✦ High Court of India · 17 Mar 2025

Mr. Vivek Kumar Tandoan, Ms. Prerna Tandon, Ms. Mamta Tandon and Mr. Harshit S v. COMMISSIONER OF POLICE

Case Details High Court of India · 17 Mar 2025
Court
High Court of India
Decided
17 Mar 2025
Length
1,042 words

Acts & Sections

Through: Ms. Avshreya Pratap Singh Rudy, SPC, Ms. Harshita Chaturvedi, Mr. Siddharnt Nagar, Advs. for Delhi Police. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA O R D E R 17.03.2025 % CM APPL.15277/2025 (Exemption) 1. 2. Application stands disposed of. Allowed, subject to all just exceptions. W.P.(C) 3241/2025 3. The present petition has been filed by the petitioner seeking that the respondent be directed to forthwith comply with the order dated 18.04.2023, passed by the Central Information Commission (CIC) and to provide the complete and original information requested by the petitioner in his RTI application dated 08.04.2022. 4. During the course of arguments, attention is drawn to previous writ petition being W.P.(C) 7928/2024, filed by the petitioner, substantially seeking the same relief. The said writ petition was disposed of vide order This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/03/2025 at 14:41:31 dated 29.05.2024 in the following terms: “1. The Petitioner has approached this Court with the following prayers: “a) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction in favour of the petitioner and against the Respondents, directing the Respondents to comply with the order dated 18.04.2023 passed by CIC in letter and spirit. b) Pass such other further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”

2. Material on record indicates that the Ld. CIC by the Impugned Order dated 18.04.2023 passed the following direction: “Decision: In furtherance of the hearing proceedings, the Commission directs Anil Kumar, APIO, O/o ACP North District, Delhi Police to ensure the provision of the relevant documents referred in their reply of 07.07.2022 to the Appellant, free of cost, through their CPIO within 15 days from the date of receipt of this order. Further, upon a perusal of the replies provided by the CBI and Delhi Police, the Commission finds that appropriate responses have been provided to the Appellant as per the provisions of the RTI Act leaving no further scope of intervention in the matter. Since, the basic premise of the instant appeal(s) has been the inaction of CBI on the complaint of the Appellant which is not an issue that is amenable to the jurisdiction of the Commission under the RTI Act, the Appellant is advised to approach the appropriate forum regarding any further grievance against action/inaction on the averred complaint. ”

3. It is stated by the learned Counsel for the Petitioner that the aforesaid direction passed by the Ld. CIC has not been complied with by the Respondents.

4. The remedy of the Petitioner is to approach the Ld. CIC under Section 20 of the RTI Act.

5. Confronted with the aforesaid, the learned Counsel for the Petitioner seeks permission to withdraw the present writ petition with liberty to approach the Ld. CIC by filing an appropriate application under Section 20 of the RTI Act.

6. Permission and liberty, as sought for, are granted.

7. The writ petition is disposed of as withdrawn, along with pending application(s), if any. It is made clear that this Court has not made any observations on the merits of the case.” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/03/2025 at 14:41:31

5. Subsequently, it is submitted that the petitioner approached the CIC by way of an application under Section 20 of the RTI Act, 2005. However, it is submitted that the CIC had not scheduled any hearing / passed any order on the said application. 6. Learned counsel for the respondent submits that the requisite documents in terms of the directions dated 18.04.2023 of the CIC have already been supplied to the petitioner. It is further strenuously submitted that the petitioner has filed multiple RTI application pertaining to the same subject and vide order dated 24.06.2024 (in connection with various other RTI applications filed by the petitioner pertaining to the same subject matter), the CIC has taken judicial cognizance of the fact that almost 175 RTI applications have been filed by the petitioner, in addition to several first appeals and second appeals have been filed by the petitioner. 7. It is noticed in the said order passed by CIC, that the petitioner has resorted to file multiple overlapping RTI applications seeking information arising out of the same incident. It is submitted that the CIC also has taken note of the fact that the requisite information has already been provided to the petitioner. 8. In the circumstances, this Court is not inclined to pass any further order in the present writ petition as regards supply of any information. However, it is noticed that an application filed by the petitioner under Section 20 of the RTI Act, 2005, is still pending. Any outstanding grievance of the petitioner as regards non-supply of the requisite information (if at all) would be considered by the CIC, while considering the said application under Section 20 of RTI Act, 2005. 9. The present petition is, accordingly, disposed of with a direction to This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/03/2025 at 14:41:31 the CIC to expeditiously dispose of the the said application under Section 20 of RTI Act, 2005. Let the same be done expeditiously and preferably within a period of 12 weeks from today. MARCH 17, 2025/cl SACHIN DATTA, J This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/03/2025 at 14:41:31

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