Dated 14-11-2007

Name of the Complainant:
Md. Sarifuddin Ahmed

Name of the Public Authority:
Commissioner, Home & Political

The following was present:
Md. Sarifuddin Ahmed, Appellant

The complainant present. The Commissioner & Secretary, Horne & Political Department submitted a prayer on 13.11.07 only for postponement of the case as he was to attend the Assembly everyday. The Commission accepted his plea but decided to hear the case exparte as the complainant came all the day from Rangiya to attend the hearing.

Brief of the case
On 16.8.07 a petition was received from Md. Sarifuddin Ahmed, Advocate, Rangiya in which he stated that he sought for information relating to the withdrawal of the Criminal Case (Rangiya P.S. Case No. 126/04 under section 448/353/506 IPC) and sought for the copy of the legal opinion furnished by L.R. as well as the decision of the Government regarding the withdrawal. The Secretary of the Commission transferred the petition to the Commissioner & Secretary, Horne Department, Government of Assam. He again submitted a complaint on 4.10.07 stating that he did not need an extract of LR's opinion which was submitted to the Horne Commissioner. Rather he wanted a detailed report on the subject.

On receipt of this complaint the Commission decided to inquire under section 18(2) ofthe RTI Act and issued notices.

Submission of the parties
The complainant submitted that he was furnished a reply by the SPIO of Political Department vide letter dated 26.9.07 wherein it was stated that the Government has not considered the prayer for withdrawal made by Md. Sarifuddin Ahmed, Addl. Public Prosecutor in Rangiya P.S. Case No. 126/04, under section 447 / 353 / 149 /290 / 500/ 504/506 IPC and the SPIO had also given an extract of the endorsement of the Judicial Department dated 6.9.06 to the effect that this appears to be no bar in taking action under section 321 of the Cr.P.C. and that the Department may consider the matter, if so decided.

The complainant submitted that the case was registered against him at the behest of the then SDO (C) Rangiya and that the case was false and fabricated and chargesheeted very quickly by police.

He also stated that as so many cases were withdrawn by the Government his case should have also been withdrawn and for this purpose he approached the Home Commissioner, Government of Assam who told him that he would look into the matter. The complainant alleged that the decision for not withdrawing the case was not taken at the level of the Chief Minister who is Minister-in-charge of Home & Political Departments but by the Home Commissioner and hence he wanted to see the details in the file. He further complained that the information provided to himiwas not complete and hence he had approached the Commission for justice.

Observation of the Commission:
The Commission perused the petition of the complainant dated 13.8.07. It was found that he sought for a detailed report from the Home Commissioner whether the Government would withdraw the criminal case lodged against him and what opinion was given by the L.R. to the Home Commissioner in this case. The Commission perused the letter dated 26.9.07 issued by the SPIO of Political Department in which it was dearly stated that the Government has not considered the prayer for withdrawal of the case. Opinion of the L.R. was also given in that letter. As such the Commission found that complete information was given to the complainant.

Decision of the Commission:
The Commission, on careful consideration of the facts and circumstances of the case decided that the information furnished to the complainant was complete. In case the complainant wanted to inspect the relevant records as defined under section 2 (i) and 2(ii) of the Right to Information Act, 2005, he might feel free to submit a petition to the SPIO of the Political Department with the application fee prescribed.

Sd/- (R.S. Mooshahary)
Chief Information Commissioner, Assam
Janata Bhawan, Dispur.

Sd/- (Dr. B K Gohain)
State Information Commissioner, Assam
Janata Bhawan, Dispur.

Authenticated true copy
(Jaiuddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.

Memo No: SIC/KP(M).26/2007/19 Dated November 14, 2007

CC:
1. The Commissioner & Secretary, Home & Political Department.
2. Md. Sarifuddin Ahmed, Addl. Public Prosecutor, SDJM's Court, Rangiya - 781354, Dist Kamrup.
3. The DIPR, Dispur, Guwahati.
4. MD, AMTRON, Bamunimaidan.
5. Office file.


Secretary, State Information Commission,
Assam, Janata Bhawan Dispur