2022 Supreme(Online)(CIC) 282
के (cid:574)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:330),मुिनरका
Baba Gangnath Marg, Munirka नई िद(cid:671)ी, New Delhi – 110067 ि(cid:554)तीय अपील सं(cid:421)ा/ Second Appeal No. CIC/DIRFF/A/2020/679220 In the matter of:
Amit Bhargava … अपीलकता(cid:330)/Appellant VERSUS बनाम CPIO, …(cid:366)ितवादीगण /Respondent /Deputy Director Directorate of Film Festivals, Ministry of Information and Broadcasting, Sirifort Auditorium Complex, August Kranti Marg, Khel Gaon, New Delhi – 110049 Relevant dates emerging from the appeal:
| R TI Application filed on | : | 02.02.2020 |
| CPIO replied on | : | 19.02.2020 |
| First Appeal filed on | : | 21.03.2020 |
| First Appellate Authority order | : | Not on Record |
| Second Appeal received on | : | 24.07.2020 |
| Date of Hearing | : | 11.01.2022 |
Appellant: Informed over phone that the instant matter is res judicata.
Respondent: Smt. Indrani Bose, Dy. Director (informed over phone as to the instant matter is res judicata)
O R D E R
Information sought:
The Appellant filed an online RTI Application dated 02.02.2020 seeking information as under:
“Kindly provide the information and certified copy of documents / records sought u/s 6(1) of the Right to Information Act, 2005 within 48 hours. The information sought be provided tabular format. Copy of the Documents / Records sought be mandatorily certified as required u/s 2(j)(ii) of the Right to Information Act, 2005.
The information is sought within 48 hours as I was physically assaulted & criminally Intimidated on directions of Mr. Somnath Bharti, MLA, Malviya Nagar, along with Ms. Aswathi Murlidharan, Jt. Secy to CM. GNCTD and thrown out of the Siri Fort Auditorium where I had come to attend the “Townhall with Arvind Kejriwal” on 23.01.2020 organised by Time Now TV News channel. All information sought has a direct correlation on the physical assault on me. As such there is a considerable threat to my and my family’s life and liberty and the information sought is required to be provided within 48 hours.
1. Provide complete CCTV recording from all CCTV cameras installed to record areas accessed by general public in Siri Fort Auditorium Complex from 1400 hours to 1600 hours of 23.01.2020.
In this regard your attention is drawn to various orders of the Central Information Commission in which CCTV recordings have been provided. One such decision where the Hon’ble CIC has taken a holistic view is Decision No.
CIC/YA/A/2016/002188 Dated 16.10.2017 Further in a recent significant order, the Tamil Nadu Information Commission has directed the Coimbatore district police to share CCTV footage of the Pollachi Taluk police station, sought by a petitioner under the Right to Information (RTI) Act.
This has been reported in The Hindu at the following URL:
https://www.thehindu.com/news/cities/chennai/cctv-footage-at-police-station-
open-to-scrutiny/article26657737.ece (Copy enclosed)
2. Provide certified copy of COMPLETE (a) Record, (b) Correspondence, (c) Documents, (d) Details of Action taken, (e) Booking, (f) Recording, (g) Booking, (h) Security, (i) Notings on File, & (j) Details of Movement of file along with diary number, etc., in respect to TownHall with Mr. Arvind Kejriwal organized by TimeNow TV news channel on 23.01.2020 at Siri Fort Auditorium.
3. Certified copy of any other relevant information.
4. Certified copy of file notings on every aspect of this RTI petition and on movement of this RTI petition.
Your attention is drawn to the order of the Hon’ble CIC under File No.
CIC/SM/A/2011/901365, dated 9 July 2012, which states that…
“6. It must be remembered that the transparency demanded under the Right to Information (RTI) Act of all public authorities would also extend to the CPIO, the Appellate Authority and the Central Information Commission in equal measure. The records generated by these authorities while dealing with any RTI application or appeal will have to be readily available in the public domain without any hindrance.”
5. In case queries also relates to some other public authority, please transfer this RTI petition to CPIO there, u/s 6(3) of the RTI act, 2005, in addition to providing of all information available with you.
Ms. Tannu Rai, CPIO and Deputy Director, Directorate of Film Festivals, M/o. Information & Broadcasting, New Delhi vide letter dated 19.02.2020, informed the Appellant as under:
Being dissatisfied, the appellant filed a First Appeal dated 21.03.2020, which has not been adjudicated by the First Appellate Authority as per available records.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. The Appellant requested the Commission to direct the CPIO to provide complete information sought for and take appropriate legal action against the Respondent. He also requested the bench to award Compensation.
Decision:
Upon perusal of the facts on record, the Commission is of the considered opinion that the subject-m