Correspondences between TRAI-CAG and TRAI-CBI sought under RTI

Background

The appellant sought copies of correspondences between (i) TRAI (Telecom Regulatory Authority of India) and the Comptroller and Auditor General (CAG) (ii) TRAI and Central Bureau of Investigation (CBI) regarding the quantum of loss that occurred to the Government in the allocation of 2G spectrum from Jan 2009 till date. The Public Information Officer (PIO) of TRAI informed that information regarding correspondence between TRAI and CAG was not available with TRAI. He denied the correspondence between TRAI and CBI 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; 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 Right to Information (RTI) Act. During the hearing, the appellant submitted that he is not the affected party but the 2G Scam has shaken the nation and as a citizen of the country he wishes to seek the quantum of loss in this scam, as determined by TRAI/ CAG. The respondent submitted that the CBI investigated the scam and has filed a charge sheet against a number of accused persons and the matter is presently pending trial. The requested information is barred from disclosure 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; 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. He also submitted that CBI is the prosecuting agency in the matter and it is an organisation beyond the purview of the RTI Act under section 24.

View of CIC

The Central Information Commission (CIC) rejected the appeal observing that disclosure of requested information would impede the process of prosecution.

Citation: Mr. Ashish Pushkarna v. Telecom Regulatory Authority of India, in File No.CIC/LS/A/2011/004161