Bhopal, Oct 13 (PTI) The Madhya Pradesh Information Commission has asked Balaghat police to provide copies of First Information Report (FIR) sought under the Right to Information (RTI) Act by an applicant.
In its order, Information Commissioner Rahul Singh asked the Public Information Officer (PIO) of Lalburra police station under Balaghat district of the state to provide copies of five FIRs, out of the total of six, sought by the applicant.
Applicant Leela Baghel, a resident of Balaghat district, had in December last year sought the copies of six FIRs registered by the police.
Both the PIO and First Appellate Authority have declined to provide the copies saying they were exempted under Section 8 (1) (H) of the Right to Information (RTI) Act, according to the Commission’s order.
The Section bars disclosure of “information which would impede the process of investigation or apprehension or prosecution of offenders”.
Aggrieved over their decision, the applicant approached the State Information Commission.
Following which the Commission sought an explanation from the PIO to check the authenticity of the documents relied upon in the matter.
The PIO had in his reply mentioned that the applicant is the sister of accused people named in a dowry case (copy of which was asked under the transparency law) registered by Lalburra police station and denied to share the copy highlighting possibility of influencing the victims and witnesses that would further hamper the investigation being done by it.
The PIO had also declined to share copy of FIR in another case which was registered under the provisions of POCSO Act.
Hearing the matter, Singh in his order dated October 10, 2022 directed the PIO/station incharge, Lalburra police station, Balaghat to provide the FIR copies (except the one registered under the POCSO Act) to the appellant, including the one that has named her relatives as accused, within five days of its order.
The Commission said it was clear to it that the copy of the FIR registered under the POCSO Act cannot be provided under the RTI Act.
It said that in four other cases (except the one registered under the Motor Vehicles Act) chargesheets have already been filed and it was not made clear by the PIO as to how sharing of details would hamper the investigation.
The Commission also issued a show cause notice against the PIO, as to why a fine of Rs 25,000 should not be imposed for denial of information sought by the applicant, and asked him to appear before it on October 27, as per the order.
During the course of hearing, the Commission also came to know that some police stations were providing the FIR copies under the RTI Act and some were not which is not the “uniform application of law”, it said.
Citing orders of Supreme Court and Kerala High Court, the State Information Commission also asked Madhya Pradesh Police to ensure that copies of FIR (except the ones related to sensitive criminal matters) can be provided within 48 hours of receiving an application filed under Section 7 (1) of the RTI Act.
The Section mandates “that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request”.
The apex court had in its September 2016 order mandated that the copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category, offences under POCSO Act and such other offences, should be uploaded on the police website.
“…and if there is no such website, on the official website of the State Government, within twenty-four hours of the registration of the First Information Report so that the accused or any person connected with the same can download the FIR and file appropriate application before the Court as per law for redressal of his grievances,” the apex court had said. PTI AKV RCJ
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