First Appeal in case of No RTI reply in 48 hrs under Life or Liberty

To Date xx/xx/2010
Appellate Authority
Joint Commissioner of Police

Sub:- Appeal u/s 19(1) r/w Section 20 of RTI Act 2005 for Matter arising out of absence of any response from the Public Information Officer within prescribed time.

References:-
1. RTI Application dated xx/xx/2010 (Annexure 1)

Sir
The applicant/undersigned is compelled to make this appeal as the Public Information Officer, xxxxxxxxxx, New Delhi has not supplied any information in regards to above mentioned references till date and hence deemed refused in view of section 7(2) of RTI Act 2005.

The requisite time for supply of information (48 hrs under Life and Liberty vide section 7(1)) has already expired. The RTI application was filed for reply within 48 hrs as the information concerns life and liberty of the applicant is restricted being in arrest as per records of P.S. xxxx vide FIR No. xx/xxxx.

It appears from the above mentioned facts that the staff of RTI Cell of xxxxxxxxx, Delhi has no honor and regard for the Constitution of India, RTI Act 2005 as well as for the directions of Hon’ble Supreme Court of India as they deliberately, malafidely and negligently refused and overlooked to the directions of citation referred in the RTI Applications explaining the matter of Life and Liberty and hence are guilty of Contempt of RTI Act as well as of Hon’ble Supreme Court Order. The applicant while requesting information, relied on the case of Sheela Barse V. State of Maharashtra, AIR 1983 SC 378 where it was held that :-

The operation of Art. 21, insofar as it imposes procedural limitation on a law that effects personal liberty, commences as soon as interference with personal liberty commences and ends only when that interference ceases. Hence, this article becomes relevant as soon a person is arrested, and it remains relevant so long as he remains subject to a criminal prosecution that has resulted or might result in the deprivation of his personal liberty.

It is therefore the applicant/undersigned most humbly prays to dispose off this appeal within 48 hrs as the matter pertains to life and liberty as explained above with the followings in this regard in the interest of justice :-

1. The Public information Officer be directed to immediately release the complete information as requested vide all applications/letters mentioned in Reference above.

2. The requested information may kindly be furnished vide independent replies in reference to aforementioned 3 letters in place of single reply.

3. The applicant/undersigned make kindly be exempted in view of section 7(6) of RTI Act 2005 from payment of any fee payable by me on account of default on the part of PIO to supply information within prescribed time.

4. To initiate action u/s 20 of RTI Act 2005 as well as section 166 of IPC against the concerned staff responsible for delay

Enclosures :-
Annexure 1:- RTI application dated __________

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