Inspection of certain case files of the CBI under RTI
5 Jun, 2012Background
The appellant sought the permission to inspect certain case files of the Central Bureau of Investigation (CBI). The Public information Officer (PIO) denied the inspection stating that the matter was under trial court and the information was exempted 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.
View of CIC
The appellant submitted that he was concerned only with those records which were registered by the State Police but got transferred to the CBI due to any circumstances. The respondent could not offer any credible argument against the disclosure of this information and the Central Information Commission (CIC) observed that the disclosure of the information would not, in any way, impede the prosecution pending before the trial court. The Commission directed the PIO to show him only those records related to the transfer of the case from the State Police to the CBI.
Comments
Denial of 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; is justified only if the disclosure impedes the investigation or prosecution.
Citation: Shri L S R Murthy v. Central Bureau of Investigation in File No. CIC/SM/A/2011/000485
RTI Citation : RTIFI/2012/CIC/337
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