Central Information Commission (CIC) has held that funds allocated to Police Stations cannot be disclosed under Right to Information Act and there should not be any compromise on operational secrecy and security interest of Union Territory of Jammu and Kashmir.
The Central Information Commission was dealing with a Second Appeal filed by one Faisal Bashir seeking details of funds allocated to every Police Station of Union Territory of Jammu and Kashmir and inspection of files and relevant documents etc.
The RTI application was filed on August 1, 2022 but the CPIO, Police Headquarters, Srinagar vide letter dated August 13, 2022 relied: “In this connection, information collected from AIG (Personnel), PHQ J&K vide Letter No.GB/M-48/2021/43854 dated August 11, 2022 reveals that the information sought cannot be shared being classified/vital in nature”.
Dissatisfied with the response received from the CPIO, the appellant filed First Appeal dated August 29, 2022 and the First Appellate Authority—IGP (CIV), PHQ vide order dated September 21, 2022 stated: “The information as asked for is exempted under RTI Act, 2005, Rule 8 Sections (a, g, h and j) as such cannot be provided”.
Aggrieved and dissatisfied, the appellant approached the Central Information Commission with the Second Appeal and during the course of hearing he submitted that exemption under Section 8 (1) (a) (g) (h) and (j) of the RTI Act, 2005 was incorrectly claimed by the respondent without any reason/ justification and that the information should have been proactively disclosed on the website as per Section 4 (1) (b) of the Act which has not been done in the instant matter.
The respondent represented by Dr G V Sundeep Chakravarty, PIO & AIG (CIV) participated in the hearing before the CIC and admitted that exemption under Section 8 (1) (g) (h) and (j) of the Act was perhaps claimed inadvertently and that exemption under Section 8 (1) (a) was only applicable in the present matter.
He further stated that only the overall budget allocation details are released in the media and can be provided to the appellant, if so directed by the Commission. However, specific information regarding the funds allocated to each Police Station was not disclosed in order to maintain the operational secrecy and security interest of Union Territory of Jammu and Kashmir.
In the light of the facts of the case and the submissions made by both the parties, the Chief Information Commissioner Y K Sinha observed that there should not be any compromise on operational secrecy and security interest of J&K.
The Commission directed Dr G V Sundeep Chakravarty, PIO & AIG (CIV) to re-examine the RTI application and provide a revised response with the overall budget allocation details to the appellant without compromising on the operational and security interest by 31.07.2023 under intimation to the Commission.
The Central Information Commission has also upheld the decision of the CPIO, Police Headquarters not to provide information under RTI Act regarding Police Stations and Police Posts operating from private property and not from Government buildings, expenditure bills and report of all Police Stations, Police Post and Training Centres etc.
However, the CPIO revealed to the applicant that at present there are 250 Police Stations and 232 Police Posts in the Union Territory of Jammu and Kashmir.
While disposing of the Second Appeal, Chief Information Commissioner Y K Sinha observed, “in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the respondent. Hence, no further intervention of the Commission is required in the instant matter”.
“For redressal of his grievance, the appellant is advised to approach an appropriate forum”, read the decision of the Central Information Commission. (Daily Excelsior)
