Can analysis reports of the CD be disclosed under RTI?

Background        

The appellant sought information regarding the controversial CD allegedly having conversation between member of Joint Drafting Committee for Lokpal Bill and Samajwadi Party Chief, such as, copies of analysis reports on examination of the CD analysed by CFSL, Chandigarh and other laboratories, copy of closure-report filed by Delhi Police in the case and file-notings on movement of the RTI petition. The Public Information Officer (PIO) informed the appellant that the investigation of the case was complete and final report had been sent to the Court for judicial verdict. Thus, all the sought documents were attached with judicial file and submitted to the court and were no longer with the public authority. During the hearing the appellant emphasised for the supply of a copy of closure report by Delhi Police, claiming that the situation had changed since the filing of the RTI application and the closure report was rejected by the concerned Court and the matter had been remitted back for re-investigation. The PIO submitted that since the matter was now under investigation, the provisions of 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; would apply and a copy of the final report cannot be provided to the appellant.

View of CIC

The Central Information Commission (CIC) directed the PIO to provide a copy of the closure report to the appellant, observing that the PIO had failed to show as to how the disclosure of information would impede the process of investigation or prosecution of offenders.  

Citation: Mr. Subhash Chandra Agrawal v. Delhi Police, Special Cell, in Case No. CIC/SS/A/2012/000046