2010 (12) TMI 1322 - HC - Indian Laws

Summary

Issues involved:
The denial of information u/s Section 8 (1) of the Right to Information Act, 2005 by the Deputy Commissioner of Police, Anti Corruption Branch (‘DCP’), regarding documents related to a criminal case under FIR No. 52 of 2003, as directed by the Central Information Commission (‘CIC’).

Summary:

Issue 1: Denial of information under RTI Act
The CIC directed the DCP to provide copies of documents related to a criminal case, finding the denial of information under Section 8 (1) of the RTI Act to be unjustified as it did not cover subjudice matters. The DCP challenged this order.

Issue 2: Interpretation of CrPC and RTI Act
The DCP argued that the case diary could not be used as evidence and the accused did not have an automatic right to it under Section 172 (2) of the Code of Criminal Procedure, 1973 (‘CrPC’). The Respondent, who was convicted in the trial, contended that his right to seek documents under the RTI Act was not subject to CrPC provisions.

Judgment:
The Court agreed with the CIC that denial of information under the RTI Act required justification under Section 8 (1). Since the criminal trial had concluded, disclosure of information related to the investigation, including the D.D. entry of arrest and case diary, to the Respondent would not prejudice the DCP. The right to seek such information post-trial under the RTI Act was not barred by the CrPC, as per Section 22 of the RTI Act. Therefore, the Court upheld the CIC's order, dismissing the petition and the pending application.