http://timesofindia .indiatimes. com/india/ CIC-slams- MCD-Delhi- Police-for- non-cooperation/ articleshow/ 5755343.cmsIn a scathing indictment of MCD and Delhi Police, Central Information Commission said in a recent order that RTI Act had been rendered ineffective by the "non-cooperation" of the two agencies in stopping illegal encroachment in the Capital.
Exercising powers of a civil court, information commissioner Shailesh Gandhi had ordered an inquiry into allegations of assault on an RTI appellant during a site inspection for encroachment. Instead of submitting a report, Delhi Police filed a writ petition in Delhi High Court while the MCD commissioner did not even respond.
"Citizens rightly expect that the information commission must ensure their protection when they are using Right to Information to unearth and challenge illegal activities. It is with deep concern that I admit that I am unable to take any further action as my powers under the Act have now been rendered completely ineffective by the non-cooperation of the police and the MCD. I hope that all statutory agencies will cooperate to ensure that rule of law prevails," Gandhi said in his order.
Kishan Ganj resident Anil Kumar had questioned the MCD on why private buildings were allowed to come up on public land. When he was stonewalled by the MCD, Kumar appealed to CIC. Sensing that MCD was hedging information, Gandhi ordered a joint inspection by MCD and Kumar and other residents.
Gandhi noted that as some tension was anticipated, both MCD and the appellant had requested the police to be present during the inspection on January 12, 2010. A crowd had gathered before the inspection could be completed and persons were asking questions to the representatives of the appellant. Some level of altercation took place and according to Kumar, he and his colleagues were assaulted, sustained injuries and had to be taken to a hospital.
Following the episode, Gandhi shot off letters to MCD and Delhi Police with little result. In his order, he noted that Delhi Police personnel were present during the assault and were either unable to or unwilling to take any action to intervene and disperse the crowd. "This points to a very sorry state of affairs of law and order. Trouble had been anticipated at the site and when it did start, the police was unable or unwilling to take any action," the order said.
The incident took place on January 12 and the police did not submit a report till ten weeks later when it filed a writ petition. "The appellant was prevented from carrying out the inspection to arrive at the facts. MCD officers and police officers were present but could not ensure that the inspection could be carried out," Gandhi said.
With regard to the allegations of assault, the commission said offences under the Indian Penal Code may have been committed in the present case against representatives of the appellant. However, the commission as a statutory body did not have the powers to investigate allegations.
"Neither the MCD commissioner nor the Delhi Police commissioner have extended cooperation in the conduct of this inquiry. The commission expresses the hope that police and MCD will do their duty and help statutory authorities in performing their functions, failing which it would not be possible for citizens to exercise their fundamental right to information to contain corruption and to hold governments and their instrumentalities accountable to the governed, which is the objective and promise of the Right to Information Act 2005," Gandhi said.
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