Rti to furnish call details of my mother's phone
Nature79
(Querist) 20 April 2013
This query is : Resolved
Hi ,
This is in regards to ongoing pursuance with BSNL/Department of Telecommunication whereby we have been sending RTI & appealing thereafter but have not got any proper response and now they have quashed the appeal stating the information asked in "Interogatory" in nature.
Below are details of RTI filed.
5th Jan 2013 - I filed RTI with PIO/Deputy Director Ministry of Communications & Technology CGO Complex Delhi asking for providing call details of my mother's BSNL mobile number (prepaid) from /between 25th Dec 2011 till 20th Jan 2012 (specially between 2nd Jan 2012 till 20th Jan 2012).
On the grounds that she was murdered by suspected people in night of 5/6 jan 2012 and call details there of would help us trace the culprits.
Since there's been no help from local police investigating the case nor from local courts which failed to direct police on this.
On this there were directions from Director
of concerned Ministry to provide information to me in letter dated back in Jan 14th 2013.But we got no response from addressed authority .WE send direct correspondence to addressed authority but still got no reply.Then we filed appeal on 7th March but we got reply from S.O (AS III) Dept of Telecom Sanchar Bhavan stating information sought is "Interrogatory".
While in another RTI send to local BSNL office in Hardoi (UP) on 5th Jan 2013 they replied the sought records have been erased/cant be retrieved now.We filed Appeal on this also and are still awaiting reply.
While on back end we have approach local courts again in Jan 2013 as well as got directions issued by DGP Law & order in Dec but no action result has come out despite directions from DGP office to Local Police & from Court to Local police.
Further to add I already send request to BSNL /Trai in local offices here in Lucknow/Hardoi to save such call details of mother's mobile back in Nov 2012 since they may be required/requested at later stage.
Please advice am i not entitled to such information and what are remedies in this through RTI.
elgin matt
(Expert) 21 April 2013
Personal details like health, family and phone records are covered in the realm of individual privacy. These records can be revealed only under orders of the court or to law enforcement agencies like the police . Under the RTI act these records will normally be not revealed as the same will be 3rd party information. You will therefore approach the court And request direction to the police to call for phone records which can be submitted as evidence in your case.
Adv. Elgin Matt John, elgin@elginmattjohnandassociates.com, www.elginmattjohnandassociates.com, 9818732715
elgin matt
(Expert) 21 April 2013
If there is an issue pertianing to the use names and details of lawyers in replies then I can assure the users of this forum that my details will not be appearing henceforth in forum discussions.I am not aware whether this constitutes as advertising but nevertheless as this is causing inconvenience to members details will not be appearing henceforth. I hope this will settle the issue from heron
Nature79
(Querist) 22 April 2013
Reason for filing RTI was I came to know of case of Kanpur where a person was getting threatening calls on his mobile and police was not helping so he went to file RTI to get details identity of some unknown callers & tower location.
When he went on appeal against RTI reply then he was finally given details of records.
Should I got to CIC against RTI & appeal orders.
Since police is not collaborating even at highest level & already court orders also been passed back in Feb still call details are not provided .
And since time is passing we are afraid to loose call details record for Jan 2012.
Any one who is expert in RTI in CDR related issues please show some light to this.
