Indian Express: Chandigarh:
Tuesday, April 16, 2013.
The Haryana
State Information Commission (HSIC) has trashed the state Crime Branch’s
exemption from public disclosure under the Right to Information (RTI) Act.
While
deciding a case recently, HSIC had not only ordered the Crime Branch to provide
sought information to the applicant under RTI within 21 days, but also made it
clear that the so called exemption was not applicable in the current case.
Till date,
the Crime Branch had been denying information to applicants under RTI citing a
Haryana government’s notification issued on December 29, 2005. The
notification, issued by former financial commissioner and principal secretary
(Administrative Reforms) S C Choudhary reads: “In exercise of the powers
conferred by sub-section (4) of Section 24 of RTI Act, the Governor of Haryana
hereby specifies the intelligence and security organisations as mentioned in
the schedule given below for the purpose of the said sub-section. The
organisations included State Criminal Investigation Department (CID), including
Crime Branch, Haryana Armed Police, Security Organisations of Police, Haryana
Police Telecommunication Organisation, Indian Reserve Battalion and Commando.”
However, HSIC
ruled: “The state Crime Branch has denied the sought information on the ground
that Crime Branch is exempted from the purview of the RTI Act, 2005 vide
Haryana government notification dated December 29, 2005. The Commission does
not accept the stand taken by the Crime Branch. It is observed that the
exemption from the public disclosure will apply only to those matters, which
are of sensitive nature involving the security of the state, public order and
related matters.”
The case
pertains to an application filed under RTI by Hisar resident Ranjana Yadav. She
had alleged mental harassment by the management of New Yashoda Public School at
Urban Estate-II in Hisar.
An FIR
against the accused was registered on charges of attempt to abetment of suicide
at civil lines police station in Hisar. The FIR, however, was cancelled on the
recommendations of investigating officer.
She had filed
four RTI applications seeking information to FIR No. 336/2010. Various wings of
the Haryana Police, including Vigilance Bureau, offices of Hisar SP and DGP and
Crime Branch kept on transferring her application to each other. She finally
received information sought from all wings, except the Crime Branch, which
denied her information citing the exemption under RTI.
Yadav filed
three complaints against then DSP Tula Ram, sub-inspector Ram Roop and SHO
Kulbhushan Sharma, alleging that they adopted unfair means to cancel the FIR
and requested action against all three under Prevention of Corrupt Practices
Act.
The then
Hisar SP ordered an inquiry into the case and an ASP-rank officer was entrusted
the task. The probe was conducted and the three officers were exonerated.
On another
request made by Yadav, Haryana DGP transferred the investigation to the Crime
Branch, which also did not take any action against the three policemen.
Yadav kept on
demanding copies of the inquiry report conducted by the Crime Branch but to no
avail. Now, the HSIC has ordered that required information be given to her by
the Crime Branch within 10 days.
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