The State Information Commission, Kerala

The State Information Commission, Kerala

Punnen Road, Thiruvananthapuram – 695 039

Tel: 0471 2335199, Fax: 0471 2330920

Email:

Present:

P.N. Vijayakumar, State Information Commissioner

Shri. K. Prabhakarran

Secretary, Swasraya

Mattancherry, H.No. XIV/981 Requester

Ernakulam.

Vs

Public Information Officer

District Police Office, Respondent

Kollam.

ORDER

This is a complaint preferred by one Sri. K. Prabhakaran for and on behalf of a voluntary organization, Swasraya. In the complaint dated 10.1.2007 a request was made to the Circle Inspector of Police, Kundara for getting copy of an FIR. The complaint was sent by registered post. But was refused. The copy of the complaint was marked as Ext.A1. The cover registered with A.D returned to the sender was marked as Ext.A2. The remarks of the Superintendent of Police was called for. It was reported by the Superintendent of Police in the month of March, that he had directed to collect this required information from the Deputy Superintendent of Police and the report addressed to the State Information was marked as Ext.A3.

The question that arises for consideration is whether there was a refusal of the information and if so what was the proper remedy?

Today when this case was taken up for hearing the requester Shri. Prabhakaran was absent. But the Deputy Superintendent of Police who was entrusted by the Superintendent of Police the disposal of the application had appeared and had preferred a detailed statement. It was averred that Prabhakaran has made a request to get the details of an FIR in crime 792/06 of Kundara Police Station. It was further submitted that the request was returned by the Circle Inspector, since he was out of station. The request in original was received by the Public Information Officer, was subsequently authorized by the Superintendent of Police to receive the request on 28.11.2006. Copy of the same was produced and marked as Ext.A4. He would say that he had asked the requester Shri. Prabhakaran to come and collect the information from the office of the DYSP. This intimation was marked as Ext.A5. The intimation was not for proper acknowledgement because the Public Information Officer would say that he had to remit required fee for getting the information. Ext.A5 communication did not contain any mention regarding the required fee for furnishing of information. Therefore, it cannot be stated that it was a proper intimation to the requester. However, the Public Information Officer is here by directed to furnish a copy of the FIR to the requester by post and since the time limit was over no fee should be realized.

With this observation the file is closed. The Superintendent of Police, Kollam is directed to conduct an enquiry about the fact of refusal of registered post by the Circle Inspector of Police, Kundara and intimate the State Information Commission the action taken against the officer concerned.

Dated this the 11th th day of December 2007.

Sd/-

P.N.Vijayakumar

State Information Commissioner

Authenticated copy

Secretary to Commission