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Synopsis

The Nagpur Division Bench of the Bombay High Court comprising Justice Rohit Deo and Justice YG Khobragade has issued notice to the state government and the police department in a plea filed by a 61-year-old citizen. 

A plea was filed by Lalan Kishore Singh after a notice was issued to him for questioning after he had filed an application under the Right To Information Act before the State Home Department seeking information with respect to the security provided to the headquarters of Rashtriya Swayam Sevak Sangh (RSS). The application was filed after he came across a news article which said that security was provided to RSS, an unregistered non-governmental organization.

The application was forwarded to Secret Information Department and then came to the City Police. The application was rejected on the ground that the said wing was exempted from RTI. 

Subsequently, a notice was issued to him by the Assistant Police Inspector for recording his statement. 

The plea filed by Lalan states that,

"The petitioner further submits, that the Respondent No.5 is not an Competent Authority to make any enquiry against the petitioner sought the information under right the information Act the Respondents under the political pressure is trying to the fundamental Right of the Petitioner. "

While contending that the application was filed for the benefit of the general public. The plea reads,

"The information sought by the Petitioner is to be benefit of Public at Large without there being any violation of law. Hence, without giving the information to the petitioner, Initiating the Enquiry against the Petitioner is unlawful and to curb the fundamental Rights of the Petition, Hence, the Petitioner is approaching this Hon'ble Court"

The petitioner has prayed for quashing and setting aside the notice issued to him.