Can the information be denied under section 8(1)(h) after the charge-sheet has been filed?

Background

The appellant was an employee of the Navy and claimed that he has wrongly held by the police under the Official Secrets Act.  To prove his innocence before the court he filed the RTI application seeking information regarding the FIR against him such as the details of the private cars hired by the raiding party, duty hours of the private cars, the payment made for hire of these cars and copy of receipt for payment etc. He also wanted to know the details of the persons who accompanied the Investigation officer for the raid along with their rank, number and the time the raiding party left the office etc. as per DD entry. The Public Information Officer (PIO) denied the information under section 8(1) (h) of the RTI Act and stated that the case was pending in the CMM Court. The respondent during the hearing submitted that the appellant was arrested on the report of the Intelligence Branch which is an organization exempted from the provisions of the RTI Act in terms of section 24 read with the schedule II.

View of CIC

The Central Information Commission partially upheld the order and directed the PIO to provide copies of the relevant D.D. entries as requested by the appellant, the constitution of the raiding party and date of journey to Mumbai, stating that the disclosure of such information does not attract the provision of section 8(1) (h) of the RTI Act.

Citation: Shri Chand Kumar Prasad v. Delhi Police, Special Cell in File No. CIC/SS/A/2011/0001064