Information about the search conducted by the CBI
The appellant sought a variety of information regarding certain investigations made by the CBI against him including the search of his residence. The Public information Officer (PIO) provided some information and denied for rest claiming that much of the information sought form part of the case diary which was always considered to be a privileged document and even the law courts did not ordinarily ask for it. Further, the disclosure would impede the prosecution of the offender as the case was pending with the trial court.
View of CIC
The Central Information Commission (CIC) directed the PIO to provide some additional information like the photocopies of the search warrant, the affidavit filed before the magistrate, the list of persons who constituted the search party, the copies of remaining court diaries etc. as per the available records. The Commission referred to its earlier decisions and observed that documents forming part of records of the investigating officer in a criminal case pending trial should not be disclosed before the completion of the trial in order to ensure that the prosecution is not adversely affected. The record or evidence relied upon by the prosecution is either made available or can be made available to the accused by the court of law.
Citation: Maj. Gen. Vinay Kumar Singh v. Central Bureau of Investigation in File No.CIC/SM/A/2011/000396 & 397
RTI Citation : RTIFI/2013/CIC/256
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