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harinder dhingra

Is Information Commission empowered to direct Police to provide police protection to RTI Activist?

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harinder dhingra

Dear All,

 

Kindly provide your considered view whether CIC/SIC is empowered to issue directions to State Police to provide security to RTI Activist if CIC/SIC is satisfied that RTI Activist life is in danger?

 

The learned CP of our City(Gurgaon) in a frank chat with undersigned told me that SIC/CIC has no power but can only recommend under Section 25(5) of RTI Act 2005 whereas my view is that I believe that the CIC/SIC as already mentioned in the notes in the margin against Sections 25(2) and 25 (3) of the Gazette notification of the RTI Act, is vested with the rights monitor and report the implementation of RTI Act by Ministries and Departments of the appropriate Government besides rights to adjudicate appeals and complaints.

 

This position is further buttressed when Section 25 (3)(f) of the RTI Act calls upon the Central Information Commission to submit a report to the appropriate government indicating the effort put in by the public authorities to administer and implement the spirit and intention of this Act so that the report, as given in Section 25(4) of the RTI Act is laid before each house of parliament by the Appropriate Government at the end of each year, as per provisions in Section 25(4) of the Act.

 

The Sections 25(2) and 25(3) read as given below:

(2)……. Each Ministry or Department shall, in relation to the public authorities within their jurisdiction, collect and provide such information to the Central Information Commission or State Information Commission, as the case may be, as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes of this section.

 

(3)……… Each report shall state in respect of the year to which the report relates,—

(a) the number of requests made to each public authority;

(b) the number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of this Act under which these decisions were made and the number of times such provisions were invoked;

© the number of appeals referred to the Central Information Commission or State Information Commission, as the case may be, for review, the nature of the appeals and the outcome of the appeals;

(d) particulars of any disciplinary action taken against any officer in respect of the administration of this Act; (e) (e) the amount of charges collected by each public authority under this Act;

(f) any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act;

(g) recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernization, reform or amendment to this Act or other legislation or common law or any other matter relevant for operationalizing the right to access information.

 

In pursuance of the mandate as given in Section 25(2)(f) of the RTI Act to the Commission , and in order to ensure that facts indicating the efforts being put in by the Public Authorities to introduce more transparency in their functioning and in the implementation of the spirit and intention of the Act with

reference to the instant case wherein information sought by an RTI activist who has been allegedly threatened, are reported to the Commission be given Police Protection free of cost/on cost as per the capability of the RTI Activist.

 

harinder dhingra

 

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Prasad GLN

I agree with Hon.IC that the powers of IC is restricted only to 'recommendatory" in nature. Even when IC issues recommendations, the authorities can treat this as directions as recommendations are competent authority, and it is they who has to implement and take action on such recommendations.

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harinder dhingra

No Sir, the Learned Commissioner of Police Gurgaon is of that view not the Hon'ble IC of SIC. The Hon'ble IC of SIC had already directed the Gurgaon Police to do the needful under Section 25 of RTI ASct 2005

 

hd

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Prasad GLN

Remember Sir,

Elders always advise and that must be taken as command by those who understand.

But if some persons develop who are you to tell me ? attitude- God save them.

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MANOJ B. PATEL

No sir, IC is not empowered to direct pol.ice to provide police protection to RTI Activist.

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harinder dhingra

Learned Mr G L N Prasad Sir,

 

 

Remember Sir,

Elders always advise and that must be taken as command by those who understand.

But if some persons develop who are you to tell me ? attitude- God save them.

 

Kindly enlighten on the above please as I have not understood it.

 

hd

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harinder dhingra

Learned Mr. Manoj B Patel Sir,

 

Thank a lot.

 

But could you please comment on my submissions about Section 25(2)(3) of RTI Act especially 25(3)(f) of RTI Act 2005.

 

hd

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CTFORGK2

EXTRACT - Para 83 namit sharma case .

The finest exercise of quasi-judicial discretion by the Commission is to ensure and effectuate the right of information recognized under Article 19 of the Constitution vis-a-vis the protections enshrined under Article 21 of the Constitution.

 

Article 21 in The Constitution Of India 1949 Central Government Act as follows

21. Protection of life and personal liberty

No person shall be deprived of his life or

personal liberty except according to

procedure established by law.

 

 

I think police is just a pa and CIC having jurisdiction over pa .

 

IF CIC OR SIC ORDERED pa police for protection .

NO WAY TO SAY SO , OR NO FOR P.A. police

IF police says so or not want to follow QUASI ORDER ,

they HAVE TO SAY this in honble court, not to public IN VERBAL.

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CTFORGK2

But how section 25 is related to police protection ?

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Prasad GLN

Elders means people who have experience and knowledge advise. IC knows facts and in a polite manner recommended it. But the otherside, without understanding the value of such advice ignored it. Elders teach us but never impose and gives us direction out of their own experiences, and some follow and some rebel. Police must have given respect to advice of IC without questioning authority.

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RAVEENA_O

The Act only identify a 'citizen' and not an Activist (of course an activist is a citizen). The role and responsibilities enshrined to IC is to implement provisions of RTI Act. The object of the provisions referred must be read with the object of the Act. Section-25 is mainly assign duties of Monitoring and Reporting of the implementation of the Act. The Act do not contain any express provision for ensuring safety or protection of any citizen seeking such information. Therefore there is no provision for the IC to request Police to provide protection to a citizen free of cost. Else, every citizen facing threats may seek such protection free of cost, which is practically not possible. The directions, if any, given to police by IC is advisory in nature.

 

Ensuring safety and protection of citizens is clearly a duty assigned to Police. A Citizen can always knock the doors of police authorities, being the appropriate authority assigned with such duties, to provide protection and safety. If they do not do their duty as required, a citizen can approach court of law. Therefore, the Police is even otherwise duty bound to protect each citizen and for which a direction is not required to be given by IC under the RTI Act.

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CTFORGK2

Dear HD sir

 

I think hon. Sic/CIC can order for p.p. surely I think .

P.P. is given under CPC sec 151 I think so .

 

EXTRACT OF RTI ACT SEC 18 (3)

have the same powers as

are vested in a civil court while

trying a suit under the Code of Civil

Procedure, 1908,

 

 

Below is another extract of para 34 of other case.

Sri-La-Sri Sivasubramanyananda ... vs Sri-La-Sri Arunachalasamy ... on 14 October, 1992

 

In appropriate cases, the civil court has

the power and is indeed under a duty, to

issue suitable directions to police officials,

as servants of law, to extend their aid and

assistance in the execution of decrees and

orders of the civil courts or in

implementing an order of injunction

passed by it.

 

 

 

 

I think motive if is to provide justice .orders can be issued .

 

Please read 2nd cited decision to know powers & WIDE scope of orders of CIVIL COURT with all in cited decision .

I think police haves answer in them .

 

point to be noted powers of civil c. provides relief to citizens irrespective of activist BUT FOR SAFETY OF TRUTH AND JUSTICE POWERS ARE OVER SERVANTS OF LAW (as in citing) and can issue orders to them as in citing .Citizens or activist are nowhere in between both .

 

 

Though powers have own rules & limitations but ARE POSSIBLE I think so.

With regards

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RAVEENA_O

The power of IC u/s 18(3) are clearly defined in clauses (a) to (f). The appropriate govt has not prescribed any rules wrt clause (f). Therefore the IC cannot exercise any other powers of a civil court, than what is expressly provided in the act.

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harinder dhingra

Thank You Learned Mr. CTforGK2 Sir for giving depth and inside of the matter.

 

Thank You Learned Ms Raveena Madam for your educative post.

 

I have argued the case with all the facts. There is letter procured through RTI application in which the DCP HQ & CP HQ acknowledges that there is threat perception as on 1/11/2014 and the then learned CP orders for providing PSO/Gunman on payment (Payment Offered by undersigned)

 

Then on 16th Jan 2015 afternoon the security is withdrawn on a letter/order/circular dated 17th Jan 2015 by DCP HQ & endorsed by Learned CP of Gurgaon in which it is stated that threat perception no longer is there.

 

Nothing changed in 2 months except that DCP (East) Gurgaon office was drawing power from pole as its connection was disconnected by DHBVN ( Electricity Company) and Sushant Lok Police Station was drawing electricity from nearby five star hotel as there was no connection of the same in Sushant Lok Police Station, Gurgaon. Both these instances were brought to light by undersigned RTI applications and to "teach" a lesson to undersigned the security was withdrawn.

 

The Hon'ble SIC has reserved the order on undersigned Complaint. Let us what happens.

 

harinder dhingra

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G.R.Vidyaranya

How about following up on the SIC order (which advises PA to do something), and filing a RTI using the tool provided by our senior member, JPS sir (Anything pending....). Let the Police tell in writing how they have viewed the SIC order - as a recommendation, as an order which is binding or brushed it aside. Will be a test case.

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harinder dhingra

Learned Mr. Vidyaranya Sir,

 

Kindly see undersigned post No.14 .

 

The Hon'ble SIC heard the case today. The decision is reserved. Let us wait for decision.

 

hd

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harinder dhingra

Dear All,

 

The truth prevails.

 

The Hon'ble SIC orders restoration of undersigned paid security in a order dated today (which was kept reserved on 6th Feb 2015).

 

The copy of the judgment is enclosed herewith. Kindly read the judgment/decision. It is must read.

 

The Hon'ble Commission "ordered" the restoration of undersigned paid security under Section 25(5) of RTI Act 2005 and a notification/circular dated 19th Sep 2015 of Haryana Government. This circular is related to whistle blowers/activist security.

 

Thanks for your time

 

harinder dhingra

 

 

SIC order on security of harinder dhingra.pdf

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Prasad GLN

This is what persistence and the brand image Hd is commanding. It appears that mere presence of his name in SIC works like alchemy.

This is not only helps him, for helps other RTI Activists also to cite in similar cases.

Great Saab --Hats off for getting entire move so swiftly and inspite of such resistance of an organised officials you have achieved what you deserved.

But another issue is what about "have not's ?

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harinder dhingra

Thanks a lot learned Mr. G L N Prasad Sir,

 

In fact your inspiring words have made this "have not" to "haves".

 

This was possible because of continued guidance from this portal and veterans like you.

 

Grateful for nice words.

 

hd

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harinder dhingra

Dear All,

Kindly also find the news item appearing in Hindustan Times English dated 17th Feb 2015 & Hindustan Hindi dated 17th Feb 2015 about the above subject of restoring undersigned security.

The order is exhaustive and must read for anyone who is interested in RTI Act 2005. It shows that there are institutions which are there to safeguard the life & liberty of whistleblowers & RTI activists if the need arises.

 

Thanks for your time

 

hd

 

 

hindustan_times_17_february_2015.jpg

 

HINDUSTAN_17_february_2015.jpg

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harinder dhingra

Dear All,

 

kindly enclosed herewith find the order of learned Commissioner of Police, Gurgaon restoring undersigned security.

 

The learned CP of Gurgaon has tried to give some impression which is farther from the truth which I have tried to dispel it.

 

Nevertheless, it is triumph of RTI movement and this web-site also.

 

Thanks for your time,

hd

 

Sh_Harinder_Dhingra_Security_Order.pdf

 

letter cp grg hd security.docx

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