PIO denied information as the matter was sub-judice - CIC: The RTI Act provides no exemption from disclosure requirements for sub-judice matters except those expressly forbidden disclosure by a court or a tribunal & what may constitute contempt of court
7 Nov, 2014Copies of notesheet etc. relating to counter affidavit filed in CAT in a matter concerning the appellant was denied as the matter was sub-judice - CIC: The RTI Act provides no exemption from disclosure requirements for sub-judice matters except those expressly forbidden disclosure by a court or a tribunal & what may constitute contempt of court
Information sought:
The appellant has sought the following information regarding the case file under the consideration of CAT Hyderabad Bench vide OA No. 574 of 2012:-
1. Copy of the counter filed by your office in the Court of CAT Hyderabad.
2. Copies of note sheets and endorsement made in the file since day one to till date.
Grounds for the Second Appeal:
The CPIO has 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 2005.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Mir Rahmat Ali through VC
Respondent: Mr. Sidharth Kumar APIO through VC
The appellant stated that the department has filed a counter affidavit in the CAT in a matter concerning him and he wants a copy of the counter affidavit along with copies of note sheets & endorsement in the file. The APIO informed that a copy of the counter affidavit has been served on the appellant’s advocate and the other information cannot be provided as the matter is subjudice before the CAT.
Decision notice:
The RTI Act provides no exemption from disclosure requirements for sub-judice matters. The only exemption for sub-judice matters is regarding what has been expressly forbidden disclosure by a court or a tribunal and what may constitute contempt of court. In the matter at hand there is no such bar. Hence, the CPIO is directed to provide the information as above to the appellant within 7 days from the date of receipt of this order. The appeal is disposed of accordingly.
BASANT SETH
Information Commissioner
Citation: Mr. Mir Rahmat Ali v. BSNL in File No. CIC/BS/A/2013/001698/5811