Furnish inquiry report against ex-DGP Jangid, HC tells SB-CID

CHENNAI: The Madras High Court (HC) has refused to set aside a court order that directed the Special Branch-CID (SB-CID) to serve the inquiry report against former Director General of Police SR Jangid, to the complainant under the Right to Information (RTI) Act.

The first division bench comprising Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy dismissed the appeal preferred by the State and SB-CID. The bench directed the SB-CID to serve a copy of the inquiry report to the complainant within four weeks in compliance with the earlier court order.

The bench upheld the single judge’s order that section 24 (4) of the RTI Act doesn’t exempt SB-CID from furnishing information on allegations of corruption and human rights violations.

Petitioner V Vidhya moved the HC seeking to direct the State and SB-CID to serve the inquiry report against the former DGP with regard to a complaint lodged by her.

According to the petitioner, a real estate promoter KC Bose-whom she alleged is a close associate of retired DGP SR Jangid-defrauded her to the tune of Rs 25 lakhs by producing fraudulent documents. She alleged that in 2009 Jangid foisted cases against the petitioner and incarcerated her in collusion with the real estate promoter. In 2011 the petitioner represented before DIG intelligence and lodged a complaint against the retired DGP, on the allegations of corruption and human rights violation, to conduct an inquiry.

The complainant later moved the Public Information Officer (PIO) under the RTI act seeking to furnish the inquiry report of SB-CID in the complaint lodged. However, SB-CID refused to furnish the report claiming that it is not entitled to share the information as it is a security and intelligence organisation, out of purview of the RTI act.

Aggrieved over the rejection by SB-CID, the petitioner moved the HC seeking to furnish the inquiry report. The additional advocate general (AAG) J Ravindran who appeared for SB-CID contended that the report of the SB-CID is a classified document it is an organization exempt from the application of the provisions of the RTI Act, 2007. The exemption, according to the State, is absolute and unfettered and no exception can be made in that regard, AAG added.

However, the single judge negated AAG’s submission and observed that section 24 (4) of the RTI Act will be applicable to SB-CID as the allegation pertains to corruption and human rights violations. The judge directed SB-CID to furnish the inquiry report to the petitioner within four weeks. SB-CID preferred had made an appeal in the HC, which has been rejected.