DIR is a public document or private document

[Appla Raju]

Dear sir,

I have a query regarding DIR that is it a public document or private document.
I had file a RTI regarding giving certified copy of DIR but the RTI officer denied to give stating the reason that DIR is personal document of a person.

I want to file first appeal . please suggest me what can i argue .

regards

[Dr. Ashok Dhamija]

Your question is not properly worded and appears to be vague.

Firstly, I presume that by DIR you mean the “domestic incidence report” as defined in the Protection of Women from Domestic Violence Act, 2005, since you have not clarified its full name.

Secondly, let me point out that the expression “public document” or “private document” are not defined or used in the Right to Information Act, 2005. However, these expressions are defined in the Evidence Act.

As per the definition of “public document” in Section 74 of the Evidence Act, the DIR will be a public document and not a private document.

However, let me also point out that under the RTI Act, there are different considerations for refusing to provide information sought in an RTI application. Most probably, DIR would have been refused to you under either clause (e) or (j) of Section 8(1) of the RTI Act, which are as under:

“(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;”

“(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the Appellate Authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:”

Further, let me point out that if you are a respondent in a Domestic Violence case, then the DIR should be given to you by the Magistrate himself, in compliance of the principles of natural justice of giving you a reasonable opportunity of being heard.

So, it is not clear with which authority you filed RTI application for getting DIR copy, and also whether you had tried to get it from Magistrate as a part of your right under the principles of natural justice principles.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Appla Raju]

Dear sir,
I had filed a RTI to Public Information Officer,Child Development Project, anakapalli Road, VIzag (Andhra pradesh) regarding information on DIR(Domestic incident report case no. 44/2015) given below are the questions with answers received by the concern PIO:

1. Kindly provide me the copy of the order copy of the Honorable Magistrate received by the protection officer to Prepare DIR report under domestic violence act 2005.
Ans: Order Attached.

2. Did the investigating protection officer summoned or informed me, my parents and the aggrieved for the investigation before preparing the Domestic Incident Report (DIR). Reply Yes or No. If Yes, then Kindly provide me the certified true copy of the same.
Ans: only Aggrieved person is informed. Copy attached.

3. Has the investigating protection officer taken any statement or affidavit from the aggrieved__________ (name of wife)? Kindly provide me the certified copy of the same.
Ans: No

4. Has the investigating protection officer has taken any help or support of the police officer under domestic violence act 2005 section 9(b) while investigating the case? Reply Yes or No? If Yes then kindly provide me the certified true copy of the same.
Ans: No

5. Has the investigating protection officer inspected the shared household before preparing the Domestic Incident Report (DIR)? Has the investigating protection officer visited the shared household and taken statements of the neighbors of the shared household? Reply Yes or No? If Yes kindly provide me the certified copies of the statements.
Ans:NO

7. Under section 9(g), Has the investigating Protection officer got ________ (name of wife) medically examined before preparing the domestic incident report? Reply Yes or No. Kindly provide me the certified copy of the same.
Ans: No

8. Please provide the certified copy of DIR prepared as i am one of the accused in the complaint Under Sec 12 of DV act 2005.
Ans: Dir is a private document and we can’t provide.

9. Please give me copy of guidelines followed by you while preparing DIR report.
Whether these Guidelines have been followed by the concern officer. please answer in yes or no form.
Ans: Public Information Officer is not bound to answer this information.

regards

[Dr. Ashok Dhamija]

You may seek a copy of the DIR from the Magistrate court which is hearing the domestic violence case.

If you so wish, you may file an appeal against the above RTI reply, but the chances of success may depend on the response. These authorities may say that as far as they are concerned, the report can only be shared with the Magistrate who asked them to submit DIR.

So, you should try getting it from the Magistrate court.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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