PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. KP(R)6/2007

Dated 05-02-2008

Name of the Complainant:
Shri Phukan Ch. Medhi
Assam Secretariat ©, Dispur
Home (A) Deptt, Guwahati-6

Name of the Public Authority / SPIO:
S.P Kamrup (Rural)

The following are present

  1. Shri Debajit Hazarika, S.P. Kamrup -Public Authority
  2. Shri Phukan Ch. Medhi -Complainant
Brief of the case
On 9.10.07, a petition was received by the Commission from Shri Phukan Chandra Medhi of Home (A) Department, Assam Secretariat, Dispur to the effect that he wanted to obtain information under the RTI Act, 2005 from the Director General of Police, Assam vide his letter dated 30.8.07 as to why no case was registered by police when he handed over an FIR to the O/C. Hajo Police Station and inspite of two reminders from the S.P. Kamrup (R). He wanted information as to why no action was taken on his FIR.

On receipt of the petition, the Commission transferred the petition to the S.P (Rural) Kamrup on 29.10.07. Then on 6.12.07, the petitioner submitted a complaint before the Commission stating that he had not received any information from the S.P, Kamrup (R).

Hence this complaint case.

Submission of the complainant
The complainant stated that two simulu trees standing on his farm at Dakhin Singra (Bordol village) under Hajo Police Station were stolen by one Zakir Ali a neighbour residing in the same locality and had been sold by him. When he learnt about the theft on 30.10.06 he went to his house but he was not found available in his house. The value of the trees would be about Rs. 20,000/-. As such he submitted a petition to the Director General of Police on 30.8.07. He also stated that the said Zakir Ali was arrested by Hajo Police on 15.6.07 but was released on 17.6.07 for reasons best known to the Hajo Police Station personnel. No action was taken by the DGP, Assam on the matter. As such he submitted an application under the RTI Act before the Director General of Police, Assam on 30.8.07 stating the above. He wanted to learn from the DGP as to why inspite of the direction of the SP Kamrup on 18.11.06 to the OC Hajo Police Station no case was registered. Moreover, he submitted that the SP Kamrup (R) also sent two reminders on 18.11.06 & 10.5.07 but no action was taken by the OC Hajo Police Station.

He also submitted that he met the OC, Hajo Police station in the Police Station itself 22 times to pursue the case and when no action was taken, he had to approach the Director General of Police, Assam to obtain information as to whether any case registered by Hajo Police Station in the matter and what action was taken against the culprit.

The Superintendent of Police, Kamrup (R) stated that on receipt of the petition dated 17.11.06 submitted by Shri Phukan Ch. Medhi of Home (A) Department, Dispur he endorsed the same to the O/C Hajo, Police Station for registering a case and to take necessary action as per law vide his memo dated 18.11.06. Due to non-compliance of the order, the Additional S.P. (HQ) Kamrup was asked to cause an enquiry and submit a report. On receipt of the report of Additional S.P (HQ) Kamrup the Sub-Inspector Shri P. Das, O/C Hajo Police Station was severely reprimanded. He also issued a show cause notice to the O/C Hajo Police Station for defying his orders issued on two dates and the matter was also enquired by the SDPO, Rangiya. He stated that a report was submitted by him to the DG P Assam on 31.12.07 informing him about the action taken on the FIR of the complainant and also informed that the Hajo Police Station had already registered a case and the case is under investigation. He also stated that the OC Hajo Police Station had been directed to submit Final Form in the case soon. The S.P. Kamrup (R) also informed that the DGP office had sent information to the petitioner on receipt of the same from him.

Observation of the Commission
The Commission observed that the petitioner wanted information relating to two issues; firstly why no case was registered by the Hajo Police Station on the basis of the FIR lodged by him; secondly why no report was sent by the OC Hajo Police Station inspite of reminders issued by the SP, Kamrup (R). The Commission observed that the SP had clearly stated in his report to the DGP Assam that the petition dated 17.11.06 submitted by Sri Phukan Ch. Medhi (the complainant) was endorsed to OC Hajo Police Station for registering a case and take necessary action vide memo dated 18.11.06. But as the OD, Hajo Police Station did not comply with his order, the Additional SP HQ Kamrup was asked to enquire into the matter and submit a report and on receipt of the report, the OC Hajo Police Station was severely reprimanded for not registering the case. However the Commission found that the SP had clearly confirmed that a case was registered and investigation was proceeding. Regarding the reminders issued by the SP Kamrup to the OC Hajo Police Station, the Commission found that the SP had issued show cause notice to the OC Hajo Police Station for defying his order. The Commission as such found that the information sought for by the complainant was furnished to him by the DGP, Assam on receipt of a report from the SP, Kamrup (R). The Commission however observed that the stand of the SP, Kamrup (R) that he did give information to the complainant as the matter is related to two communities which may result in disruption of communal harmony and the matter is sub-judice does not hold good as the complainant did not ask for details of the investigation nor did he ask for any statements of the witnesses etc. but simply asked whether any case was registered on the bais of his FIR and why no report was sent by the OC Hajo Police Station inspite of reminders issued by the SP, Kamrup (R).

Decisions of the Commission
The Commission found that the information sought for by the complainant was furnished to him completely as such the commission decided to close the case.

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

(Jiauddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.

Memo No. SIC/KP(R)6/2007 Dated February 05, 2008

CC:

  1. Shri Phukan Ch. Medhi, S.P. Kamrup (Rural)
  2. Shri Phukan Ch. Medhi, Assam Sectt (C) Dispur, Home (A) Deptt, Guwahati
  3. The DIPR, Dispur, Guwahati.
  4. MD, AMTRON, Bamunimaidan
  5. Office file.
Secretary
State Information Commission, Assam