Laws, Courts & Judgments.

Transparency Under Trial: CIC Orders Delhi Police to Clarify Policy on Religious Proximity Zones

In a recent directive, the Central Information Commission (CIC) has reaffirmed the state’s obligation under the Right to Information (RTI) Act to provide factual, documented information rather than purely procedural responses. The case, Mahendra Kumar vs. Delhi Police , centered on an RTI application seeking details regarding police action in response to a complaint alleging social disharmony, and further inquiries into government regulations concerning meat and liquor sales near religious sites.

The Conflict: A Neighborhood Dispute and RTI Seeking

The appellant, Mahendra Kumar, representing the 'Hindu Hit Chintak Hanuman Chalisa Pariwar,' had filed a complaint with the Delhi Police alleging that certain individuals organized a non-vegetarian food distribution event near a temple in Seema Puri during the festival of Shab-e-Barat. Kumar, believing this act disturbed local religious harmony, sought details on the investigation, the actions taken against the named individuals, and official government guidelines regarding the proximity of meat/alcohol sales to temples.

While the Public Information Officer (PIO) of the Shahdara district submitted an Action Taken Report (ATR) stating that an inquiry had found no substance to the allegations—concluding that the event did not interfere with any specific religious site—the appellant persisted, arguing the information was incomplete regarding government policies.

Arguments: The Gap Between Procedure and Policy

During the hearing before Chief Information Commissioner (CIC) Raj Kumar Goyal, the appellant maintained that his RTI application was not merely about his specific complaint, but also about securing official government circulars, if any, that define the permissible distance for non-vegetarian commercial activities from religious institutions.

The Delhi Police representative argued that they had fulfilled their duty by providing the inquiry report. However, the Commission noted a distinct lack of factual information provided regarding Point 6 of the RTI query—the existence of government directions or guidelines regulating such activities.

The Commission’s Legal Analysis

The Commission centered its analysis on Section 2(j) and Section 7(9) of the RTI Act. Commissioner Goyal underscored that a PIO is bound by law to provide information available in the records of the public authority.

"The information provided to the appellant is incomplete, especially when guidelines related to the prohibition of liquor or non-vegetarian food in the vicinity of temples and religious places are issued from time to time by the government," the Commission observed. The CIC clarified that avoiding specific questions about government norms constitutes a failure to meet the transparency standards mandated by the RTI Act.

Key Observations

The judgment highlighted fundamental principles regarding the duty of a public servant under the Act: * "Information under the Right to Information Act, Section 2(j), allows a Public Information Officer to provide only the information available as material in the records of the concerned authority." * "As per the provisions of Section 7(9) of the RTI Act, information should generally be provided in the form in which it is requested." * "The Commission is not satisfied with the reply provided as it lacks the factual status regarding government directions for religious places."

Final Decision: A Mandate for Disclosure

In a clear-cut verdict, the CIC ordered the PIO of Delhi Police, Shahdara District, to re-examine the query regarding government guidelines (Point 6) within 15 days. The Commission mandated that the office must search their records and provide a factual, evidence-based response to the appellant.

This ruling serves as a vital reminder to public authorities that answering a complainant's specific grievance is insufficient if the RTI application also seeks clarity on underlying policy and legal frameworks. By emphasizing the duty to search records, the CIC has bolstered the right of citizens to be informed about the rules that govern their public spaces.