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Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Roznamcha Waqiati (Daily Diary) - Maintained by Patwari to record daily incidents, movements, and official duties in villages. It is a public document and considered a record of official occurrences. The court has recognized it as a public document whose certified copies may be admissible in evidence, though its status can be challenged as suspicious depending on context Surjit Kaur VS Om Parkash - Punjab and Haryana, SURJIT KAUR AND ANR Vs OM PARKASH AND ORS - Punjab and Haryana.
RTI Applicability - The Roznamcha Waqiati is generally regarded as a public record maintained under official instructions, and its certified copies are potentially accessible under the RTI Act as public documents. However, certain entries like daily report books maintained as pocket diaries or non-controlled copies are considered not as information under RTI, and thus not accessible Anita Anand vs MCD - Central Information Commission, Rakesh Walia vs UT of Chandigarh - Central Information Commission.
Regulatory Framework - Police and other government departments are required to maintain various registers including the Roznamcha, which records investigations, witness names, and daily activities. These are regulated under police regulations and are typically considered official records Sachin VS State of Madhya Pradesh - Madhya Pradesh, Bablu @ Sada vs The State Of Madhya Pradesh - Madhya Pradesh, Vikram @ Takku @ Vikki vs The State Of Madhya Pradesh - Madhya Pradesh, Shanker Mihani vs The State Of Madhya Pradesh - Madhya Pradesh.
Confidentiality and Access - While the Roznamcha Waqiati as an official record is accessible and can be inspected, non-controlled or pocket report books maintained for internal monitoring (e.g., daily report books not part of official registers) are not considered RTI information and are not required to be disclosed Rakesh Walia vs UT of Chandigarh - Central Information Commission.
Analysis and Conclusion:The Roznamcha Waqiati maintained by Patwari is an official public document and, in principle, is accessible under the RTI Act. Certified copies of such diaries can be obtained as they are part of official records. However, internal or non-controlled report books, such as pocket diaries or internal monitoring records, are not considered RTI information and are not required to be disclosed. Therefore, the daily diary (Roznamcha Waqiati) is accessible under RTI, but certain internal or non-official records are not.
In the realm of transparency and public access to government records, a common query arises: Is the Daily Diary, i.e., Roznamcha, accessible under the Right to Information (RTI) Act? This question often stems from individuals seeking insights into official proceedings, whether from police stations or revenue departments like Patwari offices. However, the answer isn't straightforward—it hinges on the type of Roznamcha, statutory provisions, and judicial interpretations balancing confidentiality with public interest.
This blog post delves into the legal framework, key case laws, and practical considerations. We'll distinguish between police case diaries (under Section 172 CrPC) and other daily diaries like Patwari's Roznamcha Waqiati, drawing from established precedents and RTI rulings. Note: This is general information and not specific legal advice. Consult a qualified lawyer for your case.
Roznamcha or Daily Diary refers to official logs maintained by government functionaries to record daily activities, incidents, and proceedings. There are key variants:
These distinctions are crucial, as accessibility under RTI varies significantly.
Police diaries are primarily for the officer's reference. Key points include:- The diary aids inquiry or trial but cannot be used as substantive evidence. Courts may send for the diary to aid in inquiry or trial but cannot use it as substantive evidence Central Bureau of Investigation VS Kumher Inquiry Commission - 1995 0 Supreme(Raj) 278BISI CHHURIA VS STATE - 1998 0 Supreme(Ori) 6.- It can refresh the officer's memory or contradict testimony, subject to Sections 161 and 145 of the Indian Evidence Act Central Bureau of Investigation VS Kumher Inquiry Commission - 1995 0 Supreme(Raj) 278.
Police diaries are deemed confidential and privileged, containing opinions and informant details that could endanger sources or State interests BISI CHHURIA VS STATE - 1998 0 Supreme(Ori) 6Central Bureau of Investigation VS Kumher Inquiry Commission - 1995 0 Supreme(Raj) 278.
Courts balance disclosure needs against public interest Central Bureau of Investigation VS Kumher Inquiry Commission - 1995 0 Supreme(Raj) 278.
Under RTI, public authorities must disclose information unless exempted (Sections 8(1)(a), 8(1)(j)). Police diaries often fall under exemptions for:- Sovereign functions, security, or confidential opinions State of Rajasthan VS Ratanlal - 1967 0 Supreme(Raj) 65.- Informant identities or State secrets Central Bureau of Investigation VS Kumher Inquiry Commission - 1995 0 Supreme(Raj) 278.
Police diaries are protected under the privilege clauses of the RTI Act, especially when they contain confidential information, police opinions, or informant identities State of Rajasthan VS Ratanlal - 1967 0 Supreme(Raj) 65. Disclosure may be ordered if public interest outweighs harm, but generally, they're withheld State of Rajasthan VS Ratanlal - 1967 0 Supreme(Raj) 65.
Examples from practice:- At about 22:10 PM the said information was registered in Roznamcha Sanha (daily diary) at No.1868 Narbad Ahirwar VS State of M. P. - 2021 Supreme(MP) 523 - 2021 0 Supreme(MP) 523—used in trials but not public.- Entries like Daily Diary Report No.243 in police proceedings Nagu @ Narendra VS State of Rajasthan - 2015 Supreme(Raj) 1459 - 2015 0 Supreme(Raj) 1459.
Unlike police diaries, Patwari's Roznamcha is an official public document:- Roznamcha Waqiati (Daily Diary) - Maintained by Patwari to record daily incidents... It is a public document and considered a record of official occurrences. The court has recognized it as a public document whose certified copies may be admissible in evidence SURJIT KAUR AND ANR Vs OM PARKASH AND ORS - Punjab and Haryana.
Certified copies are obtainable, but status can be challenged if suspicious Surjit Kaur VS Om Parkash - Punjab and Haryana.
In non-police contexts, like supervisory daily reports, access is limited if not official records Arockiamary M.Colandhai vs CPIO, Western Railway - 2021 Supreme(Online)(CIC) 2285 - 2021 Supreme(Online)(CIC) 2285.
| Type of Roznamcha | RTI Accessibility | Key Citation ||--------------------|------------------|--------------|| Police Case Diary | Generally No | Central Bureau of Investigation VS Kumher Inquiry Commission - 1995 0 Supreme(Raj) 278 || Patwari Waqiati | Generally Yes | SURJIT KAUR AND ANR Vs OM PARKASH AND ORS - Punjab and Haryana || Internal Pocket Diary | No | Arockiamary M.Colandhai vs CPIO, Western Railway - 2021 Supreme(Online)(CIC) 2285 - 2021 Supreme(Online)(CIC) 2285 |
Recommendations:- File RTI specifying the exact record type.- Appeal rejections to First Appellate Authority or CIC.- For trials, seek court orders.- Rely on precedents like Khatri and Mukund Lal for arguments Central Bureau of Investigation VS Kumher Inquiry Commission - 1995 0 Supreme(Raj) 278BISI CHHURIA VS STATE - 1998 0 Supreme(Ori) 6.
In conclusion, while transparency is RTI's cornerstone, safeguards protect sensitive records. Whether your query involves police investigations or revenue diaries, understanding these nuances ensures informed pursuits. Always seek professional legal counsel for personalized guidance.
Clause 3.79 and 3.80 are extracted as under:- '3.79 Diary- The Patwari is required to keep diary (Roznamcha Waqiati) work book (Roznamcha Karguzari). ... Roznamcha Waiqaiti is basically a diary of daily incidents maintained by the Patwari under executive instructions issued from time to time. Patwari makes an entry each day for the mentioning of aforementioned subjects.....
Roznamcha Waiqaiti is basically a diary of daily incidents maintained by the Patwari under executive instructions issued from time to time. Patwari makes an entry each day for the mentioning of aforementioned subjects. ... Clause 3.79 and 3.80 are extracted as under:- “3.79 Diary- The Patwari is required to keep diary (Roznamcha Waqiati) work book (Roznamcha#HL_E....
Daily progress made on my representation submitted vide diary no.1429 dated 04.05.2022 regarding issuing of pending electricity bills application with effect from May 04,2022 to date. 2. ... Daily progress made on my representation submitted vide diary no.3630 dated 18.06.2022 regarding payment of pending dues on priority basis with effect from June 18,2022 to date, due to my retirement on 30.04.2023. 2. ... However the ap....
He furthermore submitted that the Supervisor is the in-charge of the concerned section and in order to maintain co-ordination/monitoring, maintains the said daily report book as a pocket diary. ... 2(j) of the RTI Act. ... “daily report book is not a controlled copy and hence as per the section 2(f) & 2(j) of RTI Act, 2005 is not information, hence cannot be provided to the Appellant”. ... The Respondent....
However the applicant may inspect the concerned diary register/ records and note down the daily progress report. ... Daily progress made on my representation submitted vide diary no.3630 dated 18.06.2022 regarding payment of pending dues on priority basis with effect from June 18,2022 to date, due to my retirement on 30.04.2023. ... Daily progress made on my representation submitted vide diary#H....
Regulation 635 (b) makes it obligatory for the prosecution to mention in daily general diary the names of witnesses examined by it during the investigation. 24. ... The Regulation 633 makes it obligatory for the police station to maintain certain registers including the Roznamcha (the general diary). Regulation 635(b) mandates to enter the names of any witness examined. 58. ... The General Diary. 2. The C....
Regulation 635 (b) makes it obligatory for 15 the prosecution to mention in daily general diary the names of witnesses examined by it during the investigation. ... The Regulation 633 makes it obligatory for the police station to maintain certain registers including the Roznamcha (the general diary). ... Daily duty Register. …... 28 635. ... The General Diary. 2. The Case #HL....
Regulation 635 (b) makes it obligatory for 15 the prosecution to mention in daily general diary the names of witnesses examined by it during the investigation. ... The Regulation 633 makes it obligatory for the police station to maintain certain registers including the Roznamcha (the general diary). ... Daily duty Register. …... 28 635. ... The General Diary. 2. The Case #HL....
Regulation 635 (b) makes it obligatory for 15 the prosecution to mention in daily general diary the names of witnesses examined by it during the investigation. ... The Regulation 633 makes it obligatory for the police station to maintain certain registers including the Roznamcha (the general diary). ... Daily duty Register. …... 28 635. ... The General Diary. 2. The Case #HL....
He furthermore submitted that the Supervisor is the in-charge of the concerned section and in order to maintain co-ordination/monitoring, maintains the said daily report book as a pocket diary. ... “daily report book is not a controlled copy and hence as per the section 2(f) & 2(j) of RTI Act, 2005 is not information, hence cannot be provided to the Appellant”. ... The Respondent submitted that the relevant dail....
At about 22:10 PM the said information was registered in Roznamcha Sanha (daily diary) at No.1868. Bhosle has further stated that he immediately informed the SDOP about the intimation he had received and recorded the same in Sanha No.1870.
2. Briefly, the skeletal material facts are that the claimant-Bhagchand suffered severe injuries in an accident on 20th July, 2006, while he was travelling in a car with his friend and the car was hit by the offending truck, which was driven negligently and carelessly. A report of the accident was entered in the daily diary (Roznamcha) on 21st July, 2006. The claimant-Bhagchand suffered severe injuries and was discharged on 30th July, 2006, and lodged an FIR of the accident o....
Upon receiving information he constituted a police party and proceeded to Village Kirawal. At the spot, Satyanarain Sain (P.W.1) presented the written report (Ex.P.1). He entered the information in the Roznamcha (Ex.P.8) bearing Daily Diary Report No.243. 1. (Oral) - Ratan Singh (P.W.17) who at the relevant time was posted as SHO, Police Station Pachewar has deposed in the court that on 8.5.2005 at about 6:00 PM he received a telephonic information that in village Kirawal a q....
2. The case of the prosecution is that on 23rd December 2006, Sub-Inspector (‘SI’) A.K. Singh of Special Cell (PW-5) received a secret information that the Appellant, a Pakistani national who was in Delhi, would come to deliver heroin to his Punjabi contacts near PVR Plaza, Connaught Place at 9.30 pm. PW-5 then took the secret informer to Inspector Devender Singh (PW-4) who verified the information and produced him before the Assistant Commissioner of Police (‘ACP’) Rishipal who directed them ....
On examining the record of the police post, the petitioner was allegedly found to have left both sides of page 97 of Daily Register (Roznamcha) blank and not have got Daily Register (Roznamcha) signed by Incharge Police Post w.e.f. 03.12.2007 i.e. the date the Daily Register (Roznamcha) was opened. On the aforesaid date Shri Alok Puri, Deputy Inspector General of Police, Udhampur - Reasi Range - Respondent no.3 herein made a surprise visit to Police Post, Tikri and allegedly ....
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