In view of the Annual Report of CRime published by National Crime Record Bureau I had sought for information about cases reported, chargesheeted and abated/closed by Delhi Police for three years which is as follow:-
Year Total Cases Reported Total Cases Disposed of by Police Total Value of Property stolen Value of Total Property recovered Recovery %age
2017 2,60,604 1,87,860 7,52, 68,85,573 77,57,88,825 10.31%
2018 2,67,902 2,17,694 10,17,66,32,417 61,80,92,238 6.07%
2019 2,96,119 2,56,118 8,65,23,46,642 88,30,70,726 10.20%
A copy of the information received from NCRB is attached herewith for your ready reference.
That, in the aforesaid background, an application under RTI was filed seeking the provision under which Delhi Police had closed/abated the cases. However, the CPIO transferred the RTI to NCRB stating that this pertains to NCRB.
I had filed an appeal bearing No. DEPOL/A/E/21/00887 challenging said transfer on the following grounds:-
The CPIO has mechanically transferred the application to NCRB because the cases are closed by Delhi Police as untraced and National Crime Record Bureau has no role to play.
In case of theft cases the FIR are booked by Delhi Police and the FIR cannot be closed by Delhi Police without Court intervention.
Therefore, it is understandable that Delhi Police is taking action under some provision and power vested with it under the law. Delhi Police has legal Cell that follows up legal cases in the Courts. Hence, the CPIO was under obligation to collect the information and provide the same to the appellant as held by Hon'ble High Court of Delhi.
That, the Additional Commissioner, Delhi Police passed an order remitting the Appeal to PIO/Crime vide this letter F.No. 816/2021/116-118/RTI/Appeal/Crime, dated 18.05.2021 (copy enclosed.
Appellant’s referred application was received in the office of PIO/Crime on 30.03.2021 for providing the requisite information under RTI Act-2005. Accordingly, PIO/Crime had provided a reply vide letter F.No. (694/2021)/ 2240/PIO/Crime, dated 19.04.2021.
On further examining, information provided by PIO/Crime to the appellant is not found so much convincing which needs to be re-examined.
In view of the above, the appeal is hereby remitted to PIO/Crime to re- examine the information sought by the appellant on his original RTI application under RTI Act, 2005 and to do the needful within 20 working days from the date of issue of this order under intimation to the appellant as well as to the undersigned.
The appellant may file 2nd appeal against this order with Hon’ble Central Information Commission, CIC Bhawan, Baba Gang Nath Marg, Munirka, New Delhi- 110067 within the stipulated period under RTI Act, 2005, if he so desires.
The appeal is disposed off accordingly.
That, after receiving the aforesaid order, the DCP (Crime) vide letter dated 24th May 2021 responded as under:-
In this connection, the RTI application has been re-examined and found that you have sought information regarding Delhi Police Act/RuIes/ Regulations under IPC and CrPC etc. The information sought by. you is general in nature and relates to All PIOs Districts including Police Headquarter. Delhi Police, Delhi. Moreover, no such information is available in this office. Hence, your RTI application is being forwarded to All PIOs Districts including Police Headquarter, Delhi Police, Delhi/New Delhi.
Therefore, perusal of both the order and response from DCP (Crime) it appears that the DCP (Crime) in order to refuse to provide the easiest information, the DCP (Crime) has transferred the application to all the Police Stations in Delhi.
This forces us to draw an inference that both the DCP (Crime) and Learned Additional Commissioner are unaware of the information , which is printed on the Report which is submitted before the Court i.e. section 173 , relevant text of which is reproduced as under:-
Section 173 in The Code Of Criminal Procedure, 1973
173. Report of police officer on completion of investigation.
(1) Every investigation under this Chapter shall be completed without unnecessary delay.
(2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating :-
3,4,5,6,7
(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub- section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub- sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub- section (2)
In this background, the citizens are bound to carry an impression that if the officers are ignorant about the basics on which the Department is working and cannot even read the form and ascertain the section under which that information is being provided, how can they control the complex positions, law and order and control Crime?
This raises serious concerns about the capabilities of the officers, consequently the efficacy of Governance and handling critical situations which is appearing as a very poor %age of recoveries of property and automobile stolen and very high %age of cases closed by Police.
Equally guilty is the Govt of NCT of Delhi, which despite having been seized of poor performance by Delhi Police, has never raised any concern and has allowed the citizens to suffer because, once there is a theft, the loss of citizens is manifolds - cost of goods and property stolen, cost of repairs on account of damage to the home, cost of procuring the goods lost - which is manifold higher than the cost at which those were purchased, and last but not the least the emotional and mental torture and harasment.