2015 (6) TMI 293 - HC - Indian Laws

Denial of information sought for - Information regarding proceedings for complaint filed by the appellant - Held that - Investigation in the matter be conducted by the CBI, Delhi. All records pertaining to the case, which were with the CBI, Chandigarh and the Chandigarh Police, were directed to be handed over to the CBI, Delhi. It was maintained by learned counsel appearing for the CBI, before learned Single Judge, that the investigation in the matter was not just confined to the FIR registered by the Chandigarh Police, rather, the matter as a whole was under investigation including the illegalities and irregularities pointed out even by the appellant in a complaint made by him. - provisions of Section 8(1)(h) attracts itself to the matter. Respondent No. 1, is well within its right to claim exemption from disclosure of information under the said clause. Provisions of Section 8(1)(h) are clear, conscious and incapable of any misconstruction. The same postulates that the information that would impede the process of investigation or apprehension or prosecution of offenders, notwithstanding anything contained in the Act, there shall be no obligation to give the said information to any citizen. - provisions of Clause (h) does not take only the process of investigation within its sweep but also the prosecution of offenders as well - Decided against appellant.

Summary

Issues:
- Interpretation of Section 8(1)(g) & (h) of the Right to Information Act, 2005
- Disclosure of information by CBI in relation to an ongoing investigation
- Applicability of exemptions under Section 8(1)(h) of the Act

Interpretation of Section 8(1)(g) & (h) of the Right to Information Act, 2005:
The case involved a complaint filed by the appellant regarding the "Chandigarh Teachers Recruitment Scam." The appellant sought certain documents and information from the CBI related to his complaint. Initially, the CBI agreed to provide the information but later denied it citing a pending petition before the court regarding the transfer of investigation from Chandigarh Police to CBI. The Central Information Commission directed the CBI to supply the information, which was challenged by the CBI before the Single Judge. The Single Judge analyzed the situation in light of Section 8(1)(g) & (h) of the Act. It was observed that while certain information related to the investigation could not be disclosed, the report sent to the Chief Vigilance Officer was directed to be supplied as it was not part of the ongoing investigation.

Disclosure of information by CBI in relation to an ongoing investigation:
The appellant argued that the investigation being conducted by the CBI was based on an FIR registered by Chandigarh Police, which was different from the allegations made in his complaint. Therefore, he contended that the provisions of Section 8(1)(g) & (h) of the Act were not applicable. On the other hand, the CBI contended that the investigation covered all aspects, including the illegalities and irregularities mentioned in the appellant's complaint. The CBI highlighted that the investigation was comprehensive and not limited to the FIR registered by the Chandigarh Police.

Applicability of exemptions under Section 8(1)(h) of the Act:
The Court referred to the provisions of Section 8(1)(h) which exempt the disclosure of information that could impede the process of investigation or prosecution of offenders. It was noted that the investigation had been completed, and a final report/charge-sheet had been submitted to the court. The Court emphasized that Section 8(1)(h) not only covers the investigation process but also the prosecution of offenders. Consequently, the Court dismissed the appeal, stating that the CBI was justified in claiming exemption from disclosing certain information under Section 8(1)(h) of the Act.