Live Law:
New Delhi: Saturday, June 22, 2019.
The
Chief Information Commissioner Sudhir Bhargava directed the Ministry of Home
Affairs to provide an appropriate reply to an RTI query seeking a copy of the
opinion given by Ministry of Law and Justice regarding the applicability of Maharashtra
Control of Organized Crime Act, 1999 on the 2008 Malegaon Bomb blast case.
The
said opinion was sought by the National Investigation Agency from the law ministry
in 2016 and subsequently NIA decide to withdraw charges under MCOCA against all
accused in their supplem2008 Malegaon Bomb blastcaseentary charge sheet. Thus,
Special NIA Court dropped charges under the stringent MCOCA against all the
accused.
Appellant
Ehtesham Qutubuddin Siddiqui initially filed an application under the Right to
Information Act, 2005 before the Central Public Information Officer (CPIO),
Ministry of Law & Justice, New Delhi. Then he filed a second appeal before
the Commission contending that the CPIO, Ministry of Law and Justice had
transferred his RTI application under Section 6(3) of the RTI Act to the CPIO, MHA,
New Delhi for necessary action in a letter dated September 29, 2017.
However,
no reply has been furnished to him till date by the CPIO concerned. Srinivasu
Kollipaka, CPIO and Deputy Secretary (IS-I Division), Ministry of Home Affairs,
New Delhi were present at the time of hearing and the appellant attended
through video conferencing.
The
respondents submitted that the said RTI application was received in the IS-I Division,
however, owing to the creation of a new division to deal with the subject matter
at hand and bifurcation of work, the reply could not be furnished to the appellant
in time. Thus, respondent CPIO tendered his unconditional apology for the lapse
and requested the Commission to condone the same. Commission was informed that
the appellant's RTI application was transferred to CTCR Division which deals
with NIA matters.
However,
more time was sought in order to file a reply.
After
hearing submissions, CIC said- "In view of this, the respondent should
have sought the assistance of the officer concerned, under Section 5(4) of the
RTI Act, and furnished an appropriate reply to the appellant. The Commission,
therefore, directs the respondent to provide an appropriate reply, as per the
provisions of the RTI Act, if required by seeking assistance of the officials
concerned under Section 5(4) of the RTI Act, to the appellant within a period
of four weeks from the date of receipt of a copy of this order.