Have you ever felt that a government department isn’t providing you with the information you’re entitled to, or worse, is ignoring your rights? Many Indian citizens face such situations. The Right to Information (RTI) Act, 2005, empowers you to seek answers. But what happens when the information you need involves a state government entity, and you’ve approached the Central Information Commission (CIC)? This case sheds light on the jurisdiction of the CIC and how it impacts your RTI journey.
Background: What Information Was Sought
In this particular case, the applicant was seeking crucial information related to a complaint he had filed on February 15, 2008, against officials of the Indian Navy and Air Force. His complaint alleged illegal confinement and torture. He had seen newspaper advertisements stating that the Delhi Police must register an FIR for cognizable offenses and provide a copy free of charge. Therefore, he requested a certified copy of such an order and wanted to know the current status of his complaint. Crucially, he also asked for the reasons why an FIR had not been registered for his complaint, given the alleged cognizable offenses. The Public Information Officer (PIO) responded that the applicant’s request was a “query” and did not qualify as “information” under Section 2(f) of the RTI Act. The PIO suggested consulting law books, as the complaint was still under inquiry. The First Appellate Authority (FAA) further informed the applicant that his complaint was pending inquiry and had been sent to the Commanding Officer, Naval Headquarters, for action, as it pertained to their department.
How the Public Authority Responded
The initial response from the PIO was a denial, classifying the request as a mere query. This is a common tactic used to avoid providing information. The PIO’s advice to consult law books was unhelpful and did not address the core of the applicant’s request – the status of his complaint and the reasons for not registering an FIR. The FAA’s response indicated a transfer of the matter to another authority, suggesting that the original department might not have had the complete jurisdiction or information. This process of denial, deflection, and transfer can be frustrating for any RTI applicant.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), it was revealed that the applicant had filed another identical RTI application. This application had been transferred to the state police department because the matter was considered to be within their jurisdiction. This transfer highlighted a key issue: which information commission has the authority to hear a case when the information sought relates to a state government entity, even if the RTI application was initially filed with a central authority?
The CIC Order and Its Significance
The Central Information Commission, after reviewing the case, made a significant observation. The Commission stated that the appellant had been adequately replied to PIO. More importantly, the CIC declared that it **does not have jurisdiction over matters pertaining to the State Governments**. This is a critical point for all RTI users. The CIC’s authority is generally limited to public authorities under the Central Government. For matters involving State Governments, the relevant authority is the State Information Commission (SIC).
The Commission, therefore, advised the appellant to approach the concerned State Information Commission in this regard. This ruling clarifies the hierarchical structure of information commissions and emphasizes the importance of filing your appeal with the correct body. It means that while the RTI Act is a unified law, its implementation and oversight at the state level are handled State Information Commissions.
Key Lessons for RTI Applicants
- Lesson 1: Understand Jurisdiction: Always be aware of whether the public authority you are filing an RTI application with falls under the Central Government or a State Government. This will determine which Information Commission you should approach for appeals (CIC for Central, SIC for State).
- Lesson 2: Document Everything: Keep meticulous records of your RTI application, the PIO’s response, the FAA’s order, and any correspondence. This is crucial evidence if your case needs to be escalated.
- Lesson 3: Be Specific in Your Request: While the applicant in this case was seeking information about a complaint, clearly articulating your request and the desired outcome can help avoid the PIO labeling it as a mere “query.” Frame your questions to seek factual information, records, or reasons for decisions.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or office holds the information you need.
- Draft Your RTI Application: Clearly state the information you are seeking. Be precise and avoid vague language.
- Submit Your Application: Pay the prescribed fee and submit your application to the PIO of the relevant public authority.
- File an Appeal if Necessary: If you are not satisfied with the PIO’s response, or if there is no response within the stipulated time (usually 30 days), file a First Appeal with the FAA. If the FAA’s decision is also unsatisfactory, you can then file a Second Appeal with the appropriate Information Commission (CIC or SIC).
Sample RTI question you can use:
Please provide a certified copy of the order mandating the registration of FIRs for cognizable offenses and the free provision of FIR copies to complainants. Additionally, please provide the current status of my written complaint dated [Date of Complaint] filed against [Officials/Department Name] regarding [Brief description of the complaint], and state the specific reasons if an FIR has not been registered for the alleged cognizable offenses.
Conclusion
This case serves as a valuable reminder that the RTI Act is a powerful tool, but understanding its procedural aspects, like the jurisdiction of information commissions, is equally important. If your RTI matter involves a state government entity, remember to direct your appeals to the State Information Commission. informed and persistent, you can effectively leverage your right to information and hold public authorities accountable.
