The court held that a request for police records and CCTV footage made after a significant delay (six years) can be denied if the records have been destroyed according to standard retention policies, regardless of the pendency of a trial.

JUDGMENT

1. Rule returnable forthwith. Mr. Angesh Panchal, learned AGP waives service of rule for and on behalf of the respondent.

2. Present petition is filed by the petitioner under Articles 14 and 226 of the Constitution of India r/w the provision under Right to Information Act, seeking below mentioned relief/s:-

“6 (A)YOUR LORDSHIPS be pleased issue any writ, order or direction, in the nature of writ of mandamus or any other writ by directing the respondent no.2 to restore the information as sought in Point No. A of the RTI Application dated 26.08.2023 and provide it to the applicant and annexed at Annexure-A;

(B) YOUR LORDSHIPS may be pleased to direct departmental inquiry against the responsible persons who have deliberately destroyed a public document before its utility is completed.

(C) YOUR LORDSHIPS be pleased to grant such other and further reliefs as deemed fit in favour of the petitioners, in the interest of justice.”

3. The facts giving rise to preset petition are that on 26.08.2023, the Applicant filed an RTI application before Respondent No. 2 seeking information regarding FIR being I-CR No. 23 of 2017 registered with City A Division Police Station, Jamnagar, wherein the Applicant’s son, Jaysukh @ Jayesh Ranpariya, is an accused. The Applicant sought details of station diary and lock-up register entries for the period during which the accused was under police remand from 20.02.2017 to 23.02.2017, including entries relating to his entry and exit from the lock-up along with reasons, as well as details from the station diary regarding the places and cities to which he was taken during police custody for investigation.

3.1 In response on 23.09.2023, Respondent No. 2 stated that the information sought under Point A is unavailable as the relevant records of the year 2017 have been destroyed, and with respect to Point B, it was stated that the information is not available since the chargesheet has already been filed. The said response is arbitrary and untenable, as the information pertains to Chargesheet No. 66(a) of 2017 in a case where the trial is still pending before the Addl. District Sessions Court, Jamnagar in ACB Special Case No. 02 of 2017, and therefore, the destruction or non-availability of such crucial records during the pendency of trial is unjustified.

3.2 Being aggrieved by the illegal and arbitrary action of Respondent No. 2 in claiming destruction or non- availability of vital records relating to a pending criminal trial, the petitioner has preferred the present petition.

4. I have heard learned counsels appearing for both the sides and perused the record.

5. Learned advocate for the petitioner has submitted that the information claimed to be destroyed by the respondent no.2 is merely a 6 years old public document and could not have been destroyed by the respondent no.2 as it pertains to a ongoing trial being ACB Special Case No.02 o 2007 pending before the trial Court. He has submitted that the petitioner has not sought an information wherein the case is closed and there is no more requirement of documents. Learned counsel for the petitioner has also submitted that it is the duty of the police and its officials of the concerned police station that the police records and registers are preserved and kept intact. He has submitted that until and unless the trial of the case is completed, all the records and registers pertaining to the matter in trial are to be kept intact and preserved for the purpose of pending trial.

5.1 In view of the above submissions, learned counsel for the petitioner urges before the Court that present petition may be allowed and the respondent authorities may be directed to provide the information sought for by the petitioner.

6. On the other hand, learned AGP for the respondents submits that so far as information pertains to Point A is concerned the same is unavailable as the relevant records of the year 2017 have