Information about a case related to ‘leak of question paper’ of the ICAI described as “Black Sunday” - PIO: the case of leak of question paper is presently in court and exemption u/s 8(1)(h) claimed - CIC: provide status of the case and name of accused
18 Oct, 2013ORDER
The present appeal, filed by Shri Sanjay S. Shanbhag against the Institute of Chartered Accountants of India, was taken up for hearing on 26.09.2013 when the Respondents were present through Shri N P Singh, Sr. JS and Ms. Seema Gerotra, DD. The Appellant was, however, not present.
2. The Appellant through his RTI application dated 10.09.2012 sought certain information (like, names and crime details of the perpetrators involved in the black Sunday and reasons for the leak of question paper; list of the exam postponed for said reasons etc.) about a case related to ‘leak of question paper’ of the institute which he described as “Black Sunday”.
3. The CPIO vide his letter dated 19.10.2012 provided to the Appellant the details of exams postponed due to leak of question paper. She, however, denied the remaining information citing exemption 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.
4. Aggrieved by the reply of the CPIO, the Appellant filed an appeal before the Appellate Authority on 22.10.2012 which the Appellate Authority decided vide his order dated 22.11.2012 upholding the CPIO’s view.
5. The Appellant then, being dissatisfied with the order of the Appellate Authority, filed the present appeal before the Commission.
6. During the hearing, the Respondents inform the Commission that the case related to the leak of question paper of the institute is presently in court and that, therefore, they have claimed exemption u/s 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 from disclosure of the information sought at point (i) & (ii) of the RTI application wherein the Appellant had sought to know the names and crime details of the perpetrators involved in the black Sunday and reasons for the leak of question paper.
7. Having heard the submissions above and perused the records, the Commission hereby directs the CPIO to apprise the Appellant of the status of the case and the name of the accused within 2 weeks of receipt of this order.
8. Appeal is disposed of accordingly.
(Sushma Singh)
Information Commissioner
Citation: Shri Sanjay S. Shanbhag v. Institute of Chartered Accountants of India in Case No. CIC/SS/A/2013/000416