9911796707
TMI Blog2015 (6) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n appeal before the Central Information Commission (for short, the Commission ). The prayer made by the appellant was accepted and respondent No. 1 was directed to supply the information, as was initially agreed to, along with the report that was sent to the Chief Vigilance Officer, Chandigarh. It is the said order, which was assailed by the CBI, before the learned Single Judge of this Court. 4. The short question, that evolved for consideration before the learned Single Judge was, could the order passed by the Commission be sustained in the wake of the provisions of Section 8(1)(g) (h) of the Right to Information Act, 2005 (for short, the Act ). On an analysis of the matter, the learned Single Judge was of the view, that pursuant to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icable. However, the contention is misconceived, if considered in the light of the directions issued by this court and the stand taken by learned counsel for the petitioner before this court. Once the matter is under investigation, in terms of provisions of Section 8(1)(h) of the Act, the information pertaining thereto cannot be supplied in a query under the Act. 5. We have heard the appellant, who appeared in person and the counsel for respondent No. 1. 6. The appellant reiterates his case and the submissions he had advanced before the learned Single Judge. He submits, that it was only the investigation that was being carried out pursuant to an FIR registered by the Chandigarh Police, which was entrusted to CBI. The subject matter o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the source of information or assistance given in confidence for law enforcement or security purposes; (h) information, which would impede the process of investigation or apprehension or prosecution of offenders. 9. As is discernible from the records, the information that was directed to be furnished to the appellant, by the Commission, was the action that was resorted to by the CBI pursuant to the complaint made by the appellant. And, also the material, which was collected in this regard. In CWP No. 17021 of 2009, filed in public interest, a Division Bench of this Court directed that the investigation in the matter be conducted by the CBI, Delhi. All records pertaining to the case, which were with the CBI, Chandigarh and the Cha ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
