Circular regarding commission paid on sale of SIM card was sought under RTI
23 Jan, 2013Background
The appellant filed an application under the Right to Information (RTI) Act with the MTNL seeking a copy of circular letters issued by the MTNL to its to its distributors regarding the commission amount to be paid to them in respect of sale /activation of SIM card. The Public Information Officer (PIO) denied the information 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; 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.
Proceeding
During the hearing before the Central Information Commission (CIC), the PIO stated that the matter is being investigated by the CBI and the file containing the circular has been seized. The appellant argued that the circular regarding the commission structure on SIM is not a matter of investigation by the CBI.
View of CIC
The Commission directed the PIO to furnish a copy of the circular, if it does not form the subject matter of investigation by the CBI. If the said circular is also the subject matter of investigation, an appropriate affidavit should be filed before the Commission.
Comment
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; 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 can be used to deny the information only if the disclosure of information would impede the process of investigation or apprehension or prosecution of offender. This section cannot be used merely on the grounds that the matter is under investigation. The PIO, while using section 8 or section 9 of the RTI Act for denial of information, should pass a speaking order, showing how the said exemption section is applicable on the sought information.
Citation: Mr. Praveen Agarwal v. MTNL in File Nos. CIC/LS/A/2012/000342/BS/1618
RTI Citation : RTIFI/2013/CIC/983
Click here to view original RTI order of Court / Information Commission