DGP must share details of Investigation Officer in SC/ST cases with victims: T.N. Information Commission

The Tamil Nadu Information Commission has directed the Director-General of Police (DGP)/Head of Police Force, Tamil Nadu, to share the details of the Investigation Officer appointed in Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, cases with the victims.

Passing orders in a petition filed by A.B. Karl Marx Siddharthar of Chennai, State Chief Information Commissioner M. Shakeel Akhter directed the DGP to issue a circular to all the officers concerned that whenever an Investigating Officer is appointed in cases concerning SC/STs, a copy of the appointment order should be given to the victim.

The petitioner had sought under the Right to Information Act, 2005, a copy of the First Information Report (FIR) in a particular case re-registered by the Crime Branch-Criminal Investigation Department (CB-CID) of the Tamil Nadu Police under the provisions of the SC/ST Act and also proceedings of the DGP’s office in the matter. Like other investigation agencies, the CB-CID does not host FIRs on its website.

Not satisfied with the replies given by the Public Information Officer (PIO) and the First Appellate Authority, the petitioner moved a second appeal before the Tamil Nadu Information Commission.

During the hearing, the PIO said an item-wise reply was sent to the petitioner. However, the latter wrote back pointing out a discrepancy. His main contention was that whenever an Investigating Officer was appointed in cases relating to the Act, the victim does not get to know the details of the Investigating Officer and copy of appointment order also was not being furnished.

Rule position

The provisions of Rule 7(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, specify that an offence committed under the Act, shall be investigated by a police officer not below the rank of a Deputy Superintendent of Police (DSP).

Rule 7(2) stipulates that the Investigating Officer should complete the investigation on top priority within 30 days and submit the report to the Superintendent of Police, who in turn will immediately forward the report to the DGP.

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