station Derebassi,District Patiala (Punjab) at present under Jurisdiction of Police Station Zirakpur ,District Mohali (Punjab) (Information only in English and/or Hindi)

Dear Sir,

I have submitted/sent/filed an first appeal before your good self on 07/05/2008 through speed post No.EE774402495IN dated 07/05/2008.Copy of the same is annexed as ‘Annexure-I’

After filling the above stated appeal I received a letter from your office through ordinary post vide memo no.RTI/28-8888-89/Reder,Dated 16/05/2008.The copy of the same is annexed as ‘Annexure-II’

In the second week of June I received another letter from S.S.P,S.A.S Nagar/the office of S.S.P,S.A.S Nagar, Mohali through ordinary post vide memo no.Subject-5292/C dated 02/06/2008.Copy of the same is annexed as ‘Annexure-III’

Sir, first of all the most important thing which I want to bring in your kind notice is that this a first letter/post/reply/communication/answer from the office of SSP, Mohali/SSP Mohali after filling the application under RTI Act-2005 dated 02/04/2008.

That the reply sent by SSP, Mohali is wrong / illegal / misleading / confusing / untrustworthy.

According to SSP,Mohali Cum Public Information S.A.S Nagar/Mohali since the matter/subject has been referred for cancellation before the concerned court so the copy(s) of the same cannot be provided.

Respected Sir, you are requested to go through the below mentioned points:-

1. That the applicant has lost his young son aged around 28 years and friend of his son aged around 24 years at the time of accident. Two young lives were lost.
2. That despite being the fact that an FIR was registered after proper investigation and considering the medico legal report/postmortem report/circumstantial evidence etc.
3. That till date Justice has not been done to the applicant/family of the applicant.
4. That from the working style of the police it is proved/revealed that they are not taking the matter seriously and working under undue pressure reasons best known to them.
5. That the PIO has not sent any kind of information/intimation/reply with in stipulated time.
6. That the PIO has sent the above stated reply after receiving the directions/order of the Appellant Authority.
7. That the reply sent by the PIO is vague and not in accordance with the RTI Act-2005.Where the basic purpose/motive of the RTI Act-2005 is
THE RIGHT TO INFORMATION ACT, 2005 No. 22 of 2005
[15th June, 2005.]
An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.
WHEREAS the Constitution of India has established democratic Republic;
AND WHEREAS democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;







8. That till date even after more then 40 days the Appellant Authority has not decided the first appeal of the applicant as directed by the Central Information Commission in the case of Shri Krishan Lal Meena Vs Railway Board vide order no.CIC/OK/A/2007/01303 dated 03/04/200.Copy of the same is annexed as ‘Annexure-IV’.
9. That the same is also in violation of the Circular No.10/23/2007-IR,Government of India. Copy of the same is annexed as ‘Annexure-V’.
10. The view taken by PIO in rejecting/denying the Information “You are informed hereby this letter that the information required by you in the mentioned case”: “That the cancellation report has been filed on 05/10/2005 which is to be sanctioned by the concerned court. Therefore this information can not be provided.” .Whereas as per the Judgment of Madras High Court in the case titled J.M.Arumugham Vs State rep by The DSP,Vigilance and Anti-Corruption Wing, Salem & ors. Clr.O.P.No.18533 of 2007 “Furnishing of Information from the court records are not prohibited under the Right to Information Act,2005.
11. Direct the PIO to clarify in detail that under which section of the RTI Act-2005 he has denied the requisite information.
12. Direct the PIO to give answer in English only.


Cases /News Referred

1. Shri Krishan Lal Meena Vs Railway Board. Already annexed.
2. The Tribune on line Edition (Ludhiana).Print out of the same is annexed as ‘Annexure-VI’
3. Sham Kumar Kohli Vs PIO, O/o E.O, Improvement Trust,Ludhiana,SIT,Punjab. Copy of the decision as available on web site is annexed as ‘Annexure-VII’
4. The Times of India, Internet printout dated 28/04/2008.Copy of the same is annexed as ‘Annexure-VIII’
5. J.M.Arumugham Vs State rep by The DSP,Vigilance and Anti-Corruption Wing,Salem & ors. Clr.O.P.No.18533 of 2007.Copy of the Judgement as available on the web site/internet is annexed as ‘Annexure-IX’

Respected Sir from the above stated points/submissions your goodself can understand the working of the concerned Police officer(s).If they can do this kind of act with an Advocate their behavior/way of dealing with common citizens is self explanatory. Even if the details/information regarding the Police officers involved in the rape to murder, custodial third degree to running fake currency rackets and organizing illegal immigration can be revealed under RTI Act-2005 (as mentioned in the print media, copy already enclosed) then what else the PIO needs to satisfy himself go provide the documents/information related to two young deaths in an road accident.

In view of the above you are requested to direct the concerned PIO to provide the exact/detailed Information in question in the interest of Justice and to save a law abiding citizen and his family from more/any other kind of harassment & pain.


Thanking you,


Yours truly,



Jagphul Singh (Advocate)
Son of Late Sh.Khazan Singh
House no.556, Sector -7,
Panchkula-134109 (Haryana)
Phone no.0172-4623556


C.C. (For kind information)

1. Sh.Wajahat Habibullah,Chief Information Commissioner
Central Information Commission,
Old JNU Campus, Block IV, 5th Floor,
New Delhi- 110067

2. Shri Rajan Kashyap
Chief Information Commissioner,Punjab
S.C.O.84-85,2nd and 3rd floor,
Sector-17-C,Chandigarh.


THROUGH SPEED POST

Thursday, July 17, 2008

To

Sh.C.S.R. Reddy (IPS)
Appelleate Authority Under RTI Act-2005
Cum
IGP/Zonal-1, Pb., PATIALA
Patiala(Punjab)

Subject: Request for deciding my first Appeal dated 07/05/2008 & 21/06/2008(Letter/submissions in Continuation to first appeal)regarding the Information of First Information Report(F.I.R) no.271 dated 30/09/2005 under the Jurisdiction of Police Station Derebassi,District Patiala (Punjab) at present under Jurisdiction of Police Station Zirakpur ,District Mohali (Punjab). In accordance to Law and as mandatory under RTI Act-2005.(Information only in English and/or Hindi)

Respected Sir,

In continuation to the above I humbly request to draw your attention to the following points:-

• That I am an Advocate by profession.
• That I am a Senior Citizen.
• That I have lost my young son along with his friend in a road accident regarding which the above mentioned FIR is in question.
• I am pleading for Justice since 30/09/2005.
• Till date members of my family are suffering form endless pain i.e. emotional breakdown / Stress / depuration / harassment fear / injustice etc etc.
• Till date concerned Police department/officials have not provided me the requisite Information. Even I have applied/requested the same under RTI Act-2005 also.
• Despite my repeated written submissions (In RTI applications / Appeals etc) to answer / decide my RTI application/Appeal/Correspondences in English or Hindi language only. Till date I have received each & every Intimation/Information in Punjabi Language only. You are again specifically requested to do future correspondence in English only. As mandatory under RTI Act-2005.
• Whereas the PIO Cum S.S.P, S.A.S Nagar (Earlier Sh. Sh.Ranbir Singh Khatra (PPS) and now Sh.Jatinder Singh Aulakh (PPS)) have never provide me the requisite information as mandatory under Law and RTI Act-2005.As per PIO they have filled an cancelation report regarding the above mentioned F.I.R on 05/10/2005 whereas the concerned Court has given in writing on 08/07/2008 that No Cancelation report has been received same be awaited for 18.08.2008.Copy of the order is annexed in below mentioned point no.6
• Even your goodself has not decided my appeal till date (even after more than 70 days) and your goodself is also authenticating the same submissions as made by PIO which is not in accordance to RTI Act-2005/Law of the Land whereas it is mandatory to decide the first appeal with in 30-45 days as per the circular No.10/23/2007-IR,Government of India the copy of the same is already submitted along with the application dated 21/06/2008.
and the same is also made clear in the case titled “Mangat Ram v. State of Haryana, (SC)” 2008(1) R.C.R.(Criminal) 947 : 2008(1) R.A.J. 533.
“Criminal Procedure Code, Section 353 - A Judgment of Court from which appeal lies to higher court must contain reasons in its support It is because the aggrieved party may make grievance in the superior Court that the reasons recorded by the trial Court were non-existent, extraneous, irrelevant, etc. The successful party, on the other hand, may support the reasons recorded by the court in his favour”. Copy of the Judgement is enclosed as “Ex-I”.
• That despite being the clear fact that the Police Department/Concerned Police offices/Higher Level Police officers are violating the Law/doing will full contempt of the Hon’ble Courts and disobeying the Law of the Land and the same is again made clear by Bench of Hon’ble Supreme Court of India headed of Hon’ble Justice B.N.Aggarwal and also comprising Hon’ble Justice G.S.Singhvi on 14/07/2008. Copy of the news as appeared in the Hindustan Times ePaper is enclosed as ‘Ex-2’

The applicant, humbly and respectfully, submits as under :-


1. That the applicant has applied/submitted/given/filed/sent an application under RTI Act-2005 with Sh.Ranbir Singh Khatra (PPS),Public Information Officer Cum Senior Superintendent of Police, S.A.S Nagar, Mohali (Punjab) through speed post no.EE773946173IN dated 03/04/2008.Copy of the same is annexed as ‘Annexure-I’
2. That the applicant has submitted/sent/filed an first appeal before your good self on 07/05/2008 through speed post No.EE774402495IN dated 07/05/2008.Copy of the same is annexed as ‘Annexure-II’
3. That after filling the above stated appeal the applicant received a letter from your office through ordinary post vide memo no.RTI/28-8888-89/Reder,Dated 16/05/2008.The copy of the same is annexed as ‘Annexure-III’
4. That in the second week of June the applicant received another letter from S.S.P, S.A.S Nagar / the office of S.S.P,S.A.S Nagar, Mohali through ordinary post vide memo no.Subject-5292/C dated 02/06/2008.Copy of the same is annexed as ‘Annexure-IV’
5. That the applicant has sent/filled/submitted and letter / application with subject “In continuation to my first Appeal dated 07/05/2008 under RTI Act-2005 for directing the concerned and/or providing the Information required under section 6 of the RTI Act. 2005 regarding the registration of First Information Report(F.I.R) no.271 dated 30/09/2005 under the Jurisdiction of Police Station Derebassi,District Patiala (Punjab) at present under Jurisdiction of Police Station Zirakpur ,District Mohali (Punjab) (Information only in English and/or Hindi)”.Through Speed Post no.EH008209554IN dated 21/06/2008 with the copy of the same to Sh.Wajahat Habibullah, CIC, New Dehi & to Sh.Rajan Kashyap, CIC, Punjab, Chandigarh vide Speed Post no.EH008209510IN & EH008209523IN dated 21/06/2008 Copy of the same along with all annexures mentioned therein is annexed as ‘Annexure-V’
6. That on 08/07/2008 the applicant has filled an application regarding the issuance of cancellation report in F.I.R.No.271 dated 30.09.2005,In the Court of LD.Judicial Magistrate (ILAQA MAGISTRATE),Sh.Rakesh Kumar,PCS,SDJM,Dersbassi,Punjab and subsequently got an order on the same day i.e.08/07/2008.Copy of the order is annexed as ‘Annexure-VI’
7. That on 15/07/2008 the applicant received a intimation regarding application filled by the applicant on 16/05/2008 & 21/06/2008 through ordinary post from the office of your goodself vide memo no.RTI/28-10891/Reder,dated 04.07.2008.With Subject : “Regarding furnishing of copies under R.T.I. 05”.Copy of the same along with already enclosed photocopy in Punjabi and the translation of the same in English is annexed as ‘Annexure-VII’

Prayer / Relief

It is therefore respectfully prayed that the Designated Appellate Authority Under RTI Act-2005 Cum IGP/Zonal-I,Pb.,Patiala may kindly be pleased to decide my first appeal under RTI Act-2005, which is to be decided with in 30-45 days as mandatory under RTI Act-2005 along with detailed reasons from the concerned PIO for providing wrong / false / untrustworthy / misleading / illegal Intimation/Information and further prayed that the matter may be considered in the light of the respective submissions and dispose it of in accordance with and in true spirit of law and facts to impose confidence in the Appellate Authority Cum IGP/Zonal-I,Pb., Patiala and Police Department / Punjab Police. As a matter of fact, the saying of J.B.Morton (‘Beachcomber’)
" Justice must not only be done, it must be seen to be delivered " , can not be ignored

Thanking you
Yours truly,
Jagphul Singh (Advocate)
Son of Late Sh.Khazan Singh
House no.556, Sector -7,
Panchkula-134109 (Haryana)
Phone no.0172-4623556



Copy for Information and necessary action

1. Hon'ble Mr. Justice K.G. Balakrishnan,
Chief Justice of India,Supreme Court of India
Tilak Marg, New Delhi-110001

2. Hon'ble Mr. Justice Vijender Jain ,Chief Justice
Punjab and Haryana High Court,
Chandigrh (U.T)

3. Gen. (Retd.) S. F. Rodrigues
Hon’ble Governor Punjab,
Punjab Raj Bhavan,
Chandigarh.

4. Shri Rajan Kashyap
Chief Information Commissioner,Punjab
S.C.O.84-85,2nd and 3rd floor,
Sector-17-C,Chandigarh.

5. Sh. N.P.S Aulakh,IPS,
Director General of Police, Punjab
Punjab Police Headquarters,
Sector-9,Chandigarh

[jiwateshwar]

Forget RTI, go in for a press conference!! Let me know if you want one to be organized. My self going through very similar circumstances. The press conference really helped!!

[abhi987]

Hi jiwateshwar,

How does one organize a press conference?

[jiwateshwar]

IT is done by professionals. You have to hire a PR, who shall help you make arrangements. You shall prepare a brief of the story. The story is then mailed to all press correspondents and other media persons in the city. A Copy is put up at the local Press Club. A venue is arranged and then the conference held. The success of the conference shall directly depend on the PR's reputation!

[abhi987]

Oh great, thanks.

How to go about hiring a PR and where do you find them?

[jiwateshwar]

press club!