Information regarding a matter cannot be denied just because the case is sub-judice
1 Oct, 2012Background
The appellant filed an application under the Right to Information (RTI) Act with the Central Bureau of Investigation (CBI) seeking various aspects of the investigation being conducted by it into the IPO/ Shares Scam. The Public Information Officer (PIO) denied the information under section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act stating that the cases registered by the CBI were before a trial court and the disclosure of the information would adversely affect the prosecution.
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The Central Information Commission (CIC) observed that any information sought regarding a pending matter cannot be denied just because the case is sub-judice. The Commission also ruled that disclosing the names of the persons charge-sheeted, the amount of money recovered, if any, the provisions of law under which the accused have been charge sheeted or similar other information cannot have any adverse effect on the prosecution of the offenders. The Commission directed the PIO to provide the factual information in respect of each of the queries put up in the RTI application. The Commission further ruled that the file noting in respect of those individuals who had been let off by the CBI and the copy of the complaint based on which the CBI had initiated the entire enquiry should not be disclosed as it is exempt from disclosure under section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; and section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the Right to Information (RTI) Act.
Citation: Mr. Vinod Mehta v. Central Bureau of Investigation in File No.CIC/SM/A/2011/002366 & 2387
RTI Citation : RTIFI/2012/CIC/691
Click here to view original RTI order of Court / Information Commission