Monday, April 12, 2010

RTI on Batla House encounter:15 mths, 2 appeals, no reply


By Amit Chaudhary

New Delhi, Mar 29 (UNI) Even after 15 months of running from pillar to post, two appeals and one hearing, an RTI activist still awaits a ''satisfactory'' reply from Delhi police.

Afroz Aalam Sahil filed an application containing six questions on September 25, 2008, with Central Public Information Officer (CPIO) of the Delhi police seeking information together with the related documents regarding the Batla House encounter.

The Delhi police, however, is yet to provide the information sought under Right to Information Act, 2005, for which the maximum stipulated period is only 45 days.

Though the CPIO had already forwarded the application to the concerned departments -- CPIO/DCP of Crime Branch and CPIO/DCP Special Cell -- on October 10, 2008, for necessary action, it did not bear any fruit for the appellant.

''On October 31, 2008, the CPIO of Crime Branch responded to only one of the three questions concerned to its department, in which I had asked about the number of people killed in the encounter,'' Mr Sahil told UNI.

On the other queries, he was denied information by both the department, the Crime Branch and Special Cell, citing provisions of Section 8 (1)(h) of the RTI Act and Section 154 of Criminal
Procedure Code.

It was only after the second appeal by the appellant, the Central Information Commission (CIC) held a hearing on February 9, 2010, around 14 months after filing the application.

During the hearing, the Special Cell agreed to provide the information regarding the details about the people arrested and detained in connection with the serial bomb blasts in Delhi and the places from where they were arrested, which they had earlier denied saying that it would affect the investigation in the case.

Regarding details of evidence against the persons arrested or detained, the Information Commissioner (IC) Sushma Singh said, ''The matter is related to the concerned court. Hence, the appellant may approach the concerned court for this information.'' The IC also ordered the Crime Branch to provide a copy of the FIR filed by the police in Batla House encounter case minus the name of the informant.

Ms Singh has called another hearing about post-mortem reports on March 30. ''Surprisingly, for the copy of the post-mortem report I had asked in my application, the IC has called another hearing on March 30 saying the CPIO has not been provided an opportunity of hearing,'' the RTI activist noted.

''Interestingly, the post-mortem report has already been released to the National Human Rights Commission 12 days ago. If it has already been made public then why are they delaying the matter and not providing me a copy of it,'' Mr Sahil asked.

Mr Sahil also questioned the role of the CIC in ensuring the 'fundamental Right to Information' of the people. He pointed out, ''As per the rules, the copy of the orders is issued to all the
parties on the next day of the hearing.''

''But, the orders of the February 9 hearing were issued on March 12, more than a month later, which reached me only on March 27,'' Mr Sahil lamented.

However, CPIO/Crime Branch Sanjay Tyagi denied any such application lying pending with the Delhi Police or about any hearing with the CIC tomorrow.

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