TNN, May 24, 2010, 02.53am IST
PANAJI: The Goa state information commission has ordered the South Goa superintendent of police (police headquarters), to furnish copies of written details registered in station diary of police sub-inspector Navlesh Dessai to an RTI applicant within 30 days of the order.
The order was issued on May 6, 2010. Importantly, the commission has warned that this order "is in the factual backdrop of this case and cannot be cited as precedent".
In directing that details from the station diary registered from May 1, 2007 till December 31, 2008 be given to the RTI applicant, the commission has set aside the order of the first appellate authority (inspector general of police), who had dismissed the RTI applicant's first appeal.
The order pertains to an RTI application by Laurel Abranches of Borda, Margao. Abranches wrote that he was falsely implicated in a criminal case and that he was assaulted and arrested by police sub-inspector Navlesh Dessai on August 30, 2007, for which he has complained to State Police Authority.
Abranches filed an RTI application seeking details from the station diary of PSI Navlesh Dessai. But the public information officer rejected his request.
The first appellate authority (IGP) also dismissed his appeal on the grounds that "the case diary should not be made available to the accused for it might endanger the safety of the informants and it might deter the informants from giving any information to assist the investigating agency."
After giving the matter "careful thought", the commission agreed that such a request for station diary or police case diary normally cannot be given.
The commission however noted that copy of station diary has been provided to different information seekers.
The commission noted, "In such a situation some information without unduly compromising with the principle, especially when they pertain to the law enforcement authorities, can be given."
It noted further, "In the factual matrix of this case, the details registered on station diary by PSI Navlesh Dessai of the appellant abovenamed only can be given as prayed for. It is to be noted that this order is in the factual backdrop of this case and cannot be cited as precedent."