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Balaji (Self)     24 October 2015

498a-rti to police

Sir, Wife filed 498a on us and released on regular bail and police filed Chargesheet in the court. Now I want file RTI to Police under 7(i) of RTI act 2005, under life and liberty clause. In which information has to be provided in 48 hours.

  1. Please advise while sending RTI to police shall I put Copy  to SP, DGP, DIG ,Human rights commission and Lokayukta or I need to send only to Public Information Officer.

2)Please advise In case if I don’t get reply from PIO, do I have to wait for 30 days or I may apply after 48 hours to appleant authority?   Thanks for ur time.


 6 Replies

Anil Upadhyay (Lawyer)     24 October 2015

In RTI, Act time period has been prescribed for providing information to the Applicant, so there is no need to send copies to DCP, ACP,etc. Secondly, under section 8 (h) of RTI Act, you can be denied for the required information, Your matter is now under trail, as chargesheet has been filed, so may be you shall be denied for the required infomation.

Section 8 in The Right To Information Act, 2005
8. Exemption from disclosure of information.—
(1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—
(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
(f) information received in confidence from foreign government;
(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
(h) information which would impede the process of investigation or apprehension or prosecution of offenders;
(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
(j) information which relates to personal information the disclosure of which has not relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
(2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub‑section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.
(3) Subject to the provisions of clauses (a), (c) and (i) of sub‑section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section: Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.


S.B.adil rahman (Legal Consultant )     24 October 2015

Cut and Paste work.

Anil Upadhyay (Lawyer)     26 October 2015

Mr S. B. Adil Rahman, why don't you replied the querist???????



Sections are put  before queriest for clarity and it is not the cut and paste work. Act will be the same every time.





S.B.adil rahman (Legal Consultant )     26 October 2015

Upadhya Saheb Sir, how a common person can understand the meaning of of the words  like notwithunderstanding(?) etc. the answer to his query should be to the point and the crux should be there where the law attracts its application. The person is in need and he should be advised in most simple language. Now when you want that I should  answer the questions then here my reply goes:

1. Every Govt. or Semi Govt. Department has got its own State Public Information Officer under the RTI Act 2005 details of which you will able to get from its website.You have to address the application to the State Public Information Officer of yourState  Police Directorate based of the nature of information which you want to seek concerning the life and liberty. As you said that it is related to the life and liberty then I presume that it is related with any police case. In that case first file the application with the SPIO of police department of your  State. If the reply is not received within the stipulated time set in section 7 RTI ACt,then you will have to file  theFirst Appeal u/s 19(1) RTI Act 2005 before the Appellate Authority of the said Department  for his deemed refusal in providing you the information.However, in most of the States  CID/Intelligence Branch/Detective Department etc. have been exempted to disclose any information under the RTI Act except the matter involving corruption. So you have to be careful in putting the questions for providing the information. The other thing is that it should be addressed to the SPIO by name so that he can be held responsible for punishment in case he fails to provide the information within the requisite time. You can not send CC to any other department with respect to the same information. If you want to get the same information then you will have to submit fresh application  directly addressed to the SPIO of that department with requisite fee where you had wanted to send the cc. I hope I have been able to make you understand.

gmgupta (advocate)     28 October 2015

Mr rehman every person has his own way of explanation. If you feel that Mr Anil has not clarified it then I tell you that even you have not given the clear picture. There is no need to say so much. you may contradict with others opinion there is nothing bad and you can give better explanation.

Anyway coming to the query, I would say that there is no need to go in technicalities. The police will give reply to your queries and you just need to go to the concerned place and submit your application with the heading "APPLICATION UNDER RIGHT TO INFORMATION ACT". put your questions in simplest form and pay the fee as prescribed (normally postal order but some offices take cash and give receipt). address the application to the concerned officer there and after submitting theapplication wait for their reply. 

if you dont get reply within 30-35 days then think of filing of appeal but i think that you will get the reply. good luck

Anil Upadhyay (Lawyer)     28 October 2015

Agreed with Mr Gupta.

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