Copy of FIR - Is FIR a confidential document?
9 Apr, 2013Background
The Indian Overseas Bank had initiated disciplinary proceeding against some officials including the appellant in 1995 and the proceedings have now concluded. The appellant referred to the communication sent by the Bank to the CVC in this regard and filed an application under the Right to Information (RTI) Act with the Central Vigilance Commission (CVC). He sought for the certified copies of the enclosure sent along with this communication. The Public Information Officer (PIO) denied the information under section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; of the RTI Act.
View of CIC
The Commission observed that the exemption provision cited by the PIO does not appear to be appropriate in the present case and referred to section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; which bars the disclosure of information which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes. The Commission held that it is not established as to how the desired information could be covered under this provision. The respondent submitted that the enclosure with the same communication was the FIR filed by the CBI in the case. The Commission ruled that the first information report of any case is neither a confidential document nor its disclosure would impede the investigation or subsequent prosecution. The CIC directed the PIO to provide the attested copies of the enclosure received along with the communication to the appellant.
Citation: Mr. R. Govindarajan v. Central Vigilance Commission in File No. CIC/SM/A/2012/001320
RTI Citation : RTIFI/2013/CIC/1184
Click here to view original RTI order of Court / Information Commission