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Shree Vathsan

RTI on FIR in Police Station

Question

Shree Vathsan

I have been falsely implicated in a case by police for removing illegal banners. They  have remanded me under Sec506(II) Attempt to murder on complaint from ruling party men. Though the FIR is available online I want copy of  other documents like complaint letter, confession letter in which they have forcibly made me sign. I also want the CCTV footage of the police station at that particular date and time. 

I have already filed RTI in this regard and have had the information denied under Article 8 1 (h) saying the case is  under investigation. Is this correct? Will First appeal be of any help?

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3 answers to this question

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Prasad GLN

Go for first appeal under Life or Liberty immediately.

There are umteen decisions that state that PIO must justify for using any sub section 8.  In other words, PIO must state as to how  disclosure of information impede the progress of investigation.

However, get anticipatory bail through advocate in your own interest.

In one case, I am dealing with, the complaint was closed in 2014, the matter was laid to rest without informing to complainant or to court, now when those documents are sought, they state that providing such information impede the progress of investigation !!!

Not that PIOs are not aware of basics, but they don't just care, and it is your constitutional right to get such information for further course.  If IC is sensible, he takes up these second appeals immediately.

Your advocate can even explore Human Rights Commission.

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Shree Vathsan

Prasad Ji thank you for your reply. Actually I am out on bail after six gruelling days in prison in June. Police even thrashed me like a third grade criminal all of which was recorded in the CCTV @ the police station. Thats why i wanted a copy of the footage. Any idea how long TN Police stations are mandated to store CCTV footage. 

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Prasad GLN

Do not waste further time by seeking clarifications and guidance.

File one RTI to SPIO of that station where you can get CCTV footage

Let your friend file another direct application to IG of the state seeking information as follows:

Information solicited:

1)Please provide me the the retention period prescribed for CCTV footage at stations and the name of the authority that is custodian of that footage.

2.Please inform whether removing unofficial and illegal banners which are against SC rulilng is a crime in Tamil Nadu.

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