RTI and Writ before HC

Querist : Anonymous (Querist) 08 May 2010 This query is : Resolved
Ld counsels,

The fact of the case is that I filed a RTI applcition before police to obtain complaint copies. I came to know that the complaint was tampered by police. Sicne I obtained Anticipatory bail from HC on this complaint the records were also available with the office of public prosecutor. I have obtained the above 2 orders from the commission with one directing the office of public prosecutor to furnish the information and another to initiate departmental enquiry against the police for giving false and fabricated information.

Now the office of public prosecutor has field a writ challenging the order of commission saying that this office is not under the purview of RTI and as such no information can be given as directed even through the orders of the govt. I have also petitioned the CM cell for directions to PP office to give the information.

The information to be given by the office of PP is important for my criminal case and they are denying it mainly bcos the tampered complaint copy is also inserted into their records. more over the allegations in eh tampered complaint are improved which were not revealed to the HC during the hearing of my bail petition.

Now can I file a Writ petition before HC for non-complaince to the order of the information commission and seek directions for prosecute all the public authorities involved in fabricating and denying information. I have 2 order of state information commission which is not complied by the public authorities. Even the polcie commissioner is not conducting deprmental enquiry as per the orders of the commission.
Is it possible to mingle the 2 RTI orders in one Writ petition and approach the HC for imposing penalty and disciplinary action the cause of action for both the RTI complaints are one and the same.

Pls clarify. Thanks for reading my query.

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Uma parameswaran (Expert) 09 May 2010
My opinion is that,for non-complaince of the order of the RTI you can file appeal or complaint before appellate authority.You could not approach High Court.

G. ARAVINTHAN (Expert) 16 May 2010
file a complaint before the appellate authority stating that no reply/ proper reply was given to you after waiting for sufficient period. If no relief/ proper reply before the Information Commission, then proceed with WRIT petition by invoking Article 226 of the Constitution of India before any Competent High Court

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