Bhopal (Madhya Pradesh): One can get a copy of FIR from police stations within 48 hours under RTI Act in Madhya Pradesh, ruled State Information Commission bringing the FIR under the ambit of the Act, as per the order.
Giving his ruling the state information commissioner Rahul Singh issued instruction to MP police to make copy of FIR available within 48 hours of the RTI query.
Singh in his order warned that Rs 25000 fine would be imposed or disciplinary action would be taken against police officers who deliberately withheld information about the FIR.
He, however, clarified in the order that FIRs related to sensitive nature of offences and those barred under Section 8 of RTI Act are supposed to be kept out of the purview of RTI.
Under the 48 hours clause, the RTI Act has no clarity on time limit of first appeal or second appeal hearing.
Singh clarified in his order that ideally the first appellate authority and the second appellate authority should address the appeal within 48 hours of the filing of the appeal.
Taking recourse to Article 21 and Article 19 of the Constitution of India to issue this order on FIR the state information commissioner said under Article 21, the right to the protection of life and personal liberty was guaranteed, while Article 19(1) gave the right to information to any citizen.
He said the accused against whom the FIR had been registered had the right to know that under which section FIR had been registered against them and what charges had been made against them.
He said FIR was a public document prepared under section 154 of CrPC and it was also a public document under section 74 of the Indian Evidence Act 1872.
