2018 (5) TMI 613 - HC - Indian Laws

Jurisdiction to award compensation - whether the CIC had the jurisdiction to award compensation under Section 19(8) of the Act for unjustified incarceration? - Held that - It is at once clear from the scheme of Section 19 of the Act that the provisions of section 19(8) of the Act are an adjunct to the power of the CIC or the SIC to consider the appeal against the decision of the FAA. Such power is relatable to the question of furnishing the information (or denial thereof) in accordance with the provisions of the Act. The provision of Section 19(8)(b) of the Act duly empowers the CIC or the SIC as an appellate authority to compensate a complainant for any loss or other detriment suffered. The CIC has no jurisdiction to enter into the controversy whether respondent no.1‟s detention for the extended period was justified or not. This controversy is completely alien to and outside the purview of the Act. Petition disposed off.

Summary

Issues:
1. Jurisdiction of the Central Information Commission (CIC) to award compensation for unjustified incarceration under the Right to Information Act, 2005.

Analysis:
The petitioner challenged an order by the CIC directing jail authorities to compensate a detainee for unjustified incarceration despite being granted bail. The petitioner argued that the CIC lacked jurisdiction to award such compensation. The detainee claimed he was detained beyond his sentence end date without legal authority. The Court clarified that the CIC's power to award compensation is linked to the denial of information under the Act. The CIC's compensation authority is limited to losses connected to the denial of complete information sought by the complainant.

The Court emphasized that the CIC's compensation power is an extension of its appellate role under the Act. The CIC can only compensate for losses related to denied information. In this case, the detainee filed information requests after his release, and the compensation awarded was not tied to denied information. The CIC's compensation for extended detention was deemed beyond its jurisdiction. The Court referred to a previous case to highlight the requirement for a direct link between denied information and compensation.

The Court set aside the CIC's order, stating it lacked a basis for compensation. However, it clarified that the detainee could pursue compensation through appropriate legal channels. The judgment concluded by disposing of the petition and related applications.