Can the information regarding under trial case be disclosed to the accused?
The appellant filed an application under the Right to Information (RTI) Act with the Delhi Police seeking information pertaining to a case in which he was an under trial. The Public Information Officer (PIO) informed the appellant that the case is pending trial in the Tis Hazari Court and the requisite information could not be provided 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; of the RTI Act as providing the same would impede the process of investigation or apprehension or prosecution of offenders. The First Appellate authority (FAA) upheld the reply of the PIO and observed that the appellant is accused in the said case and the case is pending trial so the appellant can obtain the certified copy of the said case from the concerned Tis Hazari Court.
View of CIC
The Central Information Commission (CIC) observed that the respondent have not explained how the disclosure of the requested information would impede the process of investigation or apprehension or prosecution of offenders. The CIC directed the PIO to provide requested information to the appellant.
It is seen very often that the PIO/ FAA fail to issue a speaking order which becomes unsustainable at the level of the higher judicial fora.
Citation: Mr. Sunil Kumar v. Delhi Police in Case No. CIC/SS/A/2011/001714
RTI Citation : RTIFI/2013/CIC/1310
Click here to view original RTI order of Court / Information Commission