Are the copies of documents collected by the Investigating Agency liable to be disclosed under RTI?

Background

The appellant had filed a FIR with the Economic Offences Wing of Delhi Police in 2007. Even after a lapse of almost three years no charge sheet / final report was filed by the EOW. To know the reasons for the delay, he filed a RTI application, seeking certified copies of certain documents collected by the Investigating Agency during the course of investigation in the case. The Public Information Officer (PIO) denied the information under section 8(1) (e), (g), (h) and (j) of the RTI Act, claiming that the investigation of the said FIR was in progress and the final report was yet to be filed in the Court. The First Appellate Authority (FAA) upheld the order of the PIO stating that the disclosure of the sought information may endanger the life and physical safety of the concerned persons. Further, as the investigation of the case was still under progress divulging the sought information may influence the persons/witnesses concerned and may result in destruction/tampering of the available material which may ultimately impede the process of enquiry.

View of CIC

During the hearing, the respondents submitted that the matter has reached in an advanced stage of investigation and only the CFSL report was awaited. The delay occurred due to late receipt of documents from the ROC. The Central Information Commission endorsed the orders of the FAA and directed the PIO was to apprise the appellant of the current status/progress of investigation into the said FIR.

Citation: Shri Vipul Kumar Agrawal v Delhi Police, Economic Offences Wing in File No. CIC/SS/A/2011/001941