Rajasthan High Court
Dinesh Kumar Choudhary Son Of Late ... vs State Of Rajasthan ... on 26 September, 2023
Bench: Mahendar Kumar Goyal
[2023:RJ-JP:25197]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Contempt Petition No. 241/2020
In
S.B. Civil Writ Petition No.2715/2019
Dinesh Kumar Choudhary Son Of Late Shri Gopal Lal Choudhary,
Aged About 23 Years, Resident Of Village Todi, Post Manoharpur,
Tehsil Shahpura, District Jaipur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary To
The Government, Department Of Home, Govt.
Secretariat, Jaipur.
2. Shri Rajeeva Swarup, Principal Secretary To The
Government, Department Of Home, Govt. Secretariat,
Jaipur.
3. Shri Bhupendra Singh, Director General Of Police,
Government Of Rajasthan, Police Head Quarters, Jaipur.
4. Shri Prashakha Mathur, Inspector General Of Police
(Recruitment), Police Head Quarter, Jaipur.
5. Shri Kishori Lal Meena, Commandant, Mahrana Pratap Rac
Battalion, Pratapgarh, District Pratapgarh.
----Respondents
For Petitioner(s) : Mr. Sukhdev Singh Solanki
For Respondent(s) : Mr. Rajesh Maharshi, AAG with
Mr. Udit Sharma
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order
26/09/2023
This contempt petition has been filed alleging willful
disobedience of the order dated 06.02.2019 passed by this Court
whereby, while disposing of the writ petition, the respondents
were directed to supply the petitioner requisite information under
Right to Information Act, 2005 (for brevity "the Act of 2005")
within seven days from the receipt of certified copy of the order.
Learned counsel for the submits that despite the aforesaid
categorical direction, the respondents have failed to supply him
videography of the 5 kilometers' race. He, therefore, prays that
[2023:RJ-JP:25197] (2 of 2) [CCP-241/2020]
the respondents may be directed to purge the contempt and they
may also be punished suitably.
Per contra, learned counsel for the respondents, inviting
attention of this Court towards the letter dated 03.03.2020 issued
by the Commandant, Maharana Pratap Battalion RAC (I.R.),
Pratapgarh addressed to the petitioner, would submit that since,
the video recording of the race got corrupted, the same could not
be supplied to him. He, therefore, prays for dismissal of the
contempt petition.
In rejoinder, learned counsel for the petitioner, referring the
letter of the Commandant and Superintendent of Police, District
Pratapgarh dated 31.01.2019, would submit that the information
was available with the respondents; but, they have deliberately
not supplied the same to him.
Heard. Considered.
Indisputably, barring the CCTV videography footage of the
race, the petitioner has been supplied rests of the information
sought by him under the Act of 2005. As per the letter of the
Commandant dated 06.03.2020 issued after the letter dated
31.01.2019, it is reflected that the CCTV videography of the race
could not be supplied to the petitioner as it got corrupted.
In view thereof, the respondents cannot be held guilty of
willful and deliberate violation of the order dated 06.02.2019.
Resultantly, this contempt petition is dismissed.
The notices are discharged.
(MAHENDAR KUMAR GOYAL),J
Manish/67
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