Copy of permission taken by CBI for laying a trap against the appellant
The appellant filed an application under the Right to Information (RTI) Act with the Central Bureau of Investigation (CBI) seeking to know whether the CBI had sought the permission of the central government before initiating an investigation against him and laying a trap. If no permission was sought, then the reasons thereof. The Public Information Officer (PIO) denied the information on grounds that the disclosure would impede the process of investigation as well as the prosecution of the offender and that the CBI had been placed in the second schedule to the RTI Act by a government notification.
During the hearing before the Central Information Commission (CIC), the appellant argued that he was entitled to this information since not only the investigation was already over. The matter was pending before the trial court and the information concerned an allegation of corruption and was thus covered under the proviso to section 24 of the RTI Act. The respondent submitted that the matter was pending trial and the disclosure of any information at this stage would adversely affect the prosecution. He also argued that the CBI was not required to give any information now having been included in the second schedule to the RTI Act.
View of CIC
The Commission observed that the provisions of the RTI Act would no longer apply to the CBI since the central government has included it in the second schedule. The CIC further held that the desired information is related to a case of corruption so it is covered under the proviso to section 24 of the RTI Act and should be disclosed. The CIC directed the PIO to provide to the appellant the copy of any permission the CBI might have sought from the competent authority for laying a trap against him and for initiating any investigation. If no such permission had been sought the PIO has to inform the appellant suitably.
Citation: Mr. S.K. Gupta v. Central Bureau of Investigation in File No. CIC/SM/A/2012/001015
RTI Citation : RTIFI/2013/CIC/990
Click here to view original RTI order of Court / Information Commission