How was the section 13(1)(c) of the PC Act cited for attachment of property?
The appellant referred to some order passed by the DoPT with reference to RO No. MA11999A0013 and through an application filed under the Right to Information (RTI) Act with the Department of Personnel & Training (DoPT), sought the copies of the related documents and records. 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; of the RTI Act stating that the prosecution in the matter was still pending before the Madras High Court.
During the hearing before the Central Information Commission (CIC), the respondent pointed out that the order passed by the DoPT in this case for attachment of property referred to section 13(1)(c) of the PC Act whereas he had never been prosecuted under this particular provision. He wanted to get the desired records to find out how this particular section was cited. The respondent further submitted that the particular section was referred in that order clearly due to some typographical error. The respondent of Central Bureau of Investigation (CBI) submitted that the appellant had been convicted by the lower court and the appeal was pending before the Madras High Court and the disclosure of the desired information had the clear potential of adversely affecting the prosecution of the offender.
View of CIC
The Commission rejected the appeal observing that that the appeal of the accused was still pending before the Madras High Court and the desired information, if disclosed, can impede the process of prosecution of the accused in the case.
Citation: Mr. K Thakshinamurthy v. Department of Personnel & Training in File No. CIC/SM/A/2012/001233