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- shows RTI
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- The Central Information Commission has allowed disclosure of file notings on the mercy petition of a rape and murder convict, rejecting the government's contention that the records cannot be disclosed as these are privileged documents under Article 74(2) of the Constitution.
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- Don't pay 500/- for answer sheet now- Supreme Court says if Answer sheet is asked under RTI, RTI Fees will be governed
By 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?
Police not bound to register FIR: SC Pioneer News Service | New Delhi
The Supreme Court in a recent judgment has said that the police was not bound to register a First Information Report if it thinks appropriate to first conduct a preliminary inquiry.
Though the intention of the court was to screen out frivolous complaints borne out of vested interests, the recent decision seeks to upturn the law previously laid down by the apex court by which the police had to oblige every complaint.
The Bench of Justices SB Sinha and HS Bedi said, "Although the officer in-charge of a police station is legally bound to register an FIR... the same by itself however does not take away the right of the competent officer to make a preliminary inquiry, in a given case, in order to find out as to whether the FIR sought to be lodged had any substance or not."
The court was referring to the facts of a case where one Rajinder Singh Katoch had approached the Supreme Court challenging the order by the High Court of Punjab and Haryana refusing to direct the police to lodge an FIR.
Katoch had complained to the Chandigarh Police seeking registration of a criminal case against his brother for wrongfully restraining his entry into a joint property left by their father. He stayed in the house in 2001 but on his return after a brief visit to Delhi a year later he was refused entry and to take possession of his belongings.
The Bench held, "the SP himself has, pursuant to the directions issued by the HC, investigated into the matter and visited the spot in order to find out the truth ... It was found that the complaint was false and had been filed with an ulterior motive."
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