MIC directs Special Secretary Home to fine Rs 17,500 for non-compliance of its decision
Manipur Information Commission has directed the State Home Department to pay a sum of Rs. 17,500 as penalty over its failure to provide information seeks through RTI by Wahengbam Joykumar.
Joykumar seeks information regarding the failure of the State Home department to comply with the directives of the Supreme Court of india.
In an RTI application the appellant Joykumar asked SPIO/Special Secretary (Home) to furnish information regarding directions issued by the Supreme Court of India in the matter of State of Gujarat vs Kishanbhai Etc., (2014) 5SCC 108 and a letter issued by the Ministry of Home Affairs, Government of India vide No. 24013/09/Misc./2014-CSR.III dated 24.03.2014.
However, RTI reply copy from the Manipur Information Commission (MCI) in response to an application filed by Joykumar stated that the Home Department failed to provide detail information on his 10-points questions.
“The SPIO and FAA/Home Department stated that information sought by the appellant cannot be provided as SPIO is not directly the custodian of all the documents,” reads the RTI reply copy.
It also said that the Commission directs the SPIO/Special Secretary (Home) to pay a penalty of Rs 17,500 at the rate of Rs 250 per day within 45 days for not obliging the decision of the Commission and for not furnishing the information within the stipulated time granted by this Commission.
The applicant also said that the Home Department as well as Police Department has failed to implement the directives of the order of the Apex Court and Manipur Police officials have failed to make charge sheets and thus no authority have failed to take necessary action against those erring officials. On the other hand, the Govt. of Manipur has availed sufficient funds for police reform/modernization.
The applicant also asked to provide all office memoranda/circulars/guidelines/instructions issued by your Department to ensure compliance with the said directions, till date and list of members of the Standing Committee constituted to implement the Court’s directions with names, designations and contact details. The complete list of instances of acquittal in criminal proceedings examined by the Standing Committee till date and the considerations recorded by it indicating the IPC Sections and/or complete title of Special Laws with relevant Sections applicable to each instance of acquittal may please be provided.
In the application, he also asked to provide information on training materials developed for investigating and prosecuting officials as per the Court’s directions along with the name and contact details of the persons / agency employed for designing and developing training materials.
He also sought the number of cases in which departmental action has been initiated against erring police officials and prosecutors till date in relation to acquittals and other details.
The Department also failed to reply to his question on details of the monitoring mechanism established for assessing the performance of investigation and prosecution officials who have undergone training as per the Court’s directions.
