Question: Second appeal dismissed.. what shoulad I do Now?

[t-singh]

Dear All,

1) I filed a RTI application to PIO Punjab police , he refused to give the information under section 8(1)(h).

2) Filed appeal to first appllette authority, that was also declined.

3) Then filed the appeal to second appllette authority (State Information Commission, Punjab). The concerned "State Information Commissioner" dismissed my appeal, without even hearing it.. and passing the following order... is follow ...

Please suggest me what should be the futher course of action to get the information..

thanks


SIC ORDER (second appeal)

The appellant in this case has asked for information in respect of FIR No. xxxx dated xx-yy-zzz, PS xyz, mainly the justification and copies of material on the basis of which section 'xyz' of the IPC has been added in the charge sheet. The information has been denied by the respondent claiming exemption u/s 8(1)(h) of the RTI Act. The complainant appealed to the IGP,Jalandhar Zone–cum-1^st Appellate Authority against the denial of the information by the PIO, but the appeal was rejected. Hence this second appeal.
Having carefully gone through the facts of this case, the comments sent by the SSP/PIO, and the orders of the 1^st Appellate Authority dated xx-yy-zzzz, I am of the considered view that this appeal is devoid of any merit, since the exemption being claimed by the respondent is fully justified.
This appeal is accordingly dismissed.

[jiwateshwar]

The very basic thing about rejection under section 8 is that the PIO has to prove that the said section is indeed applicable in the said case. Mere citing of the section is not sufficient. Thus you should first question as to how the said section becomes applicable, Since the case was registered in the year 2006, it is hardly possible that the investigation process is not over yet. The Investigating Officer must have filed his report by now and since you were being assessed, thus you are entitled to receive a copy of the concluding parts of the report.

http://cic.gov.in/CIC-Orders/Decision_01112006_2.pdf
F.No.CIC/AT/A/2006/00354
Dated, the 1st November, 2006.

11. I am in agreement with the contention of the AA that the appellant could be
provided not the full reports of the Investigating Officers, but the concluding parts of
the report containing the Investigating Officer’s findings. The AA has recorded that
this has already been done, but the appellant claimed before me that he had not received the information.

http://cic.gov.in/CIC-Orders/Decision_30112006_16.pdf
F.No.CIC/AT/A/2006/00409
Dated, the 30th November, 2006.

6. This position will however hold good generally for all current investigations and
prosecutions. F.I.R.s of cases finally decided by the Courts will no doubt fall in a
different category. Such F.I.R.s will not ordinarily attract the exemption of
Section 8(1)(h). Separately, such F.I.R.s will need to be tested against the requirement
of Section 8(1)(g). It is necessary, therefore, that in the latter category of F.I.R.s, it
would be necessary to take a case-by-case decision on the basis of the nature and the
character of the F.I.R. which would then be tested against the exemption criteria of
Section 8(1)(h) and Section 8(1)(g).

What I need to know is whether the case is still pending?
If yes, then at what stage (Police Investigation/ Court)?
Are you party in the FIR?

Since the PIO has not claimed exemption under 8(1)(g), I assume that no one has given any statement against you in the said FIR (no third party). The FIR has thus been launched just based on the basis of the complainants statement. Since the police investigation must be over by now, you can ask for the full investigation report. Also I assume the matter is sub-judice, and sub-judice matters are not exempt from disclosure merely on the grounds of it being sub-judice.

You would have to file a new RTI application and start all over again!

[jps50]

Once second appeal at SIC fails, the only resort left is High Court, which is costly and time consuming. You may try filing fresh application through your relative/friend with little different wordings or tone by attaching decisions stated by Shri J. Singh and decisions/judgement of High Court posted in my blog at http://www.rtiindia.org/forum/blogs/...decisions.html. At the end of new application you give consent that U do not have objection to PIO giving info/papers to the applicant as sought in this application. Thus third party problem will not arise.

[t-singh]

Dear jiwateshwar & jps50


Thanks for you reply..

well the information asked by you is as follows:

What I need to know is whether the case is still pending?
Yes case is still pending in court.

Are you party in the FIR?
Yes, i am party in the FIR.

well i have got full investigation report.. but there is twist in the entire case.. some lower currupt police persons traped in a false case, after my complaint against these police persons to Home secratary, then investigation of the case is handed over to a S.P level officer. In his investigation he found nothing much against me and droped all the serious charges, and asked the lower police official, against whom i complained to file the Chargesheet in the court on the basis of the investigation report concluded by him, But the lower police persons again added some serious charges into it, without any basis.
When i asked them the basis of the inclusion of additional charges using RTI. they said it is added because the District Attorney (DA Legal) suggested them to add.. When i asked for the DA Legal report, then they started refusing it using section 8.1 (h) of the RTI act.
They are not able to justify their illegal act of adding additional charges in the chargesheet so far they have succeeded to put me in false litigation..

I need that information to absolve myself in false charges..

Altough State Information commission has dissmissed my second appeal.. Is it there any provison for Special Leave Petition (SLP) under RTI act.
Please guide me what should i do next to extract the information .

[rajub]

Originally Posted by t-singh

Altough State Information commission has dissmissed my second appeal.. Is it there any provison for Special Leave Petition (SLP) under RTI act.
Please guide me what should i do next to extract the information .

Central Information Commssion has provision for SLP under

The Central Information Commission (Management)

Regulations sec 23(2), 2007 which are available here: CIC

I guess similar provision must be available for SIC. Please check it on the website of SIC.

But a word of caution :

Are you sure it is of any use ? Because after an year or two you may get the same reply then you will have to file writ petition at that time.

[nile0611]

Boss go and file writ petition in high court, I know it it costly and time consuming but can't help it is India.