Delhi Police banks on HC rules to deny info to ex-RA&W officer

Delhi Police has cited the RTI rules of Delhi High Court to withhold correspondence of its Special Cell with the Home Ministry in the case of a former RA&W official.

Last Updated: Dec 17, 2010, 19:22 PM IST

New Delhi: The Delhi Police has cited the
RTI rules of Delhi High Court to withhold correspondence of
its Special Cell with the Home Ministry in the case of a
former RA&W official, accused of passing on sensitive
information to an American diplomat.

Brigadier (Retd) Ujjal Dasgupta, who was arrested on the
charges of espionage, had sought related information from
Delhi Police. He had wanted to know correspondence of the
police with the Home Ministry seeking authorisation of the
government for lodging a complaint against him in the court.
Dasgupta had also asked for certified copy of the
relevant correspondence between the Central Forensic Sciences
Laboratory and the Special Cell of Delhi police.

The police refused to give any of the documents saying
the judicial file as well as the police file of the case are
in the court and it has no means to answer the questions
raised by Dasgupta in his RTI application.

During the hearing before the Central Information
Commission, Dasgupta submitted that he has been wrongly denied
information because Delhi High Court`s Right to Information.
Rules are internal rules only applicable to Public Information
Officer of the court and not of Delhi Police.

The Commission directed the Delhi Police to again go
through the plea of Dasgupta saying the appellate authority
within the force has not passed any directive on the issue.

Information Commissioner Sushma Singh said the matter is
"remitted back to FAA...to take appropriate decision by
passing a speaking order after providing an opportunity of
hearing to the appellant, keeping in view the fact that the
RTI rules of Delhi High Court are not applicable to Delhi
Police."

PTI