Question: Can PIO ask RTI applicant to visit Police Station to get the requested information ?

[ravikumar_108]

Hi,

I had filed RTI for retrieving certain information pertaining to a court case from a Local Police Station. The RTI was addressed to the PIO, who sits in DCP's office.

I received a notice (through registered post) from the PIO of DCP's office, signed by the Deputy Commissioner Of Police himself asking me to visit the Concerned Police Station and contact the Police Inspector to collect the information sought in my RTI applications.

I had earlier made several visits to the police station to get the information, but I was made to wait for long periods and the Police were not responsive and had tried to pass on responsibility from one person to the another with the intention to discourage me to get to the informations. I had applied for the copies through RTI to prevent being ignored at the police station and the deliberate attempts by the police to waste my time and frustrate me.

I had a few questions at this juncture...

1. Should I wait for a reply letter to my RTI application from the PIO ?
OR this letter (which arrived through registered post) be considered as the Response from the PIO ?

2. I required written replies to my questions asked in the RTI application ?
Will I get them if I go the Police Station ?

3. Why is the applicant called in person to visit the Government Office to get the information ? Say, if I was in some other town/state, how can the PIO expect me to visit the office to get the information ? Is it mentioned anywhere in the RTI Act regarding this ?

4. What happens if I do not show up ? Will they mail me with the answers to the questions sought in RTI? OR Will they say that the application is closed, since the applicant did not turn up at Police Station ?

5. If I go to Police Station, I'm sure that the Police will not provide me all the information. How can have a record at the Police Station, that I visited ? This may be required for the appellate authority..

Thanks in advance,

Ravi

[jiwateshwar]

No sir. The PIO can not compel you to visit the police station. Send him a letter that as per RTi act the information is to be provided in the form it is requested in (see ss7(9)). Tell him that since you have not requested for any personal inspection of records, thus you feel that a personal visit to the police station would unnecessarily add to your inconvenience. Thus you would prefer the information to be posted to you.

By the way, it is usual for the police PIOs to ask the applicant to visit the police station for collecting the information.

[jps50]

You can write to the PIO to send the info by regd post. For your assistance in RTI U may contact following 2 NGOs at Bengaluru. They are very active in RTI.

MAHITHI HAKKU ADHYAYANA KENDRA (RIGHT TO INFORMATION STUDY CETNRE)
NEW OFFICE PREMISES :AT NO.54, 17TH CROSS, M C LAYOUT, VIJAYANAGAR
(NEXT TO CANARA BANK, PANCHAVATI HOTEL BUILDING)
BANGALORE 560 040 - Ph. No. 9448704693 mahitihakku@gmail.com



JSD PANI, President, Mahiti Hakku Jagruiti Vedike - A group of RTI Activists, # 168, Chelakere, Kalyananagar, Bangalore 560043, Ph; 080-41616183, 9845309028

[jiwateshwar]

One of the main reasons behind the police PIOs asking the applicant to visit the station is that FIR log book etc can not be taken outside the station unless called for by some superior officer. That is why when one asks for copies of FIR/DDR, they are not provided as photostats but as written copies. The on duty Constable makes a copy in written by hand.

Could some one please clarify on this. Under what circumstances can the FIR Log Book be taken out of the station?

[ravikumar_108]

The Police cannot ask any RTI Applicant to the Police station.

I found my answer through my friend. We used the below order to have the information delivered to us by the Police to our residence.

Please refer to Karnataka Information Commisssion Order KIC 1945 COM 2008.
Sri Ajay Pandey Vs Deputy Commissioner Of Police

The Karnataka Chief Information Comissioner, KK Mishra gave this order directing the Police for not to ask the RTI applicant to visit the Police Station.

Cheers,

Ravi

[ravikumar_108]

Please find the inline attachement of the Karnataka Information Comission' s order KIC 1945 COM 2008.

[sandeepbaheti]

Originally Posted by jiwateshwar

One of the main reasons behind the police PIOs asking the applicant to visit the station is that FIR log book etc can not be taken outside the station unless called for by some superior officer. That is why when one asks for copies of FIR/DDR, they are not provided as photostats but as written copies. The on duty Constable makes a copy in written by hand.

Could some one please clarify on this. Under what circumstances can the FIR Log Book be taken out of the station?

RTI Act overrides all other Acts and rules. If there is a need to take log books outside the police station for RTI purposes then it has to be taken.