Ref: RTI Application dated 08/07/2024 & Response dated 18/07/2024
Memo Number : 305-ADM/RTI-72/24
Respected Sir/Madam,
I hereby file this First Appeal under Section 19 of the Right to Information (RTI) Act, 2005. My original RTI application dated 08/07/2024, seeking information related to citizens' rights to record interactions with police officers in various settings, was met with an unsatisfactory response. I received a reply stating that "the information is in the public domain." This response does not address my request for clear and concise information, as mandated by the RTI Act.
I would like to draw your attention to a landmark judgment passed by the Hon’ble Central Information Commission in the case of Anil Khanna vs. CPIO, New Delhi (2022). The Commission held that even if the information sought is available in the public domain, it is the duty of the PIO to provide an extract of the relevant rules or notifications that suffice the information sought, especially when the applicant requests specific legal provisions or guidelines.
In light of this, I respectfully request that the Public Information Officer (PIO) provides the following information in compliance with the RTI Act, 2005:
Clear and specific guidelines or legal provisions governing the recording of interactions between Indian citizens and police officers during road encounters, inside police stations, and at homes.
Copies or extracts of relevant circulars, rules, regulations, or legal provisions issued by the government or other competent authorities that pertain to recording interactions with police officers in the aforementioned scenarios.
Document or legal provision that can be shown to uninformed police officers who forcibly try to stop video recording through intimidation or violence.
The Hon’ble CIC has made it clear that it is the responsibility of the PIO to provide the relevant documents or extracts and not simply refer to information being available in the public domain. Kindly provide the requested information free of cost, as per the provisions of the Act and the said judgment, within the stipulated timeframe.
I look forward to your prompt response and cooperation in this matter.