SRINAGAR: The Central Information Commission (CIC) has ruled that disclosing funds allocated to Police Stations is not permissible under the Right to Information Act. The CIC emphasised the importance of maintaining operational secrecy and the security interests of the Union Territory of Jammu and Kashmir.
The case before the CIC involved a Second Appeal filed by Faisal Bashir, who sought details about the funds allocated to each Police Station in the Union Territory of Jammu and Kashmir, as well as access to relevant files and documents. The original RTI application was submitted on August 1, 2022. media reports said.
In response to the application, the CPIO of the Police Headquarters in Srinagar stated in a letter dated August 13, 2022, “The information sought cannot be shared as it is classified and vital in nature,” citing information received from AIG (Personnel), PHQ J&K.
Unsatisfied with the CPIO’s response, the appellant filed First Appeal on August 29, 2022. However, the First Appellate Authority, IGP (CIV), PHQ, stated in an order dated September 21, 2022, “The information requested is exempted under the RTI Act, 2005, Rule 8 Sections (a, g, h, and j) and cannot be provided.”
The appellant subsequently approached the Central Information Commission with a Second Appeal. During the hearing, the appellant argued that the exemptions claimed by the respondent under Section 8 (1) (a), (g), (h), and (j) of the RTI Act, 2005 were unjustified. The appellant also contended that the information should have been proactively disclosed on the website, as per Section 4 (1) (b) of the Act, which had not been done in this case.
The respondent, represented by Dr G.V Sundeep Chakravarty, PIO & AIG (CIV), acknowledged during the hearing that exemptions under Sections 8 (1) (g), (h), and (j) were inadvertently claimed. The respondent clarified that the exemption under Section 8 (1) (a) was the only applicable one in this matter. However, specific details regarding funds allocated to individual Police Stations were not disclosed to maintain operational secrecy and the security interests of the Union Territory of Jammu and Kashmir.
Considering the facts presented and the arguments made by both parties, Chief Information Commissioner Y.K Sinha emphasised that operational secrecy and security interests should not be compromised in J&K. The Commission directed Dr G.V. Sundeep Chakravarty, PIO & AIG (CIV), to review the RTI application and provide a revised response to the appellant, including the overall budget allocation details, by July 31, 2023. The directive stressed the importance of upholding operational and security interests, with the Commission being notified of the response.
Furthermore, the Central Information Commission upheld the decision of the CPIO, Police Headquarters, not to disclose information under the RTI Act concerning Police Stations and Police Posts operating from private properties instead of government buildings, as well as expenditure bills and reports of all Police Stations, Police Posts, and Training Centres.
However, the CPIO did inform the applicant that there are currently 250 Police Stations and 232 Police Posts in the Union Territory of Jammu and Kashmir.
Chief Information Commissioner Y.K. Sinha, in concluding the Second Appeal, stated, “Based on the facts of the case and the submissions made by both parties, the Commission finds that the respondent has provided an appropriate response in accordance with the provisions of the RTI Act, 2005. Therefore, no further intervention by the Commission is necessary in this matter.”
The decision of the Central Information Commission advised the appellant to seek recourse through an appropriate forum to address their grievance.
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