CBI cannot refuse to consider the RTI application filed before 9 June 2011
A prisoner at the Mumbai Central Prison filed an application under the Right to Information (RTI) Act with the Central Bureau of Investigation (CBI) seeking copies of a number of documents such as, Lock up Diary entry, Case Diary entry and Station Diary entries in respect of himself when he was placed in the police lockup. The Public Information Officer (PIO) had refused to disclose any such information on the ground that the CBI had since been placed in the second schedule to the Right to Information (RTI) Act.
During the hearing, the Central Information Commission (CIC) noted that the RTI application is dated 19 May 2011 while the CBI was included in the Second Schedule with effect from 9 June 2011. Therefore, the CBI cannot refuse to consider the RTI application only on the ground that it had since been included in the Second Schedule. The respondent submitted that the appellant was an accused in the Kandahar Plane Hijack case and had been sentenced to life imprisonment. The CBI is still in the process of investigating into this case because several other accused persons have not been apprehended till now and thus the disclosure of the desired information would impede the investigation under way.
View of CIC
The Central Information Commission (CIC) agreed with the views of the respondent and rejected the appeal observing that the sought information is exempt from disclosure 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 at this stage it has the potential to impede either investigation into the case or prosecution of any offender.
Citation: Mr. Abdul Lattef Adam Mamin v. Central Bureau of Investigation in File No.CIC/SM/A/2011/002502
RTI Citation : RTIFI/2012/CIC/695
Click here to view original RTI order of Court / Information Commission